0341-01-R Tony Monaco, Applicant v. The International Brotherhood of Electrical Workers and The IBEW Constructions Council of Ontario and affiliated IBEW Local Union 353, Responding Party v. Midtown Enterprises Limited, Intervenor.
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; May 7, 2001
The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995, S.O. 1995, c.1 ('the Act') for a declaration that the responding party no longer represents employees in the bargaining unit for which it is the bargaining agent.
This responding party claims that this application is untimely. It states that an application to terminate the bargaining rights of the employees in this bargaining unit is proceeding in Board File # 0174-01-R (the “earlier Board file”). A vote has been held in that file in which all the ballots have been segregated and the ballot box sealed. Accordingly, the responding party requests that the instant application be dismissed or alternatively not processed until the disposition of the earlier Board file.
In its application, the applicant states that this application is brought out of “an abundance of caution” and without prejudice to the earlier Board file. The reason asserted for filing the instant application is that there are allegations in the earlier Board file in respect of a failure of the applicant to deliver the application to one of the responding parties. The applicant asserts that these allegations may result in the termination of the earlier Board file and so it brings this application.
Having regard to these circumstances, the Board will not order the holding of a representation vote at this time. Both the applicant and the intervenor shall have until Wednesday, May 9, 2001, to file submissions as to why this matter should not be deferred as the responding party suggests pending the disposition of the earlier Board file. The responding party is not required to respond to those submissions unless requested to do so by the Board.
I am not seized.
“Marilyn Silverman”
for the Board