Ontario Labour Relations Board
0298-01-R International Brotherhood of electrical Workers, Local 636, Applicant v. Westario Power Services Inc., Westario Power Inc., Westario Power Holdings Inc., Responding Parties v. Canadian Union of Public Employees and its Local 255, Intervenor.
BEFORE: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD; April 30, 2001
This is an application for certification under the Labour Relations Act, 1995 (the “Act”). The responding party disputes the bargaining unit description proposed in the application and claims that a larger bargaining unit would be more appropriate. The intervenor objects to the Board proceeding with the application as it is untimely. The intervenor claims that the applicant filed an application seeking an order of the Board under the Public Sector Labour Relations Transition Act (PSLRTA) on April 3, 2001. It asserts that this application is therefore untimely under section 28(2) of the PSLRTA and it should be dismissed. In the alternative, the intervenor claims that this application should be deferred until the Board has determined an application it has filed under sections 69 and 1(4) of the Labour Relations Act, 1995 (the “Act”) relating to these parties.
Section 28(2) of the PSLRTA provides as follows:
(2) During the period beginning 10 days after the order is requested and ending when the order is made, no person may apply for certification of a bargaining agent to represent employees of the successor employer who are not members of a bargaining unit when the order is requested.
This application was filed on April 25. It would therefore appear to be untimely under section 28(2) of the PSLRTA. The applicant is directed to file submissions with respect to the intervenor’s claim that this application is untimely as well as the other matters raised by the parties on or before 5:00 p.m. on May 1, 2001.
The Board will decide after reviewing the applicant’s submissions whether to order a vote in this application or whether it should be dismissed or deferred.
“Laura Trachuk”
for the Board