Ontario Labour Relations Board

1016-01-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Service Employees International Union Local 268, Responding Party Trade Union v. Corporation of the City of Thunder Bay Homes for the Aged (Grandview Lodge, Dawson Court, Pioneer Ridge), Responding Party Employer.

BEFORE: Christopher J. Albertyn, Vice‑Chair.

DECISION OF THE BOARD; July 5, 2001

1. This 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 268 (“the SEIU”), pursuant to agreements (“the Agreement”) concluded between them. The application date is July 4, 2001. Notice of this application has been sent to the responding party employer (“the employer”) and the SEIU. In addition, notices in Form B‑15 have been sent to the employer for posting at the workplace(s) in conspicuous places where they would most likely come to the attention of any individual potentially affected by this application. In all cases, the notices specify that anyone desiring to make representations to the Board with respect to this application should send the Board a statement in writing within a period of 10 days of the date of the application.

2. The individuals affected by this application are those in the following bargaining unit (“the bargaining unit”):

all employees of the Corporation of the City of Thunder Bay employed in its Homes for the Aged in the City of Thunder Bay, in the classifications listed in Schedule “A” hereto annexed and forming part of this Agreement, save and except students employed for the school vacation period only. For the purpose of clarification, ‘school vacation period’, shall be from May 15^th until the day after Labour Day.

Clarity Note: Schedule ‘A” is attached to this Application, and includes the following positions: Housekeeping Aide rehab, Utility Person, Dietary Aide, Housekeeping Aide, Laundry Aide, Laundry Porter, Orderly Trainee, Seamstress, Potwasher, Messenger, Laundry Washer, Senior Laundry Washer, Health Care Aide, Orderly, Unit Support Worker, Senior Laundry Attendant, Assistant Cook, Third Cook, Second Cook, First Cook, Maintenance Person, Dietary Storekeeper Receiver, Storekeeper Cleaner Housekeeping, Non-registered Practical Nurse, Maintenance Engineer, Registered Practical Nurse, Therapeutic Recreationist. (Article 1.02 of the current collective agreement states “The parties agree that full-time and part-time employees will remain in and continue to negotiate as a single bargaining unit, but the terms and conditions for part time employees will be attached as an ‘addendum’ to the Collective Agreement.”)

3. Under the Agreement the CAW-Canada and the SEIU have agreed that the application will be determined by the result of a representation vote to be held among the employees in the bargaining unit. Given that agreement, the Board considers it may be prudent to abridge the usual time limit for the filing of responses and interventions so that the representation vote can occur promptly.

4. To that end, the SEIU, the employer and any interested employees are directed to advise the Board by 5:00 p.m. on July 6, 2001 whether they object to the abridgement of the time limit for the filing of responses and interventions.

5. If no objection is received to the abridgement suggestion, the Board will issue a further decision in which the time limit for receipt of any responses or interventions by the Board (with a copy to the applicant) will be July 11, 2001 at 5:00 p.m.

6. A copy of this decision is to be posted forthwith by the 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