Ontario Labour Relations Board
1246-01-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Service Employees International Union Local 210, Responding Party Trade Union v. Devonshire Seniors Residence, Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; July 31, 2001
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 210 (“the SEIU”), pursuant to agreements (“the Agreement”) concluded between them.
2A previous decision was issued by the Board on July 27, 2001.
3The responding employer (“the employer”) has objected to the abridgement of the time limit for the filing of responses and interventions. No explanation has been provided by the employer as to why it objects to the abridgement. The Board has indicated that it will likely order a representation vote in this matter to determine employee wishes as regards their collective representation. Representation votes should be held soon after they are expected by the interested parties.
4There has been no objection by the SEIU to the abridgement of the time limits. It has in fact filed its response.
5In the absence of an explanation as to why the usual time limits should not be abridged, given the likelihood of the Board ordering a representation vote following receipt of any responses or interventions, the matter should be dealt with expeditiously. The time for the filing of responses and interventions is hereby abridged until 5:00 p.m. on August 2, 2001.
6By the response date the employer is directed to provide the Registrar, the CAW-Canada and the SEIU with the names and positions of all employees in the bargaining unit. “Employees in the bargaining unit” are those individuals who had an employment relationship with the employer in the bargaining unit on the application date. It includes those who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
7The employer is directed to advise the Registrar by the response date of any proposals or suggestions it may have regarding arrangements for the representation vote which is likely to be ordered by the Board after the response date. The SEIU has already done so.
8A 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