Ontario Labour Relations Board
1202-01-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. Winston Park Retirement Home, Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; July 24, 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. The application date is July 23, 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.
The individuals affected by this application are those in the following bargaining unit (“the bargaining unit”):
all retirement home employees of Winston Park Retirement Home, carrying on business as the Village of Winston Park, in the City of Kitchener, save and except supervisors, persons above the rank of supervisor, graduate and registered nurses, office and clerical staff, and persons for whom any Trade Union held bargaining rights as of December 6, 1994.
Clarity Note:
For purposes of clarity, the Board notes the parties agreement that the Director of Food Services, Administrator, Director of Activation, Director of Resident Care and Assistant Director of Resident Care are persons above the rank of supervisor.
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.
To that end, the employer and any interested employees are directed to advise the Board by 5:00 p.m. on July 25, 2001 whether they object to the abridgement of the time limit for the filing of responses and interventions. The SEIU has indicated it has no objection.
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 30, 2001 at 5:00 p.m.
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