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Ontario Labour Relations Board
**2656-01-R** Russell Sheppard and other VR Furniture Employees, Applicant v. United Steelworkers of Americals (Local 4970), Responding Party v. VR Furniture Inc., Intervenor.
**BEFORE:** Christopher J. Albertyn, Vice-Chair, and Board Members J. A. Rundle and D. A. Patterson.
**DECISION OF THE BOARD;** December 20, 2001
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[1] This is an application to terminate bargaining rights filed under section 63(2) of the *Labour Relations Act, 1995*, S.O. 1995, c. 1, as amended ("the Act").
[2] The responding trade union (“the union”) contends the application is untimely. The intervening employer (“the employer”) has reserved the right to comment upon the timeliness of the application, but has not done so.
[3] The union and the employer concluded a collective agreement for the period March 1, 2001 to February 28, 2002. Ostensibly the application would appear to be timely because the application is made within 90 days of February 28, 2002. However, according to the union, the agreement was concluded on August 31, 2001, after being ratified by the bargaining unit members on June 21, 2001. The union contends there are no retroactive provisions. In its submission, the term of operation of the agreement is until no earlier than June 2002. If that is so, then, under the provisions of section 58(1) of the Act, the application is untimely.
[4] The union relies upon the Board’s decision in *Bennett Chevrolet Geo Oldsmobile Cadillac Ltd.* [1999] ORLB Rep. Sept./Oct. 781.
[5] The applicants and the employer are afforded an opportunity to make submissions on the union’s objection to the application on the basis that it is untimely. Any submissions are to be received by the Board (with a copy to the other parties) by 12 noon on Monday, December 24, 2001.
[6] We are seized to deal with the submissions.
“Christopher J. Albertyn”
for the Board
minicounsel