1553-00-R National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. Wilson Memorial Hospital (Full Time Unit), Responding Party v. Service Employees International Union, Local 268, Intervenor.
BEFORE: Anthony Brown, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF ANTHONY BROWN, VICE-CHAIR AND BOARD MEMBER R. R. MONTAGUE; August 29, 2000
This is a displacement application for certification.
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”).
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.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Wilson Memorial General Hospital, in the District of Thunder Bay, in the classifications listed on Schedule “A” of the full-time collective agreement between the Hospital and SEIU Local 268, save and except supervisors, persons above the rank of supervisor, professional medical staff, graduate nursing staff, undergraduate nurses, graduate pharmacists, under-graduate pharmacists, graduate dietitians, student dietitians, technical personnel, office and clerical staff, those covered by subsisting Collective Agreements, persons regularly employed for not more than twenty-two and one-half hours per week, ambulance drivers who function on a voluntary basis, laboratory technicians, assistant laboratory technicians, X-ray technicians and students employed during the school vacation period.
The vote will be held on August 31, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
All individuals who had an employment relationship with the responding party in the voting constituency on August 24, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on August 24, 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.
Voters will be asked to indicate whether or not they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
The intervenor has filed submissions that the application should be dismissed because of an alleged breach of an Order of the Superior Court of Justice and because of a breach of the Constitution of the Canadian Labour Congress. The Board has considered similar submissions in previous decisions and did not agree with the intervenor’s position. The Board in this instance having considered the submissions of the intervenor is not prepared to accede to the request that a vote not be held.
The 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 finds the alleged breach of a minor technical nature. In the circumstances, the Board is not prepared to dismiss the application based on these submissions. The intervenor notes that the applicant has failed to fill out Form C-1 correctly even after the intervenor has noted the same technical deficiencies in previous, similar applications. If Form C-1 has in fact not been correctly completed, the Board is concerned that the applicant may be continuing to contravene the Rules of Procedure. The applicant is reminded that forms are to be completed in the correct manner, as is required and expected of any party.
The intervenor has also submitted that the application should be dismissed as being untimely pursuant to section 7(4) of the Act. In the circumstances, the Board directs that the ballot box from the representation vote be sealed. The ballots will not be counted until the Board so orders or the parties agree.
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.
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).
The matter is referred to the Registrar.
“Anthony Brown”
for the majority
DECISION OF BOARD MEMBER J. A. RONSON; August 29, 2000
- In the circumstances raised by this case, I would not order a vote until the timeliness issues raised by the intervenor have been resolved.
“J. A. Ronson”