3906-99-R National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. Victorian Order of Nurses Thunder Bay & District Branch, Responding Party v. Service Employees International Union, Local 268, Intervenor.
BEFORE: Russell Goodfellow, Vice‑Chair, and Board Members J. A. Ronson and
H. Peacock.
DECISION OF THE BOARD; May 12, 2000
The intervenor has asked that the application be dismissed under section 8.1 of the Act and that the Board postpone its disposition of the application on the basis of the vote results until after a contempt motion has been dealt with by the Superior Court in Court File No. 00-CV-185840 and/or until the Canadian Labour Congress disposes of raiding charges brought against the applicant by the intervenor. Section 8.1 of the Act is not a provision that is available to trade unions. Only “employers” can give notice under section 8.1. The intervenor’s alternative requests have been dealt with by the Board in other Board decisions and the Board agrees with those decisions.
Accordingly, having regard to the agreement of the parties, the Board further finds that:
all employees of the Victorian Order of Nurses, Thunder Bay and District in the Districts of Thunder Bay, Rainy River and Kenora, employed as registered or graduate practical nurses, save and except supervisors and persons above the rank of supervisor,
constitute a unit of employees of the responding party appropriate for collective bargaining.
On 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.
A certificate will issue to the applicant.
The 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.
Meeting and hearing dates set previously are hereby cancelled.
The 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.
“Russell Goodfellow”
for the Board