1108-01-R International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 759, Applicant v. Kamyr Construction, a Division of Kamyr Enterprises Inc. c.o.b. as KCI Construction, Responding Party.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; July 30, 2001
1This is an application for certification under the construction industry provisions of the Labour Relations Act, 1995, S. O. 1995, c. 1, as amended in which the Board (differently constituted), by decision dated July 19, 2001 directed the taking of a representation vote. The vote was scheduled to take place on July 23, 2001. Counsel for the applicant, by letter to the Board dated July 20, 2001 requested leave of the Board to withdraw this application and that the vote be cancelled as the parties had entered into a voluntary recognition agreement. The Chair of the Board authorized me under section 110(14)(a) of the Act to sit alone to hear and determine this matter.
2The Board’s Manager of Field Services advised the parties by letter dated July 20th that in view of the parties’ agreement, the vote was being cancelled and the scheduled hearing in this matter would not proceed.
3Section 7(8) of the Act provides that an application for certification may be withdrawn by the applicant upon such conditions as the Board may determine. Section 7(9) of the Act (which applies where an application is withdrawn before a vote) provides:
Subject to subsection (9.1) if the trade union withdraws the application before a representation vote is taken, the Board may refuse to consider another application for certification by the trade union as the bargaining agent of the employees in the proposed bargaining unit until one year or such shorter period as the Board considers appropriate has elapsed after the application is withdrawn.
4This application for certification is withdrawn with leave of the Board at the request of the applicant.
“Harry Freedman”
for the Board