3974-99-R National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. Sexual Assault Crisis Centre (Kingston) Inc., Responding Party v. Service Employees International Union, Local 663, Intervenor.
BEFORE: Brian McLean, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; April 10, 2000
1This is a displacement application for certification which was filed with the Board on March 31, 2000.
2The responding party and the intervenor assert that this application is untimely because they are parties to a collective agreement with an effective date of October 3, 1999 to March 31, 2001 which was ratified by both parties in February 2000.
3By decision dated April 5, 2000 the Board directed the parties to file submissions with respect to the timeliness issue. The applicant filed submissions dated April 7, 2000 in which it asserted that there is no signed collective agreement and the collective agreement which was ratified by the employees in the bargaining unit was not the collective agreement agreed to by Local 663 and the employer.
4While there may be an argument that the application is timely, that argument must be weighed against the interests of the incumbent union and the employer. Under these circumstances, we believe that it is appropriate to defer holding a representation vote until the timeliness of the application has been determined. However, we are of the view that the application should be set down for hearing as soon as possible. The matter is referred to the Registrar to set hearing dates.
"Brian McLean"
for the Board