[1998] OLRB REP. NOVEMBER/DECEMBER 965
3149-98-R Service Employees International Union Local 220, Applicant v. Grandwood Park Retirement Residence, Responding Party
BEFORE: Russell G. Goodfellow, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson
DECISION OF RUSSELL G. GOODFELLOW, VICE-CHAIR AND BOARD MEMBER D. A. PATTERSON; December 16, 1998
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995.
3It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
4The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Grandwood Park Retirement Residence, save and except Registered Nurses, Office & Clerical Staff, Supervisors and persons above the rank of Supervisors.
5The vote will be held on December 18, 1998. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on December 11, 1998, the certification application filing date, are eligible to vote. Employees having an employment relationship on December 11, 1998, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
7The employer has given notice under section 8.1 of the Act. However, it has not provided its "estimate of the number of individuals in [its proposed] bargaining unit" as required by section 8.1(2) of the Act; nor do the number of employees listed on the schedules attached to the response appear to suggest that the 8.1 notice is numerically relevant. On that basis, the Board is not prepared to treat the response as raising a valid 8.1 notice.
8However, there is clearly a disagreement between the parties as to the description of an appropriate bargaining unit. The employer seeks a municipal-wide unit which would include employees working at Trafalgar Terrace Retirement Residence. There may also be a dispute between the parties as to whether the Retirement Director, Recreation Director and students should be included in the bargaining unit. In the event that any employee affected by any of these disagreements wishes to vote, they shall be entitled to do so but their ballots shall be segregated and not counted until the Board orders or the parties agree.
9Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
10The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
11Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken.
12The matter is referred to the Registrar.
DECISION OF BOARD MEMBER, J. A. RONSON, December 16, 1998
- I think that the employer has provided the information necessary to invoke section 8.1 of the Act. I would hold the vote, seal the box and set a hearing date for the issues remaining to be decided.