National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 11754

Ontario Labour Relations Board

0971-01-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. London Health Sciences Centre, Responding Party Employer.

BEFORE: Christopher J. Albertyn, Vice‑Chair.

DECISION OF THE BOARD; September 19, 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. Previous decisions were issued by the Board on July 11, 2001, July 13, 2001 and July 19, 2001.

3. Pursuant to the Board’s direction a representation vote was taken on July 26, 2001.

4. No representations were filed with the Board within the time fixed following the taking of the representation vote.

5. On 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.

6. Having 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 full time, regular part time, and casual employees, who are employed by London Health Sciences Centre in the City of London within the job classifications contained in “Schedule A – Wage Rates” forming part of the current collective agreement.

“Schedule A – Wage Rates” include: Weekend Caretaker-Vivarium, Serv., Equipment Attendant-OR Porter, Dietary Worker, Housekeeping Worker, Food Service Worker, Linen Worker, Cable Installer, Therapy Aide, Storeskeeper, Pharmacy Distribution Assistant, Respiratory Therapy Attendant, Vivarium Services Attendant, Storeskeeper/Receiver, Sterile Processing Aide, OR Instrument Supply Attendant, Orderly, Equipment Repair Attendant, Patient Services Associate, Technical Services Associate, Cook II Non Certified, Pharmacy Storeskeeper/Receiver, Cook, Baker, Driver, Mechanic I, Dialysis Technician, Vivarium Services Technician, Orthopaedic Technician, O.T./P.T. Assistant, Locksmith, 4^th Class Engineer, OR Technician, RPN, Advanced Orthopaedic Technician, Painter, Carpenter, Plasterer, 3^rd Class Engineer, Building Engineer, 2^nd Class Engineer, Plumber, Electrician, Steam Fitter, Sheet Metal Worker, Refrigeration & Air Condition, Mech. and Millwright.

Clarity Note: The following classifications are not included in the bargaining unit: Pharmacy Technicians, Physiotherapy Assistants and Occupational Therapy Assistants.

7. The SEIU is no longer the bargaining agent for that bargaining unit.

8. The 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.

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. The posting is to last for a period of 30 days.

“Christopher J. Albertyn”

for the Board