Ontario Labour Relations Board
1788-01-R Canadian Union of Public Employees, Applicant v. Trafalgar Lodge, Responding Party v. Mister D. Health Management & Consulting Inc., Intervenor #1 v. Canadian Health Care Workers, Intervenor #2.
BEFORE: Mary Anne McKellar, Vice-Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; October 9, 2001
Decision
1This is an application for certification. It was filed with the Board on September 27, 2001.
2In its decision dated October 2, 2001, the Board wrote:
It appears that the Canadian Health Care Workers may have an interest in this matter. The Board directs that that trade union be given notice of the application. If it wishes to file any materials with respect to this matter it should do so by 5:00 p.m. Thursday October 4, 2001.
3The Canadian Health Care Workers (Intervenor #2) filed an intervention within the time prescribed by the Board's decision of October 2, 2001. Intervenor #2 took the position that the application was untimely having regard to a voluntary recognition agreement it had entered into with Intervenor #1.
4By decision dated October 5, 2001, the Board directed that a representation vote be held on October 10, 2001. Having regard to the outstanding issues between the parties, which the Board specifically identified as including the validity of the voluntary recognition agreement between Intervenor #1 and Intervenor #2, the Board ordered that the ballot box be sealed and the ballots not counted until the Board orders or the parties agree.
5By facsimile transmission received by the Board at 13:41 on October 9, 2001, counsel for Intervenor #2 advised that he had received instructions to request reconsideration of the Board's decision directing the vote and requested that the Board "delay the vote until such time as it has had the opportunity to consider the Application for Reconsideration of Canadian Health Care Workers in the normal course. There is simply no urgency associated with this matter requiring the vote to take place on such short notice."
6In all of the above circumstances, and mindful of section 8(5) of the Labour Relations Act, 1995, which provides that representation votes shall occur within five days of the date of application unless the Board otherwise orders, the Board declines Intervenor #2's request to delay the vote on the grounds set out in its correspondence dated October 9, 2001.
"Mary Anne McKellar"
for the Board