Ontario Labour Relations Board
1037-01-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. St. Thomas-Elgin General Hospital, Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; July 19, 2001
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 220 (“the SEIU”), pursuant to agreements (“the Agreement”) concluded between them.
A representation vote was ordered in a decision on July 16, 2001. The responding party employer (“the employer”) has inquired whether the ballots are to be counted, in light of its serious jurisdictional challenge to the application and the prejudice it alleges it will suffer if the ballots in the representation vote are counted. The CAW-Canada has responded.
Without taking any position on the employer’s jurisdictional challenge, or the CAW-Canada’s response, when the Board orders a representation vote and does not order that the ballot box be sealed, it is presumed that the ballots will be counted. The position is the same in this case. The ballots are to be counted so that the Board is informed of the affected employees’ wishes as regards their collective representation to the extent that is relevant to the Board’s determination.
A 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.
“Christopher J. Albertyn”
for the Board