Ontario Labour Relations Board
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.
BEFORE: Brian McLean, Vice-Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; July 31, 2000
Decision
1This is a displacement application for certification.
2A representation vote was held on March 17, 2000 pursuant to a Board order. The Board is in receipt of submissions from the parties regarding the issues which remain in dispute.
3The intervenor (“SEIU”) asserts that the applicant has failed to comply with the Board’s Rules of Procedure and therefore the application should be dismissed. The alleged non-compliance was that the intervenor was not served with a copy of a blank form: 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 15, 2000, we are also concerned about an apparent lapse in the certificate of delivery which the applicant filed with the Board. The Board relies on the accuracy of such certificates in making its determinations. Nevertheless, the intervenor suffered no prejudice by the applicant’s apparent lapse. While the applicant may have been sloppy in the manner in which it prepared its application, particularly in light of the Board’s decision in Seaforth Manor Nursing Home [unreported, May 26, 2000, Board File No. 3569-99-R], there is no evidence that it is deliberately following the Board’s Rules. Therefore the Board ought not to delay issuing a certificate on this basis.
4Having regard to the agreement of the parties, the Board further finds that:
all employees of South Huron Hospital Association at Exeter, Ontario, save and except professional medical staff, supervisors, persons above the rank of supervisor, graduate nurses, undergraduate nurses, graduate pharmacists, undergraduate pharmacists, graduate dieticians, physiotherapists, occupational therapists, speech pathologists, social workers, technical personnel and office and clerical staff,
constitute a unit of employees of the responding party appropriate for collective bargaining.
5On 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.
6A certificate will issue to the applicant.
7The 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.
8Meeting and hearing dates set previously are hereby cancelled.
9The 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