Ontario Labour Relations Board
File No.: 3840-00-R Date: September 20, 2001
Between:
Chris Baird, Applicant v. International Brotherhood of Electrical Workers Locals 105, 115, 120, 303, 353, 402, 530, 586, 773, 804, 894, 1687, 1739 and the International Brotherhood of Electrical Workers Construction Council of Ontario, Responding Party.
Before: Inge M. Stamp, Vice-Chair, and Board Members G. Pickell and A. Haward.
Decision of the Board
1This matter was scheduled to be heard on Thursday, September 20, 2001. The responding party, IBEW Construction Council of Ontario and its Locals advised the Registrar of the Board, by fax dated 09/19/2001, that the union would not be calling any evidence in support of the objections raised in its response to the termination application. The union further advised that it would not be attending the hearing scheduled the next day.
2Counsel for the applicant advised that in light of the union’s correspondence the applicant will not be attending at the hearing and further requested that the Board process this application in the usual manner.
3On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party.
4The Board declares that the responding party no longer represents the employees of Trevor Phillips Electric Limited and/or 1087325 Ontario Inc. operating as Hamilton Industrial Controls for whom it has heretofore been the bargaining agent in the following bargaining unit:
all electricians and electricians’ apprentices in the employ of Trevor Phillips Electric Limited and/or 1087325 Ontario Inc., operating as Hamilton Industrial Controls in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario and all electricians and electricians’ apprentices in the employ of Trevor Phillips Electric Limited and/or 1087325 Ontario Inc., operating as Hamilton Industrial Controls in all sectors of the construction industry in the Regional Municipality of Hamilton-Wentworth, the City of Burlington, that portion of the geographic Township of Beverly annexed by North Dumfries Township and that portion of the Town of Milton within the geographic Townships of Nassagaweya and Nelson, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
5The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
6The employer is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Hearing" posted previously. These copies must remain posted for a period of 30 days.
"Inge M. Stamp"
for the Board