2270-00-R Canadian Union of Public Employees, Applicant v. Caressant Care o/a Caressant Care Nursing Home, Responding Party.
BEFORE: Bram Herlich, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; November 7, 2000
[1]. This is an application for certification.
[2]. The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
[3]. It 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.
[4]. The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all Registered and Graduate Nurses employed by Caressant Care o/a Caressant Care Nursing Home in the Municipality of Lindsay, save and except Director of Nursing and persons above the rank of Director of Nursing.
[5]. The vote will be held on November 9, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
[6]. All individuals who had an employment relationship with the responding party in the voting constituency on November 2, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on November 2, 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.
[7]. Although the responding party employer appears to agree with both the bargaining unit proposed and the estimate of the number of employees in that unit, it has purported to provide notice under section 8.1. This is not a proper case for such notice.
[8]. Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
[9]. The 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.
[10]. Any 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).
[11]. The matter is referred to the Registrar.
“Bram Herlich”
for the Board