National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Goldenddawn Nursing Home
File No.: 3671-99-R Date: March 29, 2000 Ontario Labour Relations Board
Before: Marilyn Silverman, Vice-Chair
Decision of the Board
1The Board is in receipt of submissions from counsel for the applicant in respect of the intervenor’s position that this application is untimely. Having reviewed these submissions, I am of the view that this issue should be determined at a hearing and the matter is referred to the Registrar to schedule a hearing in the normal course. The ballot box will be sealed and the ballots not counted until the Board so orders or the parties agree.
2In respect of the issue of the effect of the court order on this application (see paragraph 10 of the decision of March 16, 2000) that issue will be scheduled for hearing on April 6, 2000 commencing at 9:30 a.m. at the Board’s premises, 2^nd^ Floor, 505 University Avenue, Toronto, Ontario.
3The purpose of that hearing is as stated in paragraph 11 of Delhi Nursing Home, Board File No. 3645-99-R, unreported decision of March 15, 2000 which states:
- In order to give the intervenor an opportunity to make representations as to how the Court’s Order may possibly affect the Board’s usual processes, this matter will be set down for hearing at an early date. The purpose of the hearing is only to consider argument on whether the Order prevents the Board from pursuing its usual process of counting ballots cast in representation votes. Should the intervenor fail to persuade the Board thereof, the parties should assume that the Board will order that the ballots will be counted after the hearing.
4The responding party is directed to post copies of this decision adjacent to the March 16, 2000 decision.
"Marilyn Silverman"
for the Board