Ontario Labour Relations Board
0365-01-R Lino Domanico (Carmelino), Applicant v. The IBEW Construction Council of Ontario IBEW Local 353, 105, 115, 120, 303, 402, 530, 586, 773, 804, 894, 1687 and 1739, Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; May 11, 2001
1. This is an application for termination of bargaining rights in the construction industry. The application was received by the Board on April 30, 2001. The applicant has not filed a Certificate of Delivery (Form A-81) with the application.
2. The applicant has filed an identical application in Board File No. 3768-00-R in which the Board (differently constituted) directed the holding of a representation vote. The vote was held on May 3, 2001.
3. Rule 139 of the Board’s Rules of Procedure requires an applicant to deliver its application (and the other required materials) to the union not later than two days after the application is filed with the Board.
4. The Board is unable to process this application. If no Certificate of Delivery is received within five (5) days of the date of this decision this matter will be deemed terminated. If the Certificate of Delivery is received, the parties shall have two further days to provide their submissions in respect of how this application should proceed in light of the proceeding in Board File No. 3768-00-R.
“Marilyn Silverman”
for the Board