1218-01-R International Union of Operating Engineers, Local 793, Applicant v. Superior Propane Inc. and ICG Propane, a division of Superior Propane Inc., Responding Parties.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; October 4, 2001
1By decision dated August 23, 2001, the Board made certain orders further to the terms of a settlement between the parties in respect of this application made pursuant to sections 69 and 1(4) of the Labour Relations Act, 1995.
2Further to the Board’s decision, a vote was conducted on August 30, 2001, to determine if the “Thunder Bay employees” of the responding party (i.e. employees working at or out of Thunder Bay) desired to be represented or continue to be represented by the applicant as their exclusive bargaining agent.
3On the taking of the vote, not more than fifty per cent of the ballots cast by the affected employees were cast in favour of the applicant.
4Accordingly, and further to the parties’ settlement, the Board declares that the International Union of Operating Engineers Local 793 is not the exclusive bargaining agent for the Thunder Bay employees in their relations with the responding party, and the collective agreement between ICG and the applicant has no application to those employees.
5The Registrar will destroy the ballots cast in the vote 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 the thirty-day period.
6This application is hereby terminated as being fully and finally resolved pursuant to the parties’ settlement agreement.
7The responding party is directed to post copies of this decision immediately, at the location(s) where the “Notice of Vote and of Hearing” was previously posted. These copies shall remain posted for seven days.
“Anthony Brown”
for the Board