Ontario Labour Relations Board
File No.: 1500-00-R Date: December 29, 2000
National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. St. Joseph’s Care Group (Part Time Service), Responding Party v. Service Employees International Union, Local 268, Intervenor.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD
1There do not appear to be any remaining issues in dispute in this displacement application for certification.
2Having regard to the agreement of the parties, the Board further finds that:
all employees of St. Joseph’s Care Group in the City of Thunder Bay regularly employed for less than twenty-five (25) hours per week in the classifications listed on Schedule “A” of the full-time collective agreement between St. Joseph’s Care Centre and Service Employees’ Union Local 268 (presser, kitchen helper, houseperson, dietary aide, housekeeping aide, laundry/linen aide, resp. tech. aide, third cook, radiology aide, sewer, cook’s assistant, dietary porter, linen porter, radiology porter, assistant washer, cleaner, printer/stores helper, C.S.S.U. operator, O.R. aides, physio attendant, stores porter washer, second cook, pastry cook, first cook, baker, non-registered nursing assistant, orderly, maintenance helper, addictions crises worker, shipper/receiver, rehab assistants, O.T. assistants, recreationists Smith Clinic, orthopedic technicians, physio assistants, maintenance worker, storekeeper, R.P.N., recreationists/patient porter, painter) and for students employed for the school vacation period in the classifications listed on Schedule “A” of the full-time collective agreement between St. Joseph’s Care Centre and Service Employees’ Union Local 268, save and except professional medical staff, graduate pharmacists, under-graduate pharmacists, pharmacists assistants, graduate dietitians, student dietitians, technical personnel, social service workers, speech therapists, enterostomal therapists, recreational therapists, play therapists, autiologists, psychometrists, psychology assistants, counsellors, counsellor assistants, prosthetists, orthotists, pastoral care assistants, office and clerical staff, persons on a co-operative work study program, watchmen, members of the Sisters of St. Joseph of Sault St. Marie, supervisors, foremen and foreladies, persons above the rank of foreman and forelady and persons covered by subsisting collective agreements,
constitute a unit of employees of the responding party appropriate for collective bargaining.
3On 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.
4A certificate will issue to the applicant.
5The 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.
6Meeting and hearing dates set previously are hereby cancelled.
7The 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.
“Patrick Kelly”
for the Board