3591-99-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. London Health Sciences Centre c.o.b. as Growing Concern Co-operative Daycare Centre, Responding Party.
BEFORE: Brian McLean, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; March 13, 2000
This is an application for certification.
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”).
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.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of the responding party located in the City of London, save and except supervisors and persons above the rank of supervisor.
The vote will be held on March 15, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
All individuals who had an employment relationship with the responding party in the voting constituency on March 8, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on March 8, 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.
There may be a dispute between the parties as to whether or not employees employed at locations other than at 385 Hill Street in the City of London should be included in the bargaining unit. If any individual holding such a position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
The employer has given timely notice under section 8.1 of the Act that it disagrees with the applicant’s estimate of the number of employees in the bargaining unit it is applying for. It also submits that the Board cannot make a determination about whether 40% of the employees in the bargaining unit are members of the employer since the applicant has improperly named two separate legal entities as the employer. However, the responding party also agrees that the ballots should be counted following the representation vote. Accordingly, the issues identified by the responding party can be determined, if necessary, in the normal course following the representation vote.
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.
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.
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, other than status disputes, 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).
The matter is referred to the Registrar.
“Brian McLean”
for the Board