Ontario Labour Relations Board
1173-01-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. Stirling Manor Nursing Home, Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; August 22, 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.
2Previous decisions were issued by the Board on July 20, 2001, July 24, 2001 and July 27, 2001.
3Pursuant to the Board’s direction a representation vote was taken on July 31, 2001.
4No representations were filed with the Board within the time fixed following the taking of the representation vote.
5On 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 SEIU.
6Having regard to the material before it, particularly the Agreement, the Board hereby declares that the CAW-Canada has not acquired the collective bargaining rights, privileges and duties of the SEIU of jurisdiction in respect of the employees in the following bargaining unit:
all employees of the employer in the Village of Stirling, Ontario, save and except Office and Clerical staff, Supervisors, persons above the rank of Supervisor, and persons covered by subsisting Collective Agreements.
7Accordingly, the SEIU continues to be the bargaining agent of the employees in the bargaining unit. The CAW-Canada’s successor rights application is dismissed.
8The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
9A 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