Canadian National Federation of Independent Unions v. Providence Continuing Care Centre Providence Manor Site
File No.: 0361-00-R Date: June 12, 2000
Before: Brian McLean, Vice-Chair, and Board Members J. A. Rundle and D. A. Patterson.
Decision of the Board
1This is a displacement application for certification.
2The style of cause is hereby amended to reflect the correct name of the responding party: "Providence Continuing Care Centre Providence Manor Site".
3A representation vote was held in this matter on May 10, 2000 pursuant to a Board order dated May 8, 2000.
4Following the taking of the representation vote, the only outstanding issue was whether the applicant is a trade union under the Labour Relations Act, 1995 ("the Act"). In support of its position that it is a trade union, the applicant filed with the Board a copy of its constitution and minutes of a meeting where the constitution was adopted and where officers were elected and appointed. From the constitution filed, it appears that one of the purposes for which the applicant was formed is the regulation of relations between employees and employers. The responding party takes no position on whether the applicant is a trade union, and has agreed that the issue can be determined without a hearing.
5Under the circumstances, the Board is satisfied that the applicant has trade union status.
6Having regard to the agreement of the parties, the Board further finds that:
all employees of Providence Continuing Care Centre Providence Manor Site 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,
constitute a unit of employees of the responding party appropriate for collective bargaining.
7On 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.
8A certificate will issue to the applicant.
9The 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.
10Meeting and hearing dates set previously are hereby cancelled.
11The 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.
"Brian McLean"
for the Board