National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Burnbrae Gardens
File No.: 1068-00-R Date: July 31, 2000
Before: Anthony Brown, Vice-Chair
Decision of the Board
1The intervenor submits that issuance of a certificate should be postponed because it is engaged in proceedings against the applicant and/or certain individuals in other forums, as described in its letter to the Board dated July 18, 2000. The applicant objects to any such postponement. The Board is not persuaded that the intervenor’s contempt motion in Superior Court or its proceedings in connection with the Canadian Labour Congress are sufficient grounds to postpone the issuance of a certificate. Indeed, Section 10 of the Labour Relations Act, 1995 (the “Act”) does not appear to give the Board the discretion to postpone the issuance of a certificate.
2Having regard to the agreement of the parties, the Board further finds that:
all employees of Burnbrae Gardens, save and except Supervisor, persons above the rank of Supervisor, Registered Nurses and office staff,
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 for fifteen days.
“Anthony Brown”
for the Board