1016-01-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Service Employees International Union Local 268, Responding Party Trade Union v. The Corporation of the City of Thunder Bay operating as Thunder Bay Homes for the Aged, Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; July 13, 2001
The style of cause is hereby amended to reflect the correct name of the responding party employer: “The Corporation of the City of Thunder Bay operating as Thunder Bay Homes for the Aged”.
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 268 (“the SEIU”), pursuant to agreements (“the Agreement”) concluded between them.
Previous decisions were issued by the Board on July 5, 2001 and July 9, 2001.
Notice of this application has been sent to the responding party employer (“the employer”) and the SEIU. In addition, notices of the application and copies of the Board’s decisions have been posted on the employer’s premises in conspicuous places where they would most likely have come to the attention of individuals potentially affected by this application.
There has been no objection from any interested party or person to the holding of a representation vote. Accordingly, in accordance with the Agreement concluded between the CAW-Canada and the SEIU, the Board is satisfied that a representation vote is the appropriate means to determine whether the CAW-Canada should succeed the SEIU as the collective bargaining agent of the employees in the bargaining unit which is currently represented by the SEIU.
To this end a representation vote will be taken of the individuals in the following voting constituency:
all employees of the Corporation of the City of Thunder Bay employed in its Homes for the Aged in the City of Thunder Bay, in the classifications listed in Schedule “A” hereto annexed and forming part of this Agreement, save and except students employed for the school vacation period only. For the purpose of clarification, ‘school vacation period’, shall be from May 15th until the day after Labour Day.
Clarity Note: Schedule ‘A” is attached to this Application, and includes the following positions: Housekeeping Aide rehab, Utility Person, Dietary Aide, Housekeeping Aide, Laundry Aide, Laundry Porter, Orderly Trainee, Seamstress, Potwasher, Messenger, Laundry Washer, Senior Laundry Washer, Health Care Aide, Orderly, Unit Support Worker, Senior Laundry Attendant, Assistant Cook, Third Cook, Second Cook, First Cook, Maintenance Person, Dietary Storekeeper Receiver, Storekeeper Cleaner Housekeeping, Non-registered Practical Nurse, Maintenance Engineer, Registered Practical Nurse, Therapeutic Recreationist. (Article 1.02 of the current collective agreement states “The parties agree that full-time and part-time employees will remain in and continue to negotiate as a single bargaining unit, but the terms and conditions for part time employees will be attached as an ‘addendum’ to the Collective Agreement.”)
The vote will be held on July 19, 2001. Other vote arrangements will be as directed by the Registrar and set out on the attached “Notice of Vote”.
All the individuals in the voting constituency who had an employment relationship with the employer on July 4, 2001, the successor rights application date, are eligible to vote. Employees having an employment relationship on that 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 they wish to be represented by the
CAW-Canada or by the SEIU in their employment relations with the employer.
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. The posting is to last for a period of 30 days.
Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the CAW-Canada’s successor rights application, 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.
The matter is referred to the Registrar.
“Christopher J. Albertyn”
for the Board