Ontario Labour Relations Board
National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Lennox and Addington Interval Home, Responding Party v. Service Employees International Union, Local 183, Intervenor.
BEFORE: Caroline Rowan, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; December 6, 2000
DECISION
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 intervenor.
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. Further, this application appears to be timely.
5The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of the Lennox and Addington Interval House in the Town of Greater Napanee, save and except the Executive Director, the Assistant to the Executive Director, the Administrator, persons above the rank of Administrator.
6The vote will be held on December 8, 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 December 1, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on December 1, 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 they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
9There is a difference between the parties concerning the appropriate geographic scope of the bargaining unit and the appropriate supervisory exclusions. The intervenor describes the geographic scope and supervisory exclusions as set out in paragraph 5 above whereas the applicant describes the geographic scope of the unit as "in the City of Napanee" and the responding party describes it as "in the County of Lennox and Addington and Hastings County". The applicant describes the appropriate supervisory exclusions as "save and except supervisors and persons above the rank of supervisor" whereas the responding party describes it as "save and except the Executive Director, the Assistant to the Executive Director, and the Administrator". If any individual is in dispute as a result of these differences, such individual shall be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
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, 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.
"Caroline Rowan"
for the Board