File Number and Parties
1073-01-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. Windsor Regional Hospital (General Service Unit), Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; July 17, 2001
Decision
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 13, 2001. There has been no objection from the SEIU to the abridgement of the time limits for the filing of responses and interventions. The SEIU has already filed its response. There has been an objection from the responding employer (‘the employer’). The basis of the objection is that the application contains a substantial amount of material, which must be reviewed before the employer can file its response.
3Subject to any submissions which might be made in a response or intervention, the Board accepts that a representation vote, such as is contemplated in the Agreement, is a suitable method to determine employees’ wishes as regards to this application. A representation vote should be held as expeditiously as possible. The reason given by the employer for the Board not abridging the time limits is not persuasive when compared to the need to have a representation vote as soon as possible. Accordingly, the time for the filing of responses and interventions is hereby abridged until 5:00 p.m. on July 19, 2001.
4By 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.
5The 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 responded.
6A 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.
“Christopher J. Albertyn”
for the Board