0584-00-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Valleyview Home for the Aged, Responding Party v. Canadian Health Care Workers (CHCW), Intervenor.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson .
DECISION OF THE BOARD; May 26, 2000
1. This is a displacement application for certification.
2. The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
3. It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
4. The responding party disputes the applicant's estimate of the number of employees in the applicant's proposed bargaining unit. It gives notice under section 8.1 of the Act.
5. Having regard to the agreement of the parties, the Board finds that the bargaining unit described in the application is appropriate. After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that the numerical difference between the parties is not significant. The applicant has established sufficient membership support in the bargaining unit for the purposes of obtaining a representation vote and having that vote counted. In any event, the responding party agreed that the ballots cast in the representation vote should be counted.
6. The intervenor submits that the representation vote should be postponed, or in the alternative, that the ballot box be sealed, until the Board has verified that the membership evidence proffered corresponds with the employees actually employed by the responding party upon the date of the filing of the application.
7. The Board, differently composed, dealt with a similar argument in Weston Bakeries Limited [1999] November 10, 1999 (unreported), where the intervenor in that case challenged the submitted membership evidence. The panel considering the matter pointed out that the Act (see sections 8(2) and 8(3)) directs the Board to consider only the information provided by the applicant and section 8(9) directs the Board not to consider any challenge to that information. The Board ordered the vote to proceed, and left open to the intervenor in that case the option of renewing its challenge following the vote.
8. The Board adopts the reasons set out in Weston Bakeries Limited regarding the challenge to the membership evidence in this application. The application will proceed to a vote which is to be counted. The intervenor may, if it wishes to do so, renew its submissions with respect to the membership evidence of the applicant following the vote.
9. The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of the City at the Valleyview Home for the Aged at St. Thomas, save and except supervisors, persons above the rank of supervisor, registered nurses and administrative staff.
10. The vote will be held on May 30, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
11. All individuals who had an employment relationship with the responding party in the voting constituency on May 23, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on May 23, 2000, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
12. Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
13. The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
14. Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
15. The matter is referred to the Registrar.
“Patrick Kelly”
for the Board