Ontario Labour Relations Board

0174-01-R; 0341-01-R Tony Monaco, Applicant v. The International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario and affiliated IBEW Local Union 353, Responding Party v. Midtown Enterprises Limited, Intervenor.

BEFORE: David A. McKee, Vice-Chair.

DECISION OF THE BOARD; May 11, 2001

[1]. These two applications are applications for the termination of bargaining rights held by the responding parties in respect of certain employees of the intervenor. Board File No. 0341‑01-R was filed only because of an issue with respect to service raised by the responding party in Board File No. 0174-01-R.

[2]. In Board File No. 0341-01-R, the applicant asks that a second representation vote be held as soon as possible. The responding party suggests that consideration of this decision to hold a vote be deferred until after Board File No. 0174-01-R has been decided, pursuant to section 111 (3) (b).

[3]. The Board has recently dealt with the notice issue in a similar (but not identical) application: Jack Bird Plumbing & Heating Ltd (Board File No. 3206-00-R, unreported, April 26, 2001). This was decided after the responding parties filed their two responses on April 19 and 23.

[4]. In light of the decision in Jack Bird Plumbing & Heating, the responding parties may or may not be pursuing their objections in Board File No. 0174-01-R. The Board directs the responding parties to advise the Board if they continue to maintain their objections with respect to service. If they are, the responding parties are directed to file detailed written submissions as to why the Board should dismiss the application based on the undisputed facts surrounding the service of the application. These submissions must be filed on or before 5:00 p.m. on May 22, 2001. The applicant and intervenor are directed not to respond to those submissions until the Board requires them to do so.

[5]. I remain seized of these applications for the purposes of considering the issue of procedure.

"David A. McKee"

for the Board