0498-01-R Saint Elizabeth Health Care Supportive Care Workers of Huron County, Applicant v. Service Employees International Union, Local 210, Responding Party v. Saint Elizabeth Health Care, Intervenor.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF CAROLINE ROWAN, VICE-CHAIR AND BOARD MEMBER
J. A. RONSON; May 15, 2001
The 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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
On November 8, 1999, the responding party was certified as the bargaining agent for the employees of Saint Elizabeth Health Care in the following bargaining unit:
all employees of Saint Elizabeth Health Care in Huron County, save and except supervisors, persons above the rank of supervisor, registered nurses and registered practical nurses working in a nursing capacity, paramedical employees and office and clerical workers.
As of the date of the filing of this application, no collective agreement has been made. Having regard to the provisions of section 63(1) of the Act, the Board finds that this application is timely.
It 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.
The responding party seeks a dismissal of the application without a vote under section 63(16) of the Act. Having considered the representations made in support of the request, the Board considers it appropriate to deal with the issues raised by the responding party at a hearing after the vote, if necessary. The Board also declines to seal the ballot box in the circumstances.
The Board directs that a representation vote be taken of the employees of Saint Elizabeth Health Care employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on May 10, 2001, the application filing date, will be eligible to vote.
The vote will be held on May 23, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Saint Elizabeth Health Care.
The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to the "Notice to Employees of Application for Termination of Bargaining Rights". These copies must remain posted for 30 days.
Any 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).
The matter is referred to the Registrar.
“Caroline Rowan”
for the majority
DECISION OF BOARD MEMBER D. A. PATTERSON; May 15, 2001-05-15
I would have sealed the ballot box until such time as the Board has dealt with the section 63(16) charges.
“D. A. Patterson”