Ontario Labour Relations Board
1225-01-R National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) , Applicant v. Northern Elevator Limited, Responding Party.
BEFORE: Mary Anne McKellar, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson
DECISION OF THE BOARD; July 27, 2001
This is an application for certification.
The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (“the Act”).
Along with its application, the applicant submitted various applications for membership in the trade union, and a completed Declaration Verifying Membership Evidence (Form A-4), which was not signed by the declarant.
In making the threshold determination of whether the applicant has established the appearance of the requisite support to entitle it to a representation vote, the Board must rely on documentary membership evidence which is not revealed to the employer or subjected to cross-examination. Because of this, the Board requires assurances from a responsible union official concerning the authenticity of the membership documents. Lacking such assurances in the form of a properly completed and signed Form A-4, the Board refuses to give any weight to he membership evidence filed. See Beatty-Hall Construction Co. Limited, [1983] O.L.R.B. Rep. Jan. 19.
As a consequence of the failure to file a properly completed and signed Form A-4, this application is dismissed.
“Mary Anne McKellar”
for the Board