Court File and Parties
File No.: 1202-01-R Date: September 19, 2001 Ontario Labour Relations Board
Applicant: National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) Responding Party Trade Union: Service Employees International Union Local 220 Responding Party Employer: Winston Park Retirement Home Intervenor: Canadian Health Care Workers
Before: Christopher J. Albertyn, Vice-Chair.
Decision of the Board
1This 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.
2Previous decisions were issued by the Board on July 24, 2001, July 26, 2001, July 31, 2001 and August 3, 2001.
3Pursuant to the Board’s direction a representation vote was taken on August 8, 2001.
4No representations were filed with the Board within the time fixed following the taking of the representation vote.
5On 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.
6Having 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 retirement home employees of Winston Park Retirement Home, carrying on business as the Village of Winston Park, in the City of Kitchener, save and except supervisors, persons above the rank of supervisor, graduate and registered nurses, office and clerical staff, and persons for whom any Trade Union held bargaining rights as of December 6, 1994.
Clarity Note:
For purposes of clarity, the Board notes the parties agreement that the Director of Food Services, Administrator, Director of Activation, Director of Resident Care and Assistant Director of Resident Care are persons above the rank of supervisor.
7The SEIU is no longer the bargaining agent for that bargaining unit.
8The 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.
9A 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