1320-00-R Service Employees International Union, Local 204 Affiliated with the S.E.I.U., A.F. of L., C.I.O., C.L.C., Applicant v. Haliburton Highland Health Services Corporation, Responding Party.
BEFORE: Brian McLean, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; August 8, 2000
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 (the "Act").
3Having regard to the agreement of the parties, the Board further finds that:
all personal support workers employed by Haliburton Highland Health Services Corporation in its Haliburton Highlands Supportive Housing Services, save and except supervisors and persons above the rank of supervisor,
constitute a unit of employees of the responding party appropriate for collective bargaining.
4It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), 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.
5Having regard to the agreement of the parties as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all personal support workers employed by Haliburton Highland Health Services Corporation in its Haliburton Highlands Supportive Housing Services, save and except supervisors and persons above the rank of supervisor.
6The vote will be held on August 10, 2000. Other vote arrangements will be as directed by the Registrar and set out on the attached Notice of Vote and of Hearing.
7All individuals who had an employment relationship with the responding party in the voting constituency on August 2, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on August 2, 2000, 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.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
9The Canadian Union of Public Employees (Locals 2787, 2787-1 and 2787-3) seeks to intervene in this application. It asserts that it has the right to represent the employees affected by this application. To this end, it has filed an application under section 69 of the Act as Board File No. 1006-00-R. CUPE agrees that the representation vote should proceed but that the ballot box should be sealed following the representation vote pending the Board's decision in its sale of business application. Accordingly, the applicant and the responding party are directed to file submissions regarding CUPE's position with the Board, and serve those submissions on the other parties, no later than Wednesday, August 9, 2000 at 12:00 noon.
10The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to 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, other than status disputes, 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. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
12The matter is referred to the Registrar.
"Brian McLean"
for the Board