1634-01-R Employees Essroc Italcementi Group, Terry Munro, Applicant v. Teamsters Local 91, Responding Party v. Essroc Canada Inc., Intervenor.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; September 18, 2001
1This is an Application for Termination of Bargaining Rights under Section 63 or 132 of the Labour Relations Act, 1995 (the “Act”), Construction Industry.
2The application appears to be timely. The applicant states the most recent collective agreement expires December 6, 2001.
3The Act and the Board’s Rules of Procedure set out the requirements with respect to the documentary evidence that is required in order for the Board to consider this application.
Section 63(4) of the Act and Rule 138 provide as follows:
(4) The application filed with the Board shall be accompanied by a list of the names of the employees in the bargaining unit who have expressed a wish not to be represented by the trade union and evidence of the wishes of those employees, but the applicant shall not give this information to the employer or trade union.
Evidence that employees do not wish to be represented by a trade union will not be considered by the Board unless the evidence is in writing and signed by each employee concerned. The evidence must also accompany the application and disclose the date upon which each signature was obtained.
4Paragraph 10 of the application for termination of bargaining rights (Form A-77) indicates that the “documentary evidence from employees” accompanying the application represents 40% or more of the employees in the bargaining unit on the application date. Paragraph 11 of Form A-77 with respect to other relevant statements states: “SEE ATTACHED LETTERS”.
5The attached letters were sent together with what appears to be an incomplete Application under Section 96 of the Act (Form A-35). Only one of those letters is addressed to the Registrar of the Board.
6There is no documentary evidence before the Board that indicates that employees “do not wish to be represented by Local 91”. The lists of signatures attached to the incomplete section 96 complaint do not make any reference to the employees’ desire to terminate bargaining rights nor do they disclose the date when each signature was signed.
7In the circumstances this application for termination of bargaining rights is dismissed for failure to comply with section 63(4) of the Act and Rule 138 of the Board’s Rules of Procedure.
8The Registrar is directed to return the incomplete section 96 application to the applicant.
“Inge M. Stamp”
for the Board