National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220
0971-01-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Service Employees International Union Local 220, Responding Party Trade Union v. London Health Sciences Centre, Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; July 19, 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 220 (“the SEIU”), pursuant to agreements (“the Agreement”) concluded between them.
2Previous decisions were issued by the Board on July 11, 2001 and July 13, 2001.
3Notice of this application has been sent to the responding party employer (“the employer”) and the SEIU. In addition, notices of the application and copies of the Board’s decisions have been posted on the employer’s premises in conspicuous places where they would most likely have come to the attention of individuals potentially affected by this application.
4The responding employer (“the employer”) objects to the holding of a representation vote in this matter. It presents several arguments as to why the application is not a proper section 68 application, why the Board has no jurisdiction to entertain it and why the Board cannot order a representation vote, such as is sought by the CAW-Canada and the SEIU. The SEIU has no objection to a representation vote being held, nor is there an objection from any employee.
5The employer’s arguments concerning the Board’s jurisdiction and the other matters it has raised can be addressed at the hearing of this matter.
6Despite the employer’s objection, though without determining the issue of whether the Board has jurisdiction to order a representation vote in this case, pursuant to the Agreement, a representation vote will be held to determine employee wishes as regards their collective representation.
7A representation vote will be taken of the individuals in the following voting constituency:
all full time, regular part time, and casual employees who are employed by London Health Sciences Centre in the City of London within the job classifications contained in “Schedule A – Wage Rates” forming part of the current collective agreement.
8The vote will be held on July 26, 2001. Other vote arrangements will be as directed by the Registrar and set out on the attached “Notice of Vote”.
9All the individuals in the voting constituency who had an employment relationship with the employer on June 28, 2001, the successor rights application date, are eligible to vote. Employees having an employment relationship on that date include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
10Voters will be asked to indicate whether they wish to be represented by the CAW-Canada or by the SEIU in their employment relations with the employer.
11A 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.
12Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the CAW-Canada’s successor rights application, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken.
13The matter is referred to the Registrar.
“Christopher J. Albertyn”
for the Board