Ontario Labour Relations Board
Keenan Hennessey, Applicant v. Carpenters’ District Council of Ontario of the United Brotherhood of Carpenters and Joiners of America, Responding Party.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 7, 2001
Decision
1This is an application by Keenan Hennessey to terminate the bargaining rights of the responding party, Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America pursuant to section 63 of the Labour Relations Act, 1995, S. O. 1995 ch. 1 ("the Act"). He states that he is also the only employee in the bargaining unit.
2The responding party asserts that Mr. Hennessey is “the employer”, or at least someone who had the authority to execute a collective agreement on behalf of the employer, and is therefore not an employee in the bargaining unit.
3Mr. Hennessy has filed a Confirmation of Posting, listing himself as President of the employer. By letter dated May 2, 2001 he also advises of the address of the employer. The employer is described in that letter and all other pleadings as “Muskrat Carpentry”. The Board concludes that it is a sole proprietorship. The May 2, 2001 letter also states that “Mr. Hennessey is the Employer and the sole employee of Muskrat Carpentry”.
4The Board directs the applicant’s attention to sections 1(3)(b), 63(13), and 70 of the Act. The Board directs the applicant to provide its submissions to the Board as to why the Board ought not to dismiss this application without holding a representation vote or holding a hearing. These submissions are to be filed with the Board no later than 5:00 p.m. on Wednesday, May 16, 2001.
5We are seized of this application.
“David A. McKee”
for the Board