Ontario Labour Relations Board
1384-01-R A. Gourley of CUPE Local 3566 Technical Unit, Applicant v. Canadian Union of Public Employees (CUPE), Responding Party v. Cancer Care Ontario, Hamilton Regional Cancer Centre, Intervenor.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
APPEARANCES: C. J. Abbass, Alison Gourley and Brenda Kuchma for the applicant; Mark Gallina, Shaun Pearson, Lorne Trevors and Dave Michor for the responding party; William LeMay, Sam Mandelbaum and Lynn Tessaro for the intervenor.
DECISION OF THE BOARD; September 13, 2001
1This application was scheduled for hearing before the Board on Monday, September 10, and Tuesday, September 11, 2001 commencing at 9:30 a.m. to hear the outstanding issues raised by the responding party, Canadian Union of Public Employees (CUPE). After the commencement of the hearing, counsel for the responding party advised that it was withdrawing its objections to the application.
2As there are no other outstanding issues in this application, the Board will issue a final decision in this matter.
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4The Board declares that the responding party no longer represents the employees of Cancer Care Ontario, Hamilton Regional Cancer Centre in the bargaining unit for whom it has heretofore been the bargaining agent.
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.
6Meeting and hearing dates set previously are hereby cancelled.
7The employer is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
“Caroline Rowan”
for the Board