National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 210
File No.: 1074-01-R Date: July 16, 2001
Before: Christopher J. Albertyn, Vice‑Chair
Decision of the Board
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 12, 2001. There has been no objection from the SEIU to the proposed abridgement of the times for filing responses and interventions. The SEIU has filed its response.
3There have been objections to the proposed abridgement from the responding party employer (‘the employer’) and from the Ontario Public Servant Employees Union (‘OPSEU’). OSPEU, supported by the employer, claims to have an interest in the outcome of this matter because it, the employer and the SEIU are party to an application under the Public Sector Labour Relations Transition Act, 1997 with respect to the laboratory program transfers between the employer and Hotel Dieu Grace Hospital. That matter is being dealt with in Board File No. 0158-01-PS (‘the PSLRT application’). OPSEU claims it needs the usual time limits for the filing of an intervention to enable it to assess the situation. The employer says that this application should be dealt with by the Board at the same time as the PSLRT application.
4CAW-Canada replies by pointing out that the PSLRT application is not affected by this application. As it says, if the CAW-Canada is successful in the representation vote [with the SEIU], it will step into the shoes of the SEIU with regard to the PSLRT application. If not, then the SEIU will remain the party to the PSLRT application.
5The Board accepts the CAW-Canada’s submission. OPSEU’s rights under the PSLRT application appear not to be affected by this application. There seems no good reason why the proposed representation vote, supported by the CAW-Canada and the SEIU, should not proceed as expeditiously as possible. Accordingly, the time for the filing of responses and interventions is hereby abridged until 5:00 p.m. on July 18, 2001.
6The Board is not persuaded that this application should be delayed in order that it be dealt with at the same time as the PSLRT application.
7By 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.
8The 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 given its proposals.
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.
“Christopher J. Albertyn”
for the Board