Parties and File
3871-99-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. 1230839 Ontario Limited o/a Brouillette Manor, Responding Party v. Service Employees International Union, Local 210, Intervenor.
BEFORE: Brian McLean, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; June 12, 2000
Decision
1This is a displacement application for certification.
2The style of cause is hereby amended to reflect the correct name of the responding party: “1230839 Ontario Limited o/a Brouillette Manor”.
3A representation vote has been held pursuant to an Order of the Board. Following the taking of the representation vote, the ballots have been counted and the parties have filed submissions regarding the issues which remain in dispute.
4The intervenor (“SEIU”) takes the position that the disposition of this matter should be delayed pending the outcome of certain proceedings which have occurred or will occur under the Canadian Labour Congress Constitution and before the Courts. The Board has considered these arguments in several decisions involving the SEIU and the applicant and has rejected them. The Board agrees with and adopts the reasoning in those decisions.
5The SEIU also asserts that this application should be dismissed because the certificate of delivery which the applicant filed in this application is inaccurate. However, the SEIU relies only on the fact that the certificate of delivery filed by the applicant was inaccurate in other cases and asks the Board to draw the conclusion that the certificate filed in this case is also inaccurate. The Board is unable to do so.
6Having regard to the agreement of the parties, the Board further finds that:
all employees of 1230839 Ontario Limited o/a Brouillette Manor, save and except supervisors, persons above the rank of supervisor and registered nurses,
constitute a unit of employees of the responding party appropriate for collective bargaining.
7On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
8A certificate will issue to the applicant.
9The 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.
10Meeting and hearing dates set previously are hereby cancelled.
11The responding party 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.
“Brian McLean”
for the Board