National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Village Green Nursing Home (Part Time Unit)
File No.: 2001-00-R Date: October 11, 2000 Ontario Labour Relations Board
Applicant: National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) Responding Party: Village Green Nursing Home (Part Time Unit) Intervenor: Service Employees International Union, Local 183
Before: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
Decision of Timothy W. Sargeant, Vice-Chair and Board Member R. R. Montague
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 the Employer in Selby, Ontario, regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period, save and except Supervisors, Foremen, persons above the rank of Supervisor or Foreman, office and clerical staff.
5The vote will be held on October 13, 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 October 5, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on October 5, 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 or not they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
8The employer has given notice under section 8.1 of the Act even though it does not disagree with the union’s estimate of the number of individuals in the bargaining unit included in the application for certification. In any event, in view of the employer’s agreement that the ballots case in the representation vote be counted there will be no order directing that the ballot box be sealed.
9The 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 a 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 the request that a vote not be held.
10The 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.
11Any 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).
12The matter is referred to the Registrar.
“Timothy W. Sargeant” for the majority
Decision of Board Member J. A. Ronson
It would appear that if the employer agrees to count the ballots, having pleaded that section 8.1 applies, then there may be no bar if the union loses the vote. In the circumstances then, no vote should take place until the section 8.1 issues are dealt with at a hearing. If a vote is ordered, then at the least the ballot box should be sealed until the section 8.1 issues are resolved.
“J. A. Ronson”