Extendicare (Canada) Port Stanley v. Service Employees International Union, Local 220 Registered Nurses (Full-Time)
File No.: 0447-01-R Date: May 10, 2001
Extendicare (Canada) Port Stanley, Applicant v. Service Employees International Union, Local 220 Registered Nurses (Full-Time), Responding Party v. Extendicare/Port Stanley, Intervenor.
BEFORE: Bram Herlich, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2This application was filed on May 7, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Extendicare/Port Stanley, with an effective date of January 19, 1990, until June 30, 2001. The bargaining unit description in that collective agreement is as follows:
all registered nurses employed in a nursing capacity by Extendicare at Port Stanley, Ontario, save and except head nurse, persons above the rank of head nurse, office staff and registered nurses regularly employed for not more than 24 hours per week.
Clarity Note: The formal title for “head nurse” as set out above is “nursing supervisor”.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
3It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
4The Board directs that a representation vote be taken of the employees of Extendicare /Port Stanley employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on May 7, 2001, the application filing date, will be eligible to vote.
5The vote will be held on May 14, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
6Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Extendicare/Port Stanley.
7The Board notes that the responding party trade union has indicated that it seeks to have this application dismissed pursuant to section 63(16) of the Act. This issue can be dealt with subsequent to the vote.
8The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. These copies must remain posted for 30 days.
9Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, 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. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 5: Status Disputes in Termination Applications (Non-Construction).
10The matter is referred to the Registrar.
“Bram Herlich”
for the Board