The CAW filed displacement applications for bargaining units at three hospitals currently represented by SEIU.
SEIU objected that the applications were untimely under section 7(4) of the Labour Relations Act, arguing the collective agreements were for a term of less than three years because their effective date was determined by the date of an interest arbitration award under the Hospital Labour Disputes Arbitration Act (HLDAA).
The Board dismissed the objection, finding that the parties had agreed to a six-year term, which prevailed over the default terms in HLDAA.
Therefore, section 7(5) of the Act applied, and the applications were timely.