1867-01-R Teamsters Local Union No. 419, Applicant v. Canadian Business Machines Ltd., Responding Party v. The Employees Association of Canadian Business Machines Ltd., Intervenor.
BEFORE: Anthony Brown, Vice‑Chair.
DECISION OF THE BOARD; November 6, 2001
No statement of desire to make representations has been filed with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the taking of the representation vote pursuant to the Board's direction of October 15, 2001.
On the taking of the representation vote directed by the Board, not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
The application is therefore dismissed.
The Board directs the parties’ and the employees’ attention to section 10(3) of the Labour Relations Act, 1995. Should an application for certification be filed within one year of the date of this decision, the effect, if any, of this decision and section 10(3) of the Act on that subsequent application may be determined, if necessary, at that time.
The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30-day period.
Meeting and hearing dates set previously are hereby cancelled.
The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted for seven days.
“Anthony Brown”
for the Board