1203-01-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. Diversicare VI Limited Partnership Inc. c.o.b. Chelsey Park Retirement Community – Apartment Complex/Retirement Home, Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; August 1, 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 220 (“the SEIU”), pursuant to agreements (“the Agreement”) concluded between them.
Previous decisions were issued by the Board on July 25, 2001, July 26, 2001 and July 27, 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 and pursuant to the provisions of section 68(2) of the Act, the Board is satisfied that a representation vote will assist the Board 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 Registered Practical Nurses employed as such by Diversicare VI Limited Partnership Inc. c.o.b. Chelsey Park Retirement Community – Apartment Complex/Retirement Home at its apartment complex in London, Ontario, save and except supervisors, persons above the rank of supervisor, office and clerical staff, graduate nurses, and persons covered by subsisting collective agreements.
The vote will be held on August 9, 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 23, 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