3569-99-R National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. Provincial Nursing Home Limited Partnership c.o.b. as Seaforth Manor Nursing Home, 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; May 26, 2000
This is a displacement application for certification.
The style of cause is hereby amended to reflect the correct name of the responding party: “Provincial Nursing Home Limited Partnership c.o.b. as Seaforth Manor Nursing Home”.
The intervenor (“SEIU”) has filed submissions with the Board asserting that the application should be dismissed or delayed pending the outcome of certain proceedings before the Canadian Labour Congress and the Superior Court (Court File No. 00-CV-18540). The Board (differently constituted) has dealt with the issues raised by the SEIU in a number of cases, in each case deciding that the objections raised by the SEIU ought not to delay the issuance of a certificate. This panel of the Board agrees with these decisions and so holds here.
The SEIU also asserts that the applicant has failed to comply with the Board’s Rules of Procedure and therefore the application should be dismissed. The applicant’s alleged non-compliance was that the intervenor was not served with a copy of a blank intervention in an application for certification (Form A-3). While we disagree with the applicant’s assertion that the Board dealt with this issue in its decision dated March 10, 2000, we are also concerned about the apparent lapse in the certificate of delivery which the applicant filed with the Board. The Board relies on the accuracy of such certificates. Nevertheless, the SEIU does not claim to have suffered prejudice by the applicant’s apparent lapse (it is difficult to imagine how there could be any under the circumstances) and therefore the Board ought not to delay issuing a certificate on this basis.
Having regard to the agreement of the parties, the Board further finds that:
all employees of Provincial Nursing Home Limited Partnership c.o.b. as Seaforth Manor Nursing Home in the Town of Seaforth, 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.
Clarity Note
The Office Manager (a.k.a. the Bookkeeper) is excluded from the bargaining unit.
On 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.
A certificate will issue to the applicant.
The 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.
Meeting and hearing dates set previously are hereby cancelled.
The 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