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; September 24, 2001
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 13 (“the SEIU”), pursuant to agreements (“the Agreement”) concluded between them.
Previous decisions were issued by the Board on July 18, 2001, July 20, 2001, July 25, 2001and July 26, 2001.
Pursuant to the Board’s direction a representation vote was taken on July 30, 2001.
Objections previously raised to this application have been withdrawn.
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.
- 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 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.
The SEIU is no longer the bargaining agent for that bargaining unit.
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.
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.
The hearing scheduled for October 29, 2001 is cancelled.
“Christopher J. Albertyn”
for the Board