0685-00-R National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. The Corporation of the County of Grey operating as Grey County Homes for the Aged, Grey Gables , Responding Party v. Canadian Health Care Workers (CHCW) , Intervenor #1 and Service Employees International Union, Local 220, Intervenor #2.
0701-00-R Canadian Health Care Workers (CHCW), Applicant v. The Corporation of the County of Grey operating as Grey County Homes for the Aged, Grey Gables , Responding Party v. Service Employees International Union, Local 220, Intervenor #1 and National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Intervenor #2.
BEFORE: Stephen Raymond, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; July 11, 2000
1The style of cause is hereby amended to reflect the correct name of the responding party: " The Corporation of the County of Grey operating as Grey County Homes for the Aged, Grey Gables ".
2Pursuant to the Board's direction of June 9, 2000, a representation vote was taken on June 13, 2000.
3The Board has received representations dated June 20, 2000, from the intervenor, the Service Employees International Union, Local 220. Having considered these representations, we are satisfied that the intervenor, the Service Employees International Union, Local 220 has raised no allegations which, even if proved true, would change the result of the application.
4These applications are both double displacement applications. There was an error in the Board’s decision of June 9, 2000 in that the bargaining unit was described as being in the Town of Durham, rather than the Town of Markdale. This error was corrected by Board decision on June 12, 2000. The intervenor wrote on June 13, 2000 that the ballot box ought to be sealed as a result of what it said were serious notice issues, including the fact that the earlier Board decision had been in error and had been received after normal business hours. In fact, there were forty-three (43) persons on the voting list of whom thirty-eight(38) persons voted, a turnout of over eighty-eight percent (88%) of those eligible to vote. Even if these persons had voted, they could not have changed the outcome of the vote. Regardless, even if they could have changed the outcome, it is apparent that in this case the notice was sufficient to ensure that persons who wished to express this vote could do so.
5For these reasons, the Board will issue a final decision in these matters without a hearing.
6Having regard to the agreement of the parties, the Board finds that:
all employees of The Corporation of the County of Grey, operating as Grey County Homes for the Aged, Grey Gables in its home or homes for the Aged in the Town of Markdale, save and except supervisors, persons above the rank of supervisor, registered and graduate nurses, office and clerical staff, persons regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period,
constitute a unit of employees of the responding party appropriate for collective bargaining.
7On 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 Canadian Health Care Workers (CHCW).
8A certificate will issue to the Canadian Health Care Workers (CHCW) with respect to Board File No. 0701-00-R.
9The 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.
10Meeting and hearing dates set previously are hereby cancelled.
11The application in Board File No. 0685-00-R is hereby dismissed.
12The 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.
“Stephen Raymond”
for the Board