International Brotherhood of Electrical Workers, Construction Council of Ontario v. Vipond Fire Protection Inc.
File No.: 1728-01-R Date: September 26, 2001
Applicant: International Brotherhood of Electrical Workers, Construction Council of Ontario Responding Party: Vipond Fire Protection Inc.
Before: Marilyn Silverman, Vice-Chair
DECISION OF THE BOARD
1This is an application for certification. A vote is scheduled for Friday, September 28, 2001. Counsel for the employer requests that the vote be delayed until Monday, October 1, 2001. The reason for this request is that the union has advised counsel for the employer that it will relay its objections to the employer’s list on September 27, 2001. Counsel for the employer advises that she will be unable to deal with this matter on that date as a result of the fact that she will be unavailable to her client by reason of her absence for the religious holiday of Yom Kippur. Counsel also refers to the fact that there are numerous polls in this vote.
2The Board will not delay the holding of the representation vote in these circumstances. In this case, there is no prejudice to the employer in not being able to deal with the voters list on the day before the vote. In this regard, the Board refers the parties to paragraph 9 of the decision ordering the vote with each of the ballots cast being individually sealed and segregated.
3In the event that no one from counsel’s office can address this issue on Thursday, September 27, 2001, any objections and challenges or other matters arising from the list can be dealt with at the vote or following.
4However, in view of these circumstances, if employer counsel is unable to arrange to have other counsel deal with this matter, the employer is relieved of its obligation contained in paragraph 1(c) of its response (Form A-72) to have a contact person available on September 27, 2001.
"Marilyn Silverman"
for the Board