0149-01-R Canadian Union of Public Employees, Applicant v. Ryerson Polytechnic University, Responding Party.
BEFORE: Patrick Kelly, Vice-Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; April 25, 2001
1This is a request for reconsideration of a decision of April 19, 2001 of the Board wherein it considered the membership evidence and information transferred – on the request of the trade union - from Board File No. 0048-01-R, an earlier application for certification (filed on April 4, 2001) that had been withdrawn with leave of a differently constituted panel of the Board. The applicant contends that the application for certification in this matter was not “accompanied” by the information and membership evidence from the earlier application for certification, and that, therefore, the Board could not have found the appearance of forty percent support.
2The Board has a long-standing and well-known practice of permitting the transfer of membership evidence and information from one Board file to another in certification applications where the trade union so requests and it is not otherwise inappropriate to do so. In its withdrawal request in the earlier certification application, the trade union requested that the membership cards filed in that matter be maintained by the Board for the purpose of a future application. It reiterated that request upon filing the application for certification in this matter, asking that the membership cards be transferred from Board File No. 0048-01-R to this file. Following the Board’s decision of April 19, 2001 granting the trade union’s request to withdraw the earlier application without any conditions, the membership evidence and information filed in connection with that withdrawn application was transferred to this file. In our view, that membership evidence and information accompanied the application in this matter.
3We decline to reconsider our decision of April 19, 2001.
“Patrick Kelly”
for the Board