3130-00-R Service Employees International Union Local 528, Applicant v. Service Employees International Union Local 204, Responding Party Trade Union v. The Ontario Jockey Club, Responding Party Employer.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; April 27, 2001
This is an application under section 68 of the Labour Relations Act, 1995 (“the Act”) for a declaration that the applicant has acquired the rights, privileges and duties of its predecessor Service Employees International Union Local 204, by reason of a merger, amalgamation or a transfer of jurisdiction.
This application has been the subject of three previous Board decisions dated February 16, March 15 and March 23, 2001.
The representation votes ordered pursuant to the Board’s decision of March 15, 2001 took place on March 30, 2001. The vast majority of the ballots cast in each of those votes were in support of the applicant. As of the date hereof, no statement of objection or opposition has been filed.
With one exception, the applicant has established all the requirements for a declaration. It has recently come to the Board’s attention, however, that the Board has not previously found the applicant to be a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995, as amended. The materials filed by the applicant do not assist in the determination of the applicant’s status.
Before the Board makes a final determination in this matter, the applicant is directed to file and deliver materials in support of its claims that it is a trade union. It is directed to do so on or before Friday, May 11, 2001. Following receipt of the applicant’s materials we will consider the application further.
We are seized.
“Patrick Kelly”
for the Board