Ontario Labour Relations Board
0361-00-R Canadian National Federation of Independent Unions, Applicant v. Providence Continuing Care Centre operating as Providence Manor, Responding Party.
BEFORE: M. A. Nairn, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; May 8, 2000
Decision
1This is an application for certification seeking to displace an incumbent trade union. Although notice of the application appears to have been served on the incumbent trade union, no intervention has been filed.
2It 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.
3Having regard to the agreement of the applicant and responding party as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Providence Manor in the City of Kingston, Ontario, save and except the Sisters, professional medical staff, Registered Nursing Staff, graduate nurses, paramedical and technical personnel, payroll clerk, outreach attendants, students, resident assistants, executive secretaries, administrative assistants, supervisors and persons above the rank of supervisor.
4The vote will be held on May 10, 2000. Other vote arrangements will be as directed by the Registrar and set out on the attached Notice of Vote and of Hearing.
5All individuals who had an employment relationship with the responding party in the voting constituency on May 3, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on May 3, 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.
6Voters will be asked to indicate whether or not they wish to be represented by the applicant or the Employees’ Union of Providence Manor Local of St Mary’s of the Lake in their employment relations with the responding party.
7The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
8Any 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, 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).
9We are unable based on the information supplied in the employer’s response, to determine whether or not the application is timely. Nor has the applicant established that it is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”). In light of these outstanding issues, the ballot box will be sealed and the ballots not counted until the Board so orders or the parties agree. Representations on the issues of trade union status and the timeliness of the application are to be filed within the period allowed in paragraph 8 following the taking of the vote.
10The matter is referred to the Registrar.
“M. A. Nairn”
for the Board