3644-99-R National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. South Huron Hospital, Responding Party v. Service Employees International Union, Local 210, Intervenor.
3645-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Delhi Nursing Home, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3660-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. H.J. McFarland Memorial Home for the Aged, Responding Party v. Service Employees International Union, Local 183, Intervenor.
3665-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Sunbeam Residential Development Centre, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3666-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Women’s Emergency Centre Woodstock, Inc., Responding Party v. Service Employees International Union, Local 220, Intervenor.
3667-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Oxford Child and Youth Centre Woodstock, Inc., Responding Party v. Service Employees International Union, Local 220, Intervenor.
3668-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Sunbeam Residential Development Centre, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3669-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Oxford Regional Nursing Home, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3670-99-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Clinton Public Hospital, Responding Party v. Service Employees International Union, Local 210, Intervenor.
3671-99-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Goldenddawn Nursing Home, Responding Party v. Service Employees International Union, Local 210, Intervenor.
3677-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Maplewood Nursing Home Ltd., Tillsonburg, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3678-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Malcolm Place Retirement Home, Responding Party v. Service Employees International Union, Local 210, Intervenor.
3689-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Trinity Village Care Centre Full Time, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3690-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Trinity Village Care Centre Part Time, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3691-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Anselma House, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3692-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Anselma House, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3693-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. St. Joseph’s Health Centre – St. Joseph’s Hospital, Responding Party v. Service Employees International Union, Local 220; Canadian Health Care Workers, Intervenors.
3694-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. St. Joseph’s Health Centre – St. Joseph’s Hospital, Responding Party v. Service Employees International Union, Local 220; Canadian Health Care Workers, Intervenors.
3695-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. St. Joseph’s Health Centre (Mount Hope Centre for Long Term Care), Responding Party v. Service Employees International Union, Local 220; Canadian Health Care Workers, Intervenors.
3696-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. St. Joseph’s Health Centre (Mount Hope Centre for Long Term Care) (Part-time Employees), Responding Party v. Service Employees International Union, Local 220; Canadian Health Care Workers, Intervenors.
3714-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Grand River Hospital, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3715-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Grand River Hospital, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3727-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. St. Mary’s Hospital, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3728-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. St. Mary’s Hospital, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3729-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Meadow Park Incorporated (Meadow Park Retirement Home), Responding Party v. Service Employees International Union, Local 220, Intervenor.
3730-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Meadow Park Incorporated (Meadow Park Retirement Home), Responding Party v. Service Employees International Union, Local 220, Intervenor.
3731-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Chelsey Park Retirement Community Nursing Home, A Division of Diversicare VI Limited Partnership Inc., Responding Party v. Service Employees International Union, Local 220, Intervenor.
3732-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Chelsey Park Retirement Community Nursing Home, A Division of Diversicare VI Limited Partnership Inc., Responding Party v. Service Employees International Union, Local 220, Intervenor.
3733-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Babcock Nursing and Rest Homes Ltd., Responding Party v. Service Employees International Union, Local 220, Intervenor.
3735-99-R National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. Ontario Jockey Club, Responding Party v. Service Employees International Union, Local 528, Intervenor.
3747-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Middlesex Terrace (Part-time), Responding Party v. Service Employees International Union, Local 220, Intervenor.
3748-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Middlesex Terrace, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3749-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Tillsonburg District Memorial Hospital
(Part-time), Responding Party v. Service Employees International Union, Local 220, Intervenor.
3750-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Tillsonburg District Memorial Hospital (Full time), Responding Party v. Service Employees International Union, Local 220, Intervenor.
3751-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Country Terrace Nursing Home (Full-Time), Responding Party v. Service Employees International Union, Local 220, Intervenor.
3752-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Country Terrace Nursing Home (Part-Time), Responding Party v. Service Employees International Union, Local 220, Intervenor.
3753-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Craigwiel Gardens c.o.b. as Craigholme Nursing Home (Part-time), Responding Party v. Service Employees International Union, Local 220, Intervenor.
3754-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Craigwiel Gardens c.o.b. as Craigholme Nursing Home, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3755-99-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Trillium Villa Nursing Home, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3756-99-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Meadow Park Nursing Home, Responding Party v. Service Employees International Union, Local 210, Intervenor.
3775-99-R National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. Parkway House, Ottawa & District, Responding Party v. Service Employees International Union, Local 183, Intervenor.
3776-99-R National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. Quinte Vocational Support Services, Responding Party v. Service Employees International Union, Local 183, Intervenor.
3794-99-R National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. Community Care Access Centre of the District of Thunder Bay, Responding Party v. Service Employees International Union, Local 268, Intervenor.
3795-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. OPTIONS, Northwest, Responding Party v. Service Employees International Union, Local 268, Intervenor.
3796-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Avon Maitland District School Board Full-Time/Part-Time Employees, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3827-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Hanover and District Hospital Part-Time Service Employees, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3829-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Hanover and District Hospital Full-Time Service Employees, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3830-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Hanover and District Hospital Office and Clerical Employees, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3850-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Victorian Order of Nurses – Thunder Bay & District, Responding Party v. Service Employees International Union, Local 268, Intervenor.
3865-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Cedarwood Village (Full-time Registered Nurses, Responding Party v. Service Employees International Union, Local 220, Intervenor.
3866-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Cedarwood Village (Part-time Registered Nurses), Responding Party v. Service Employees International Union, Local 220, Intervenor.
3867-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. The Corporation of the County of Lambton Marshall Gowland Manor (Part-Time), Responding Party v. Service Employees International Union, Local 220, Intervenor.
3868-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. The Corporation of the County of Lambton Marshall Gowland Manor (Full-Time), Responding Party v. Service Employees International Union, Local 220, Intervenor.
3870-99 National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Cedarwood Village (Full-time and Part-time Service Workers), Responding Party v. Service Employees International Union, Local 220, Intervenor.
3871-99-R National Automobile, Aerospace, Transportation & General Worke’ Union of Canada (CAW-Canada), Applicant v. Brouillette Manor 1230839 Ontario Limited, Responding Party v. Service Employees International Union, Local 210, Intervenor.
3875-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Society of the Sacred Heart of Jesus (c.o.b. as Sacred Heart Villa), Responding Party v. Service Employees International Union, Local 220, Intervenor.
3903-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Merrymount Children’s Centre (Full-time), Responding Party v. Service Employees International Union, Local 220, Intervenor.
3904-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Merrymount Children’s Centre (Part-time), Responding Party v. Service Employees International Union, Local 220, Intervenor.
BEFORE: Laura Trachuk, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; April 18, 2000
1At the hearing of these matters on April 11, 2000 the Board issued the following oral ruling:
The Board has considered the submissions of the parties. The intervenor has asked the Board to adjourn the proceedings with respect to the above noted files pending the conclusion of the process it has commenced with the Canadian Labour Congress.
As the parties are well aware, the Board has considered the argument made by the SEIU on a number of previous occasions. It has held consistently that proceedings under the CLC constitution do not, and should not, impact on certification proceedings before the Board. The SEIU claims however that this situation is different as it is arguing that since the CAW has agreed not to organize employees in bargaining units that it represents there can be no membership evidence before the Board. However, the Board has already found in each of the above noted files that there is an appearance of membership in the CAW of at least 40%. In any case, the Board can find no support for the SEIU’s argument within its governing statute.
The other distinguishing factor here, according to the SEIU, is that there are so many displacement applications filed with the Board by the CAW that significant damage could be done to the CLC and the “House of Labour” if they proceed. However, the Board is responsible for the certification process under the Labour Relations Act, 1995 (the “Act”). In these circumstances the Board must consider the entitlement of employees to change their representation during the period in which it is open to them under that Act to do so. The Board will not adjourn that process to accommodate a dispute between the two unions about an agreement not to avail themselves of the certification provisions of the Act in certain circumstances.
The certification applications listed above will proceed.
“Laura Trachuk”
for the Board