1603-00-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Caressant Care Nursing and Retirement Homes Limited c.o.b. Caressant Care on Bonnie Place Nursing Home, Responding Party, v. Service Employees International Union, Local 220, Intervenor.
BEFORE: Timothy W. Sargeant, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; September 5, 2000
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 the employees of Caressant Care Nursing and Retirement Homes Limited, in its nursing home at St. Thomas, Ontario, save and except supervisors, persons above the rank of supervisor, registered nurses, office staff and bedmakers.
5The vote will be held on September 7, 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 August 30, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on August 30, 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 whether they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
8The employer has given the Board notice under section 8.1 of the Act that it disagrees with the union’s estimate of the number of individuals in the bargaining unit included in the application for certification. However, in view of the employer’s agreement that the ballots cast in the representation vote be counted there will be no order directing that the ballot box be sealed.
9The intervenor alleges unfair labour practices in respect of this application. Further, the intervenor has filed submissions that the application be dismissed or alternatively that the ballot box be sealed 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 these requests.
10The intervenor further submits that the application ought to be dismissed because the applicant did not adhere to the Board’s Rules of Procedure. The Board has considered the submissions and at best finds the alleged breach of a minor technical nature and not prejudicial. In the circumstances, the Board is not prepared to dismiss the application based on these submissions.
11The intervenor submits that the applicant does not have membership evidence on behalf of forty per cent of the employees in the bargaining unit and relies on sections 7(4), 8(2), 8.1 and 9 of the Labour Relations Act and therefore requests that the application should be dismissed or in the alternative the ballot box be sealed. The Board has considered such submissions and finds it is not prepared to accede to either request. The Board has found in paragraph 3 that based on the information filed by the applicant not less than forty per cent of the individuals in the bargaining proposed in the application were members of the applicant union at the time the applicant was made. The Board has further determined under paragraph 8 concerning the employer’s application pursuant to section 8.1, given the employer’s agreement, that there would be no order directing that the ballot box be sealed.
12The 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.
13Any 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).
14The matter is referred to the Registrar.
“Timothy W. Sargeant”
for the Board