3658-00-R Brick and Allied Craft Union of Canada, Local 31 (formerly known as International Union of Brick & Tile Craft Union, local 31), Applicant v. D’Amario Tile Ltd., Responding Party.
0140-01-U Brick and Allied Craft Union of Canada, Local 31, Applicant v. D’Amario Tile Ltd., Responding Party.
BEFORE: D. L. Gee, Vice-Chair, and Board Members J. G. Knight and George McMenemy.
DECISION OF THE BOARD; December 11, 2001
1Board File No. 3658-00-R is an application for certification under the construction industry provisions of the Labour Relations Act, 1995 (the “Act”) in which the Board, by decision dated March 15, 2001, directed the taking of a representation vote. The vote was held on March 19, 2001. Board File No. 0140-01-U is an application under section 96 of the Act.
2Pursuant to Minutes of Settlement entered into by the parties dated November 28, 2001, the applicant sought leave of the Board to withdraw both applications. By decision dated November 30, 2001, both applications were withdrawn with leave of the Board.
3By way of correspondence dated December 5, 2001, counsel for D’Amario Tile Ltd. requests that the Board clarify its November 30, 2001 decision by indicating that, pursuant to section 7(10) of the Act, the statutory bar is in effect.
4Having regard to the request of D’Amario Tile Ltd. the Board’s November 30, 2001 decision is hereby amended to add the following paragraph that routinely appears in a Board decision granting a trade union leave to withdraw a certification application following the taking of a representation vote:
The Board directs the parties’ and the employees’ attention to section 7(10) of the Act. Should an application for certification be filed within one year of the date of this decision, the effect, if any, of this decision and section 7(10) of the Act on that subsequent application may be determined, if necessary, at that time.
5The 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.
“D. L. Gee”
for the Board