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.
BEFORE: Laura Trachuk, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; April 4, 2000
1This is one of a series of certification applications in which the CAW seeks to replace the SEIU as the bargaining agent for a group of employees working for various employers. In each of these cases the Board has directed a representation vote. The ballot boxes have been sealed pending resolution of any outstanding issues in each file.
2Most of these matters are currently scheduled to come on for hearing before the Board on April 6, 2000. The purpose of that hearing is to receive the parties’ submissions on the effect, if any, on the proceedings before the Board of:
(a) a civil action commenced by the SEIU against certain of its officers and members; and
(b) an interim order made by a judge in respect of that civil action.
3In other words, the Board expects to hear from counsel on the relationship of this Court activity, to the statutory rights and responsibilities (of unions, employers and employees) over which this Board has jurisdiction. The Board may also wish to hear from the parties about the appropriate exercise of its discretion in the somewhat unusual circumstances posed by this series of cases.
4The SEIU seeks an adjournment of the hearing of April 6 because of a further motion it will be presenting to the Court on April 10, 2000
5In the circumstances, the Board is not prepared to grant the adjournment requested at this time. The matter of an adjournment can be addressed by the parties on April 6^th^, together (as necessary) with the other issues identified above.
“Laura Trachuk”
for the Board