Ontario Labour Relations Board
1177-00-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Leamington United Mennonite Home and Apartments, Responding Party v. Service Employees International Union, Local 210, Intervenor.
BEFORE: Timothy W. Sargeant, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; July 24, 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 Service Employees International Union, Local 210.
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.
5The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of the employer, save and except supervisors, persons above the rank of supervisor, registered nurses, hair dressers, adjuvant, office and clerical staff, chaplain and students employed during the school vacation period.
6The vote will be held on July 26, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
7All individuals who had an employment relationship with the responding party in the voting constituency on July 19, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on July 19, 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.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant or the incumbent in their employment relations with the respond party.
9The intervenor has raised a number of issues in regards to whether this vote should be conducted, and in the alternative asks that the ballot box be sealed. The Board has considered similar arguments and submissions in a number of previous decisions (see for example Board File #3775-99-R). In those decisions the Board decided that a vote should be conducted and the ballot box not be sealed. This panel having considered the submissions of the intervenor has also determined that in this matter the vote should be conducted and the ballot box should not be sealed.
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 Board