1747-01-R Woollatt Employees, Applicant v. Labourers’ International Union of North America, Local 1059, Responding Party.
BEFORE: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; September 25, 2001
This applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (“the Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
The evidence that is essential to have accompany such an application in accordance with Rule 70 is “any evidence relating to the application that employees do not wish to be represented by the trade union”. In this regard Rule 72 states: “Evidence that employees do not wish to be represented by a trade union will not be considered by the Board unless the evidence is in writing and signed by each employee concerned. The evidence must also accompany the application and disclose the date upon which each signature was obtained”.
No such evidence accompanies this application. The Board therefore cannot be satisfied that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
In the circumstances this application is therefore dismissed.
“Timothy W. Sargeant”
for the Board