The CAW filed displacement applications for full-time and part-time bargaining units at St. Joseph's General Hospital.
The incumbent union, SEIU Local 204, objected that the applications were untimely under section 7(4) of the Labour Relations Act, arguing the collective agreements commenced on the date of an interest arbitration award and were for a term of less than three years.
The CAW argued the agreements were for a six-year term by agreement of the parties, making the applications timely under section 7(5).
The Board found that the parties had agreed to a six-year term expiring in October 2001, which prevailed over the statutory default terms in the Hospital Labour Dispute Arbitration Act.
The timeliness objection was dismissed and the ballots were ordered to be counted.
