Labourers’ International Union of North America, Local 527 v. Construction Longer Inc.
2269-01-R Labourers’ International Union of North America, Local 527, Applicant v. Construction Longer Inc., Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; November 20, 2001
1This is an application for certification filed pursuant to the construction industry provisions of the Labour Relations Act, 1995 (the “Act”). The application was filed on November 13, 2001.
2In its decision dated November 19, 2001, the Board directed a representation vote to take place on November 21, 2001. The Board is now in receipt of correspondence from counsel for the applicant dated November 19, 2001. In the correspondence, the applicant makes a number of generalized allegations to the effect that the responding party has violated the Act by threatening, intimidating and coercing its employees. The applicant advises that it will be filing an application under section 96 of the Act. The applicant does not set out the relief it will be seeking in the section 96 application but does request that the Board seal the ballot box pending the final determination of the section 96 application.
3The Board is not prepared to seal the ballot box at this time based upon the unsubstantiated and largely unparticularized assertions contained in the November 19, 2001 correspondence. The Board notes that the applicant has not set out the relief it will be seeking should it file a section 96 application and what usefulness the sealing of the ballot box would have in relation to the relief sought.
4The applicant’s request to seal the ballot box is hereby denied.
5This panel of the Board is not seized.
“John Morgan Lewis”
for the Board