3776-00-R Communications, Energy and Paperworkers Union of Canada, Applicant v. Comcare (Canada) Limited, Responding Party.
0071-01-U Comcare (Canada) Limited, Applicant v. Communications, Energy and Paperworkers Union of Canada, Responding Party.
BEFORE: Bram Herlich, Vice-Chair.
DECISION OF THE BOARD: May 17, 2001
Board File No. 3776-00-R is an application for certification. A representation vote was held on March 28, 2001. The responding party employer wishes the Board to hold a hearing to inquire into certain allegations of impugned union conduct on the day of the vote.
The union asserts that the employer’s claim is frivolous and vexatious and has no basis in fact or law. It requests that a certificate be issued immediately and without the need for a hearing.
The same allegations at the heart of the employer’s request for a hearing in the certification application form the basis of a section 96 application filed by the employer.
The union asserts that the application fails to disclose a prima facie case and ought to be dismissed without a hearing.
The employer is hereby directed to file with the Board and deliver to the union, not later than one week from the date of this decision, any submissions it wishes to make in response to the union’s request.
Once those submissions are received, the Board will review this matter to determine whether a hearing is required in the certification application and whether the section 96 application makes out a prima facie case.
“Bram Herlich”
for the Board