Saint Elizabeth Health Care Supportive Care Workers of Huron County v. Service Employees International Union Local 210
File No.: 0429-01-R Date: May 8, 2001
Applicant: Saint Elizabeth Health Care Supportive Care Workers of Huron County Responding Party: Service Employees International Union Local 210 Intervenor: St. Elizabeth Health Care
Before: Bram Herlich, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD
1This is an application to terminate bargaining rights.
2The parties agree that the application is timely.
3The Board has reviewed the materials filed in support of the application and is unable to conclude that 40 per cent or more of the employees in the bargaining unit appear to have expressed a wish not to be represented by the responding party trade union. Accordingly, the application must be dismissed.
4For the benefit of the applicant, the Board will explain why it is unable to conclude that the requisite number of bargaining unit employees appear to have expressed a wish not to be represented by the union.
5The principal materials filed in support of the application consist of four pages stapled together.
6The first page is headed with a preamble which clearly supports the conclusion that the signatures following it represent employees who have expressed a wish not to be represented by the union. A number of signatures (but clearly significantly less than 40 per cent of bargaining unit employees) follow bearing individual dates ranging from February 6, 2001 to April 26, 2001.
7The next three pages each include the identical bare heading, namely “Petition (Page 2)”. Apart from that heading, each of those three pages contains names and signatures bearing dates ranging from March 29, 2001 to April 29, 2001.
8In view of the lack of any indication on any of those pages as to what it was the signatories were signing their names to and in view of the dates of the signatures (a number of which predate the last signature found on the first page), the Board is unable to conclude that these latter three pages constitute evidence that the signatories have expressed a wish not to be represented by the union.
9We make no comment about the applicant’s ability to file a fresh and properly supported application. However, this application is dismissed.
“Bram, Herlich”
for the Board