Ontario Labour Relations Board
1397-00-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Holiday (Canada) Retirement Group, Ltd., c.o.b. Masonville Manor Retirement Residence, Responding Party v. Service Employees International Union, Local 220, Intervenor.
BEFORE: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Rundle and D.A. Patterson.
DECISION OF THE BOARD; August 16, 2000
Decision
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").
3Both the responding party and the intervenor take the position that this application is timely. Based on the pleadings it would seem that this application may be untimely in accordance with section 67(1) of the Act.
4The Service Employees International Union, Local 220 ("SEIU") was certified in a decision dated July 30, 1999 for essentially the bargaining unit subject of this application. By letter dated August 19, 1999 the Ministry appointed a conciliation officer. To date the Minister has not a) released to the parties the report of conciliation officer; b) has not released to the parties a notice that he does not consider it advisable to appoint a conciliation officer; or c) released to the parties a notice of a report of the conciliation officer that the differences between the parties concerning the terms of a collective agreement have been settled.
5Section 67(1) of the Act states:
- (1) Subject to subsection (3), where a trade union has not made a collective agreement within one year after its certification and the Minister has appointed a conciliation officer or a mediator under this Act, no application for certification of a bargaining agent of, or for a declaration that a trade union no longer represents, the employees in the bargaining unit determined in the certificate shall be made until,
(a) 30 days have elapsed after the Minister has released to the parties the report of a conciliation board or mediator;
(b) 30 days have elapsed after the Minister has released to the parties a notice that he or she does not consider it advisable to appoint a conciliation board; or
(c) six months have elapsed after the Minister has released to the parties a notice of a report of the conciliation officer that the differences between the parties concerning the terms of a collective agreement have been settled,
as the case may be.
6In the circumstances the Board would ask for submissions from the applicant to be delivered to the Board and the other parties no later than Friday, August 18, 2000, as to why this application should not be dismissed as being untimely. If no submissions are received by Friday, August 18, 2000, this application shall be deemed to be dismissed.
7This panel remains seized with this matter.
"Timothy W. Sargeant"
for the Board