1176-01-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. Brown’s Automatic Vending (1975) Ltd. (Part Time Unit), Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; July 30, 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 183 (“the SEIU”), pursuant to agreements (“the Agreement”) concluded between them.
2A previous decision was issued by the Board on July 24, 2001.
3Following that decision the responding employer (‘the employer’) advised that it had one collective agreement with the SEIU, which contained a single bargaining unit of all employees. It had not received complete documentation from the CAW-Canada. As a result, it objected to the abridgement of time limits suggested in the previous decision.
4The CAW-Canada has advised the Board that it has provided the employer with the application. The employer is therefore in a position to file a response. The CAW-Canada has also provided the Board with a copy of the relevant extracts of the collective agreement between the employer and the SEIU. Although there is only one collective agreement it appear to apply to two distinct bargaining unit, one full-time, the other part-time. Accordingly the CAW-Canada’s full-time unit application will be dealt with as a separate application from its part-time application.
5There should not be delay between an application for a representation vote and its occurrence. A representation vote is necessarily somewhat disruptive of normal working arrangements and the sooner it occurs, once the Board’s heralds its likelihood, the better. No persuasive reasons have been advanced as to why the abridgement of the time limits for the filing of responses and interventions (raised in the Board’s previous decision) should not occur.
6There has been no objection to the proposed abridgement from the SEIU. It has, in fact, filed its response.
7The time for the filing of responses and interventions is hereby abridged until 5:00 p.m. on July 31, 2001.
8By 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 referred to in this application. “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.
9The employer is directed to advise the Registrar by the response date of any proposals or suggestions they may have regarding arrangements for the representation vote which is likely to be ordered by the Board after the response date.
10A copy of this decision is to be posted forthwith by the employer in prominent places in the workplace where it is likely to come to the attention of employees in the bargaining unit. It is to remain posted for a period of 30 days.
“Christopher J. Albertyn”
for the Board