Canadian Union of Operating Engineers and General Workers (CUOE) v. AD Fire Protection Systems Inc.
File No.: 3806-00-R Date: April 26, 2001 Before: Patrick Kelly, Vice-Chair, and Board Members J.A. Ronson and H. Peacock
Decision of the Board
1No statement of desire to make representations has been filed with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the taking of the representation vote pursuant to the Board's direction of March 29, 2001.
2On the taking of the representation vote directed by the Board, not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
3Following the representation vote and the counting of the ballots, the applicant sought to withdraw the application.
4The application is therefore withdrawn with leave of the Board.
5The attention of the parties and the employees is directed to the provisions of the Labour Relations Act, 1995, as amended (the "Act") and more particularly to section 7(10), as it may relate to any future application for certification.
6The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
7Meeting and hearing dates set previously are hereby cancelled.
8The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
"Patrick Kelly"
for the Board