Ontario Labour Relations Board
1603-00-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Caressant Care Nursing and Retirement Homes Limited c.o.b. Caressant Care on Bonnie Place Nursing Home, Responding Party v. Service Employees International Union, Local 220, Intervenor.
BEFORE: Patrick Kelly, Vice‑Chair.
DECISION OF THE BOARD; September 29, 2000
1This is a displacement application for certification.
2The remaining issues in dispute concern: the intervenor’s allegation of an apparent breach by the applicant of an Order of the Superior Court of Justice and alleged breach by the applicant of the constitution of the Canadian Labour Congress; and a section 8.1 objection raised by the responding party and relied upon by the intervenor for the proposition that the applicant failed to meet the 40 per cent threshold of support in order to warrant a representation vote.
3With respect to the intervenor’s position concerning the alleged breaches of the Court Order and the constitution of the Canadian Labour Congress, the Board has considered similar submissions in previous decisions and found no support for this position.
4With respect to the section 8.1 objection, the responding party filed with its response Schedule “A” containing the names of the employees who fall within the bargaining unit proposed by the applicant (a bargaining unit with which the responding party agreed). Schedule “A” contains 85 names. The applicant, in its filed Form A-4, indicated 85 employees as its estimate of the number of employees in its proposed bargaining unit. It failed to set that number out in the Form A-1, and informed the Board and the other parties of that error on September 1, 2000. It would appear that had the responding party known of the applicant’s estimate of 85 employees at the time the responding party prepared its response, there would have been no section 8.1 objection. Be that as it may, there is no basis now for maintaining the section 8.1 objection because the applicant and the responding party agree on the appropriate bargaining unit, and agree that it contains 85 employees.
5Having regard to the agreement of the parties, the Board further finds that:
all the employees of Caressant Care Nursing and Retirement Homes Limited, in its nursing home at St. Thomas, Ontario, save and except supervisors, persons above the rank of supervisor, registered nurses, office staff and bedmakers,
constitute a unit of employees of the responding party appropriate for collective bargaining.
6On 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.
7A certificate will issue to the applicant.
8The 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.
9As no issues remain outstanding, the hearing scheduled to commence on Monday, October 2, 2000 is hereby cancelled.
10The 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.
“Patrick Kelly”
for the Board