Ontario Labour Relations Board
2382-00-R Christian Labour Association of Canada, Applicant v. Durham Region Attendant Care, Responding Party.
BEFORE: Gail Misra, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; November 17, 2000
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
3It 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.
4The responding party disputes the applicant's estimate of the number of employees in the applicant's proposed bargaining unit. However, the responding party agrees with the description of the bargaining unit proposed by the applicant. Nevertheless it gives notice under section 8.1 of the Act.
5The Board finds that the bargaining unit described in the application could be appropriate. After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that the numerical difference between the parties is not significant. The applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote and having that vote counted. In any event, the responding party agreed that the ballots cast in the representation vote should be counted.
6The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees working for Durham Region Attendant Care, save and except clerical staff, supervisors and persons above the rank of supervisor.
7The vote will be held on November 24, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
8All individuals who had an employment relationship with the responding party in the voting constituency on November 15, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on November 15, 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.
9Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
10In light of concerns regarding notice of the vote getting to all persons who may be affected by this application, the Board directs the responding party employer to provide the Board with labels listing the name and address of each affected employee in the proposed bargaining unit. The labels are to be delivered to the Board by 12 noon on Monday, November 20, 2000. The Board will then send each employee a “Notice of Vote and of Hearing”.
11The 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.
12Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, 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).
13The matter is referred to the Registrar.
“Gail Misra ”
for the Board