Ontario Labour Relations Board
0358-01-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Gibson Holdings(Ontario) Ltd. (Helen Henderson Care Centres), Responding Party v. Service Employees Interntional Union, Local 183, Intervenor.
BEFORE: Laura Trachuk, Vice-Chair, and Board Members J. A. Rundleand D. A. Patterson.
DECISION OF THE BOARD; May 2, 2001
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 responding party has given notice under section 8.1 of the Act. However it also says that it agrees with the applicant’s estimate of the number of individuals in the proposed unit. The pre-requisite for an objection under section 8.1 has therefore not been met.
45 The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Gibson Holdings (Ontario) Ltd. in Loyalist Township, save and except supervisors, persons above the rank of supervisor, office and clerical staff, registered and graduate nurses.
The vote will be held on May 4, 2001. 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 April 27, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on April 27, 2001, 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.
There may be a dispute between the parties as to whether or not registered practical nurses, maintenance staff and activities director should be included in the bargaining unit. If any individual holding such a position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
There is also a dispute as to whether employees employed in the provision of nursing home services should be in a separate bargaining unit from employees employed in retirement home services. The ballots of the employees in the two groups will therefore be collected in such a way that they may be counted separately or together.
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 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.
“Laura Trachuk”
for the Board