Ontario Labour Relations Board
File No.: 3039-99-R Universal Workers Union, L.I.U.N.A. Local 183, Applicant v. Cougs Investments c.o.b. as Coughlan Homes, Responding Party.
BEFORE: Harry Freedman, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; April 11, 2001
This matter was scheduled for hearing before the Board on April 3 and 4, 2001 to deal with the challenges to the list of employees who were eligible to vote. The parties with the assistance of Board Members Pickell and Haward and through the efforts of a Labour Relations Officer reached a resolution of the issues in dispute and agreed to the voters’ list and counting of the ballots.
No statement of desire to make representations has been filed with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the counting of the ballots cast in the representation vote conducted pursuant to the Board's direction of January 17, 2000.
On the taking of the representation vote directed by the Board, not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
The application is therefore dismissed.
The attention of the parties and the employees is directed to the provisions of the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended (the “Act”) and more particularly to section 10(3) of the Act, as any future application for certification may be affected by it.
The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
The responding party is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Meeting" posted previously. These copies must remain posted for a period of 30 days.
“Harry Freedman”
for the Board