2605-00-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Central Park Lodges of Canada Ltd. operating as Versa Care Lodge, Ottawa (Part Time Unit), Responding Party v. Service Employees International Union, Local 183, Intervenor.
BEFORE: Caroline Rowan, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; December 5, 2000
1This is a displacement 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").
3The employees are currently represented by the intervenor.
4The responding party, although duly served with the application material on November 30, 2000, according to the certificate of delivery filed by the applicant, failed to file its response with the Board within the time stipulated by Rule 69 of the Board's Rules of Procedure.
5It 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. Further, this application appears to be timely.
6The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees at Central Park Lodges, Operating as Versa Care Lodge, Ottawa in the City of Ottawa regularly employed for not more than twenty-two and one half (22 ½) hours per week, save and except registered nurses, supervisors, persons above the rank of supervisor and students employed during the school vacation period.
7The vote will be held on December 7, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
8All individuals who had an employment relationship with the responding party in the voting constituency on November 30, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on November 30, 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.
9There is a dispute between the parties as to whether or not the positions of Graduate Pharmacists, Undergraduate Pharmacists, Graduate Dieticians, Student Dieticians, Technical Personnel, foremen and persons above the rank of foreman should be included in the bargaining unit. If any individual holding such a position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
10Voters will be asked to indicate whether they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
11The 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.
12Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, 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).
13The matter is referred to the Registrar.
"Caroline Rowan"
for the Board