Ontario Labour Relations Board
File No.: 1092-01-R Date: August 3, 2001
Between: Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Thermo Design Insulation Ltd., Responding Party.
Before: Mary Ellen Cummings, Alternate Chair.
Decision of the Board
1This is an application for certification in the construction industry. A representation vote has been held, but the ballots have not been counted.
2By letter dated July 26, 2001, counsel for the applicant requested leave to withdraw the application on the basis that the parties have entered into a collective agreement. In his request, counsel relied on a 1963 decision of the Board, and an old practice note.
3Of more significance today is the wording of the Labour Relations Act. Section 7(10) provides:
- (10) If the trade union withdraws the application after the representation vote is taken, the Board shall not consider another application for certification by any trade union as the bargaining agent of any employee that was in the bargaining unit proposed in the original application until one year after the original application is withdrawn.
4While it is not necessary at this point to determine the effect of this provision on future applications for certification, it is worth noting its existence.
5This application is withdrawn with leave of the Board.
6The Registrar is directed to destroy the ballots cast in the representation vote within 30 days of the date of this decision unless a statement requesting that the ballots not be destroyed is received by the Board within that period.
7The responding party is directed to post this decision alongside the previous Board directed postings.
“Mary Ellen Cummings”
for the Board