Canadian Health Care Workers v. Clover Catering Division of 660910 Ontario Ltd.
File No.: 3058-99-R Date: January 19, 2000
Applicant: Canadian Health Care Workers Responding Party: Clover Catering Division of 660910 Ontario Ltd. at Clover Catering c.o.b. at Lincoln Place Nursing Home Intervenor: Hotel Employees Restaurant Employees Union, Local 75
Before: Anthony Brown, Vice-Chair
Decision of the Board
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 responding party agrees with the applicant’s estimate of the number of employees in the applicant’s proposed bargaining unit and with the applicant’s description of the bargaining unit. The responding party gives notice under section 8.1 of the Act but agrees that the ballots cast in the representation vote should be counted.
5The applicant’s proposed bargaining unit includes both full-time and part-time employees. The intervenor states that there are currently two bargaining units, one for full-time employees and one for part-time employees. Their descriptions are as follows:
Full-time
all employees of Clover Catering Division of 660910 Ontario Ltd. at Clover Catering c.o.b. at Lincoln Place Nursing Home, 429 Walmer Road in the Municipality of Toronto, save and except supervisors and those above the rank of supervisor, office and accounting staff, employees regularly employed for not more than 24 hours per week and students employed during the school vacation period.
Part-time
all employees of Clover Catering Division of 660910 Ontario Ltd. at Clover Catering: Lincoln Place Nursing Home, regularly employed for not more than twenty-four (24) hours per week at 429 Walmer Road in the Municipality of Metropolitan Toronto, save and except supervisors, persons above the rank of supervisor, office and clerical staff.
6The collective agreements for both of the existing bargaining units commenced on March 1, 1997 and expire on February 28, 2000. It therefore appears that this displacement application is timely.
7The Board finds that the bargaining unit described in the application could be appropriate. The Board makes no determination at this point about which bargaining unit or units are appropriate.
8The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Clover Catering Division of 660910 Ontario Ltd. at Clover Catering c.o.b. at Lincoln Place Nursing Home, 429 Walmer Road in the Municipality of Toronto, save and except supervisors and those above the rank of supervisor, office and accounting staff, and students employed during the school vacation period.
9The vote will be held on January 21, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
10All individuals who had an employment relationship with the responding party in the voting constituency on January 14, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on January 14, 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.
11The Board directs that any individual in the voting constituency who wishes to cast a ballot shall first identify himself or herself as being (as of the date of application) a member of the part-time unit or the full-time unit. Ballots cast by individuals in the part-time unit shall be segregated and counted separately from ballots cast by individuals in the full-time unit.
12Voters 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.
13The intervenor alleges improper employer involvement in this application and requests that the ballot box be sealed until this issue is heard by the Board. Without commenting on the merits of these allegations, the Board declines to seal the box.
14The 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.
15Any 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).
16The matter is referred to the Registrar.
“Anthony Brown”
for the Board