3740-00-R Canadian Union of Public Employees and its Local 255, Applicant v. Westario Power Services Inc. and the International Brotherhood of Electrical Workers, Local 636, Responding Parties.
BEFORE: Stephen Raymond, Vice‑Chair.
DECISION OF THE BOARD; June 27, 2001
This is an application under section 69 and 1(4) of the Labour Relations Act, 1995 (the “Act”).
In a Board decision dated May 3, 2001, the Board stated the following:
Having regard to the agreement of the parties, the Board hereby:
(a) declares that Westario Power Services Inc., Westario Power Services Inc., and Westario Power Holdings Inc. are associated or related businesses or activities under common direction and control within the meaning of section 1(4) of the Act and constitute one employer (hereinafter the “employer”) for the purposes of the Act;
(b) declares that the employer is a successor employer within the meaning of section 69 of the Act and that there has been an intermingling of employees within the meaning of section 69(6) of the Act;
(c) directs that a representation vote be held on May 8, 2001.
The Board notes that the parties have agreed on the voting constituency as set out in paragraph 3 of their settlement reproduced above. The parties have also agreed on the list of eligible voters (subject to one exception). Voters will be asked whether they wish to be represented by IBEW Local 636 or CUPE Local 255 in their employment relations with the employer.
On the taking of the representation vote a majority of votes were cast in favour of Canadian Union of Public Employees, Local 255.
The Board hereby declares that Canadian Union of Public Employees, Local 255 represents the employees in the aforementioned bargaining unit.
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 employer 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 until the date that had been set for the hearing.
“Stephen Raymond”
for the Board