3849-00-R Peter Yawney, Applicant v. International Brotherhood of Electrical Workers, Construction Council of Ontario, Responding Party v. Allco Electrical Ltd., Intervenor.
3481-00-U International Brotherhood of Electrical Workers, Construction Council of Ontario, Applicant v. Allco Electrical Ltd., Responding Party.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; May 9, 2001
1This decision deals with two applications. The first is an application by Peter Yawney for the termination of bargaining rights held by the responding party in Board File No. 3849-00-R (“IBEW”) in respect of employees of Allco Electric Ltd. (“Allco”) made pursuant to the Labour Relations Act, 1995, S.O. 1995 ch. 1 (the "Act"). The second is an application by the IBEW alleging a violation of sections 70, 72 and 76 by Allco, Mr. Yawney’s employer.
2The IBEW has raised certain arguments that the termination application should be dismissed for various reasons. These can be dealt with at the beginning of the first day set for hearing in both these matters, if the applicant still wishes to pursue them. Given the distance parties will have to travel for the commencement of the hearing, it is not appropriate to set a separate day for these arguments.
3The Registrar is directed to set both these applications for hearing on two consecutive days. The issue of whether or not Dan Burns, Ryan Stewart, Ron Kelly and Peter Dergunc were terminated unlawfully and should have been employed on March 28, 2001 is one and the same as the voters’ list issue in the termination application.
4I am not seized of these applications.
“David A. McKee”
for the Board