Ontario Labour Relations Board
File No.: 0109-00-R Date: May 10, 2000
Between:
National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Setterland Group Homes Inc., Responding Party v. Service Employees International Union, Local 268, Intervenor.
Before: Russell Goodfellow, Vice-Chair.
Decision of the Board
1The intervenor has asked the Board to set aside the results of the vote (11 – 1 in favour of the applicant) and order a new vote on the basis that there was inadequate notice to employees of the correct name of the intervenor. In the circumstances, the Board is not persuaded that the original error in the number of the Local could possibly have had any material effect on the results of the vote. No doubt, the employees knew the identify of their bargaining agent (the intervenor) and that the contest was between that bargaining agent and the applicant. Further, the Board’s error was corrected the day before the vote, the correct number appeared on the ballot and no employees have written to the Board claiming confusion. The intervenor has also asked the Board to postpone its decision on the application until after a contempt motion has been dealt with by the Superior Court in Court File No. 00-CV-185840 and/or until the Canadian Labour Congress disposes of raiding charges brought against the applicant by the intervenor. These requests have been dealt with by the Board in other Board decisions and the Board agrees with those decisions.
2Accordingly, having regard to the agreement of the parties, the Board further finds that:
all employees of Setterland Group Homes Inc., in the tri-municipal area comprised of the towns of Kenora, Joffray-Melick and Keewatin, save and except supervisors and persons above the rank of supervisor,
constitute a unit of employees of the responding party appropriate for collective bargaining.
3As indicated, on the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
4A certificate will issue to the applicant.
5The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
6Meeting and hearing dates set previously are hereby cancelled.
7The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
"Russell Goodfellow"
for the Board