Ontario Labour Relations Board
Between:
Jerry Pepin, on his own behalf and on behalf of a group of employees of J.C. Sulpher Construction Ltd., Applicant
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United Brotherhood of Carpenters and Joiners of America, Local 93 and The Carpenters’ District Council of Ontario, Responding Party
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J.C. Sulpher Construction Ltd., Intervenor.
Before: Laura Trachuk, Vice-Chair, and Board Members G. Pickell and A. Haward.
Decision of the Board; July 4, 2001
Decision
This is an application for termination of bargaining rights in the construction industry. A vote was held on May 9, 2001. The applicant is the only employee alleged to have been performing work in the bargaining unit on that date. The responding party disputes that the applicant was performing work in the bargaining unit on that date. The responding party also asks that the application be dismissed pursuant to section 63(16) of the Labour Relations Act, 1995 (the “Act”). The applicant and intervenor claim that the responding party has not alleged facts which could support either of its objections and asks that the application be granted and the responding party’s bargaining rights terminated without a hearing. After reviewing the materials filed, the Board does not consider it appropriate to dismiss this application without a hearing. The application will therefore be forwarded to the Registrar for scheduling.
"Laura Trachuk"
for the Board