1202-01-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. Winston Park Retirement Home, Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; July 26, 2001
[1]. This 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.
[2]. A previous decision was issued by the Board on July 24, 2001.
[3]. There has been no objection from the SEIU or from any interested employee to the abridgement of the time limits for the filing of responses and interventions following that decision. The SEIU has, in fact, filed its response.
[4]. The employer has objected to an abridgement of the time limits. In the alternative, it has requested an extension of time for the filing of a response if the Board is inclined to grant the abridgement. The employer also has more substantial objections to the application. It seeks the dismissal of the application. The Board will consider those objections and the employer’s request that the application be dismissed without a representation vote upon receipt of the employer’s response.
[5]. The employer has indicated that it cannot respond to the application until it receives certain documents from the CAW-Canada. The CAW-Canada is directed to provide the employer’s counsel with a complete copy of the agreements concluded between it and the SEIU which give rise to this application. Such production must be made by Friday, July 27, 2001 at 5:00 p.m. The additional documents sought by the employer can be addressed between the employer and the CAW-Canada, failing which they can be dealt with by the Board at a later stage.
[6]. The time for the filing of the employer’s response, any other responses and interventions is hereby abridged until 5:00 p.m. on Tuesday, July 31, 2001.
[7]. By the response date the employer is directed to provide the Registrar, the CAW‑Canada and the SEIU with the names and positions of all employees in the bargaining unit. “Employees in the bargaining unit” are those individuals who had an employment relationship with the employer in the bargaining unit on the application date. It includes those who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
[8]. The employer and the SEIU are directed to advise the Registrar by the response date of any proposals or suggestions they may have regarding arrangements for the representation vote which may be ordered by the Board after the response date.
[9]. A 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.
“Christopher J. Albertyn”
for the Board