National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Metcalfe Gardens Retirement Residence, St. Thomas
2774-00-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Metcalfe Gardens Retirement Residence, St. Thomas, Responding Party v. Service Employees International Union, Local 220, Intervenor.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; December 20, 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”).
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. Further, this application appears to be timely.
4The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Diversicare Incorporated at its Metcalfe Gardens Restaurant Residence in the City of St. Thomas, save and except supervisors other than the evening and night R.P.N. supervisors, persons above the rank of supervisor, registered and graduate nurses, secretary, bookkeeper and activation director.
For the sake of clarity, the parties note that the RPN’s who act as evening and night supervisors will be included in the bargaining unit. All other supervisors are excluded.
5The vote will be held on December 22, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on December 15, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on December 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.
7Voters 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.
8The intervenor alleges unfair practices in respect of this application. Further, the intervenor has filed submissions that the application be dismissed because of an apparent breach of an order of the Superior Court of Justice and because of a breach of the Constitution of the Canadian Labour Congress. The Board has considered similar submissions in previous decisions and found no support for the intervenor’s position. The Board in this instance having considered such submissions of the intervenor is not prepared to accede to this request. In the alternative the intervenor submits that the Board not hold a vote until a decision is rendered with respect to the matters raised by the intervenor. In the further alternative, the intervenor submits that the ballot box ought to be sealed pending a hearing into the matters raised by the intervenor. The Board has considered such submissions and is not prepared to accede to either such alternative request.
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, 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.
“Partrick Kelly”
for the Board