The Employees of the Village of Riverside Glen v. United Food and Commercial Workers Union Local 175
File No.: 2006-01-R Date: October 24, 2001
Applicant: The Employees of the Village of Riverside Glen Responding Party: United Food and Commercial Workers Union Local 175
Before: Patrick Kelly, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
Decision of the Board
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the "Act") for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2The responding party ("the union") contends that the application is untimely pursuant to section 67(1)(a) of the Act and pursuant to a combination of section 12(1) of the Hospital Labour Disputes Arbitration Act, R.S.O. 1990, c. H-14 ("HLDAA") and section 63(2) of the Act.
3If, as contended by the union, the application is untimely, it must be dismissed. Accordingly, before giving further consideration to this matter, the Board directs the applicant and the employer to file and deliver written submissions concerning the union's contention regarding the timeliness of the application, and to do so no later than 5:00 p.m. on Friday, October 26, 2001.
4The Board will give further consideration to this application following the deadline for the receipt of submissions as herein directed.
"Patrick Kelly"
for the Board