National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 268, 2001 CanLII 15080

Ontario Labour Relations Board

Parties

1016-01-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Service Employees International Union Local 268, Responding Party Trade Union v. The Corporation of the City of Thunder Bay operating as Thunder Bay Homes for the Aged, Responding Party Employer.

BEFORE: Christopher J. Albertyn, Vice‑Chair.

DECISION OF THE BOARD; August 2, 2001

Decision

1. 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 268 (“the SEIU”), pursuant to agreements (“the Agreement”) concluded between them.

2. Previous decisions were issued by the Board on July 5, 2001, July 9, 2001 and July 13, 2001.

3. Pursuant to the Board’s direction a representation vote was taken on July 19, 2001.

4. No representations were filed with the Board within the time fixed following the taking of the representation vote.

5. 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.

6. 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 Corporation of the City of Thunder Bay operating as Thunder Bay Homes for the Aged, in the classifications listed in Schedule “A” hereto annexed and forming part of this Agreement, save and except students employed for the school vacation period only. For the purpose of clarification, ‘school vacation period’, shall be from May 15^th until the day after Labour Day.

Clarity Note: Schedule “A” is attached to this Application, and includes the following positions: Housekeeping Aide rehab, Utility Person, Dietary Aide, Housekeeping Aide, Laundry Aide, Laundry Porter, Orderly Trainee, Seamstress, Potwasher, Messenger, Laundry Washer, Senior Laundry Washer, Health Care Aide, Orderly, Unit Support Worker, Senior Laundry Attendant, Assistant Cook, Third Cook, Second Cook, First Cook, Maintenance Person, Dietary Storekeeper Receiver, Storekeeper Cleaner Housekeeping, Non-registered Practical Nurse, Maintenance Engineer, Registered Practical Nurse, Therapeutic Recreationist. (Article 1.02 of the current collective agreement states “The parties agree that full-time and part-time employees will remain in and continue to negotiate as a single bargaining unit, but the terms and conditions for part time employees will be attached as an ‘addendum’ to the Collective Agreement.”)

7. The SEIU is no longer the bargaining agent for that bargaining unit.

8. 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.

“Christopher J. Albertyn”

for the Board