1204-01-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Service Employees International Union Local 220, Responding Party Trade Union v. Diversicare VI Limited Partnership Inc. c.o.b. Chelsey Park Retirement Community – Apartment Complex/Retirement Home, Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; August 30, 2001
1The style of cause is hereby amended to reflect the correct name of the responding party employer: "Diversicare VI Limited Partnership Inc. c.o.b. Chelsey Park Retirement Community – Apartment Complex/Retirement Home".
2This is an application under section 68 of the Labour Relations Act, 1995 (“the Act”) for a declaration that the applicant (“CAW-Canada”) has acquired the rights, privileges and duties of a predecessor trade union, the Service Employees International Union, Local 220 (“the SEIU”), pursuant to agreements (“the Agreement”) concluded between them.
3Previous decisions were issued by the Board on July 25, 2001, July 27, 2001 and August 1, 2001.
4Pursuant to the Board’s direction a representation vote was taken on August 9, 2001.
5No representations were filed with the Board within the time fixed following the taking of the representation vote.
6On 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
CAW-Canada.
7Having regard to the material before it, particularly the Agreement and the provisions of section 68(2) of the Act, pursuant to section 68 of the Act, the Board hereby declares that the CAW-Canada has acquired the collective bargaining rights, privileges and duties of its predecessor, the SEIU, by transfer of jurisdiction in respect of the employees in the following bargaining unit:
all employees of the employer at its Apartment Complex in London, save and except supervisors, persons above the rank of supervisor, professional staff, office and clerical staff, persons regularly employed for not more than twenty-four (24) hours per week, students employed during the school vacation period and persons covered by subsisting collective agreements.
8The SEIU is no longer the bargaining agent for that bargaining unit.
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.
10A copy of this decision is to be posted forthwith by the responding party employer in prominent places in the workplace where it is likely to come to the attention of employees in the bargaining unit. The posting is to last for a period of 30 days.
“Christopher J. Albertyn”
for the Board