3414-99-R Joe Machado, Applicant v. Service Employees International Union Local 204, Responding Party v. Sisters of St. Joseph for the Diocese of Toronto in Upper Canada, Intervenor.
BEFORE: M. A. Nairn, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; February 25, 2000
1This is an application to terminate bargaining rights brought pursuant to section 63 of the Labour Relations Act, 1995 (the “Act”). A response and an intervention have been filed within the time allowed. The parties are agreed that it is timely.
2In its response the trade union states that it no longer wishes to represent the employees in the affected bargaining unit. That bargaining unit is described as:
all lay employees of the Sisters of St. Joseph for the Diocese of Toronto in Upper Canada at Morrow Park in the Municipality of Metropolitan Toronto, save and except Supervisors, persons above the rank of Supervisor, office and clerical staff, Registered and Graduate Nurses, Physiotherapists and employees in the bargaining units for which any trade union held bargaining rights as of August 18th, 1995.
3In the circumstances there is no need to hold a representation vote. The trade union has indicated that it wishes to abandon its bargaining rights. In view of that position, and pursuant to section 63(17) of the Act, we hereby declare that the Service Employees International Union, Local 204 no longer represents the employees in the bargaining unit described above. Any collective agreement in place hereby ceases to operate in accordance with section 63(18) of the Act.
“M. A. Nairn”
for the Board