0584-01-R Jason Craig and S.E.S. Group of the Coca-Cola Bottling Plant Cobourg, Applicant v. United Food & Commercial Workers Union, Local 175, Responding Party v. Coca-Cola Bottling Company, Intervenor.
BEFORE: Timothy W Sargeant, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; June 4, 2001
1. This is an application brought pursuant to section 63 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended (the “Act”).
2. The responding party in its response took the position that this application is untimely. In its decision dated May 23, 2001 the Board held that the application “would therefore appear to be timely”. The date of certification was May 17, 2000 and the application was filed May 17, 2001.
3. In a letter dated May 28, 2001 counsel for the responding party takes issue with this determination and submits based on a filing date of May 17, 2001 this application is still untimely. Counsel submits that “one (1) year from the date of certification is not completed until the end of business on May 17, 2001 and therefore, the application is untimely”.
4. In her letter counsel notes that the decertification application hearing is scheduled for June 18, 2001 and “the Respondent Union requests that the parties be permitted to make full submissions on the issue of timeliness at that time”.
5. This issue is left to the panel hearing this matter on June 18, 2001 to make any determination it deems appropriate.
6. This panel does not remain seized.
“Timothy W. Sargeant”
for the Board