3826-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Caressant Care Nursing Home of Canada Limited, Woodstock Retirement Home, Responding Party v.Christian Labour Association of Canada, Intervenor.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and
D. A. Patterson.
DECISION OF THE BOARD; March 28, 2000
1This is a displacement 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").
3The employees are currently represented by the intervenor.
4It 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.
5Although the responding party indicates in the response that it agrees with the applicant's estimate of the number of employees in the applicant's proposed bargaining unit, it also gives notice under section 8.1 of the Act. The number of employees in Schedule A of the response differs from the number of employees indicated by the applicant in its application for certification.
6After 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.
7The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Caressant Care Nursing Home of Canada Limited (Woodstock Retirement Home) in the City of Woodstock, Ontario, save and except registered and graduated nurses, supervisors, persons above the rank of supervisors, office and clerical staff.
8The vote will be held on March 30, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
9All individuals who had an employment relationship with the responding party in the voting constituency on March 22, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on March 22, 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.
10Voters will be asked to indicate whether they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
11The Board notes that there is no completed Confirmation of Posting (Form A-5) in the file. To the extent that the application or the Notice to Employees (Form C-2) has not been posted in the workplace, the responding party is directed to post the documents forthwith and file with the Board a completed Confirmation of Posting on or before March 29, 2000. To the extent the documents have already been posted, the responding party is directed to file its completed Confirmation of Posting with the Board on or before March 29, 2000.
12The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" in locations in the workplace where it is likely to come to the attention of employees affected by the application. These copies must remain posted for 30 days.
13Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, 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).
14The matter is referred to the Registrar.
"Patrick Kelly"
for the Board