2267-00-R Christian Labour Association of Canada, Applicant v. Central Park Lodges, Pioneer Care Long Term Care Centre operating as Interim Beds at the Freeport Hospital in Kitchener, Ontario, Responding Party v. Service Employees International Union, Local 220, Intervenor.
BEFORE: Bram Herlich, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; November 7, 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 Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Central Park Lodges, Pioneer Care Long Term Care Centre, operating as Interim Beds at the Freeport Hospital site in the Municipality of Waterloo, save and except registered and graduate nurses, activity director, paramedical employees, supervisors, persons above the rank of supervisor, and office staff.
Clarity Note: The Scope and Recognition is deemed to include the Registered Practical Nurses RPN’s, Health Care Aides (HCA’s) and Personal Support Workers (PSW) and program support workers only at the Grand River Hospital, Freeport (Hospital) Site location in Kitchener.
5In striking the voting constituency the Board has attempted (insofar as the parties have facilitated the task) to identify the scope clause of the subsisting collective agreement. The verbal formulations proposed by the applicant and the responding party do not appear to be proper bargaining unit descriptions. Accordingly, the Board has adopted the bargaining unit description offered by the intervenor for the purposes of striking the voting constituency.
6The vote will be held on November 9, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
7All individuals who had an employment relationship with the responding party in the voting constituency on November 2, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on November 2, 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.
8Voters will be asked to indicate whether they wish to be represented by the applicant or intervenor in their employment relations with the responding party.
9The 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.
10Any 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).
11The matter is referred to the Registrar.
“Bram Herlich”
for the Board