1145-01-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Service Employees International Union Local 183, Responding Party Trade Union v. Quinte Healthcare Corporation, Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; July 26, 2001
1The style of cause is hereby amended to reflect the correct name of the responding party employer: "Quinte Healthcare Corporation".
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 183 (“the SEIU”), pursuant to agreements (“the Agreement”) concluded between them.
3Previous decisions were issued by the Board on July 18, 2001, July 20, 2001 and July 25, 2001.
4Notice 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.
5The employer takes no position on the holding of a representation vote, provided the vote is without prejudice to the employer’s right to dispute the legal effect of a majority. There has been no objection from any other 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, and pursuant to the provisions of section 68(2) of the Act, a representation vote will be held to inform the Board of employee wishes as regards the CAW-Canada and the SEIU.
6The substantive issues the employer has raised in its response concerning this application and the scope of section 68 of the Act can be addressed at the hearing of this matter, which will follow the representation vote.
7To this end a representation vote will be taken of the individuals in the following voting constituency:
all employees of the Quinte Healthcare Corporation in the City of Belleville, County of Hastings, County of Prince Edward, and City of Quinte West save and except professional medical staff, registered and graduate nurses, paramedical employees, office and clerical employees, supervisors, managers and forepersons, persons above the rank of supervisor, manager and forepersons, chief engineer, stationary engineers, employees regularly employed for not more than twenty-four (24) hours per week, and students employed during the summer vacation period.
8The vote will be held on July 30, 2001. Other vote arrangements will be as directed by the Registrar and set out on the attached “Notice of Vote”.
9All the individuals in the voting constituency who had an employment relationship with the employer on July 17, 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.
10Voters 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.
11A 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.
12Any 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.
13The matter is referred to the Registrar.
“Christopher J. Albertyn”
for the Board