Christian Labour Association of Canada v. York Central Hospital
1606-01-R Christian Labour Association of Canada, Applicant v. York Central Hospital, Responding Party.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; September 12, 2001
This is an application for certification.
The Registrar has certified that the applicant had been found to be a trade union in an earlier proceeding under the Labour Relations Act, 1995 (the “Act”). Therefore, having regard to the Registrar’s certificate and section 113 of the Act, the Board finds that the applicant is a trade union within the meaning of section 1(1) of the Act.
It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
The responding party disputes the applicant's estimate of the number of employees in the applicant's proposed bargaining unit. Furthermore, the responding party proposes a different bargaining unit than that proposed by the applicant and it contends that the applicant's bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act.
After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that the numerical difference between the parties is not significant. The applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote and having that vote counted.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all technicians, transporters, food service attendants, environmental attendants, unit assistants, pathologist assistants, laboratory assistants, ECG assistants, electricians, maintenance mechanics, painters, plumbers, patient care assistants, dialysis assistants, instrument technicians, emergency assistants and operating room assistants employed by York Central Hospital at 10 Trench Street in Richmond Hill, save and except for supervisors and persons above the rank of supervisor.
The vote will be held on September 14, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
All individuals who had an employment relationship with the responding party in the voting constituency on September 6, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on September 6, 2001, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
There is a dispute between the parties as to whether or not the positions of technicians, transporters, food service attendants, environmental attendants, unit assistants, pathologist assistants, laboratory assistants, ECG assistants, patient care assistants, dialysis assistants, instrument technicians, emergency assistants and operating room assistants should be included in the bargaining unit.
There may be a dispute between the parties as to whether professionals, students, part-time employees and the position of carpenter should be included in the bargaining unit. There may also be a dispute between the parties concerning the level at which management exclusions should be determined (the applicant refers to the position of building superintendent; the responding party to supervisor).
If any individual holding a disputed position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
In light of the positions of the parties in this matter, the ballots cast by individuals occupying the positions of painter, plumber, electrician and maintenance mechanic shall be segregated and counted.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
The Board notes that there is no completed Confirmation of Posting in this file. To the extent the responding party failed to make and post copies of the Application for Certification (Form A-1) and/or the Notice to Employees of Application for Certification (Form C-2) as directed by the Registrar in Confirmation of Filing of Application for Certification dated September 7, 2001, it is directed to do so immediately. These copies must remain posted for a period of 30 days. The responding party is further directed to file with the Board a completed Confirmation of Posting verifying that the above-mentioned copies have been posted appropriately, and to do so before 12:00 p.m. on September 13, 2001.
The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the Forms referred to in paragraph 14 above. 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 certification, including any matters relating to the representation vote, 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. 4: Status Disputes in Certification Applications (Non-Construction).
The matter is referred to the Registrar.
“Patrick Kelly”
for the Board