Milton Public Library v. Canadian Union of Public Employees and its Local 932
1475-00-M Milton Public Library, Applicant v. Canadian Union of Public Employees and its Local 932, Responding Party.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; April 18, 2001
1The employer made an application pursuant to section 114(2) of the Labour Relations Act, 1995 (the “Act”) for a determination that a position should be excluded from the bargaining unit on the basis that the person in the position exercised managerial functions and therefore was not an “employee”.
2The union filed a response. Subsequently, the union advised the Board that the position was vacant and submitted that it was therefore, premature and inappropriate to enquire into the duties and responsibilities.
3By letter dated April 12, 2001, the employer seeks leave to withdraw and, essentially, agrees with the union’s position that the Board has typically declined to engage in an inquiry where the positions is vacant.
4The Board hereby grants leave to withdraw this application.
5The hearing date is cancelled.
“Mary Ellen Cummings”
for the Board