National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Leamington United Mennonite Home and Apartments
1177-00-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Leamington United Mennonite Home and Apartments, Responding Party v. Service Employees International Union, Local 210, Intervenor.
BEFORE: Brian McLean, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; August 14, 2000
1This is a displacement application for certification. A representation vote was held in this matter on July 26, 2000. Following the taking of the representation vote, which was won by the applicant, the intervenor filed representations in accordance with the Board’s decision dated July 24, 2000 and its practice.
2The intervenor asserts that this application should be dismissed or that the Board should not issue a certificate at this time. The intervenor relies on the fact that certain court proceedings and proceedings before the Canada Labour Congress are pending, ongoing or completed. The Board has considered identical arguments raised between the applicant and intervenor in other proceedings and has found that such arguments ought not to affect the issuance of a certificate. We agree with these decisions.
3Having regard to the agreement of the parties, the Board further finds that:
all employees of Leamington United Mennonite Home and Apartments, save and except supervisors, persons above the rank of supervisor, registered nurses, hairdressers, adjuvant, office and clerical staff, Chaplain and students employed during the school vacation period,
constitute a unit of employees of the responding party appropriate for collective bargaining.
4On 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.
5A certificate will issue to the applicant.
6The 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.
7Meeting and hearing dates set previously are hereby cancelled.
8The 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.
“Brian McLean”
for the Board