Southwestern Ontario Health Care and Service Workers Local 303, CLAC v. Children’s Village Daycare Centre
1838-01-R Southwestern Ontario Health Care and Service Workers Local 303, CLAC, Applicant v. Children’s Village Daycare Centre, Responding Party.
BEFORE: Mary Anne McKellar, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; October 9, 2001
Decision
This is an application for certification.
The applicant has not previously been found to be a trade union within the meaning of section 1(1) of the Act, but has filed with the Board and delivered to the other party copies of material upon which it intends to rely in establishing that it is a trade union within the meaning of the Act. The applicant is directed to file with the Board and deliver to the other party any additional material it intends to rely on for this purpose by October 16, 2001. The responding party is directed to file and deliver any responding submissions with respect to the trade union status of the applicant by October 23, 2001.
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 Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of the Children’s Village of Essex-Kent in the Municipality of Chatham-Kent, save and except supervisors, persons above the rank of supervisor, office and clerical staff.
The vote will be held on October 11, 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 October 3, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on October 3, 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.
The responding party disagrees with the applicant’s proposed bargaining unit description, noting that “Children’s Village Daycare of Essex-Kent is not the correct name of the entity”. If any individual in dispute as a result of this difference 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.
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 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 "Notice to Employees of Application for Certification". 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, other than status disputes, 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.
“Mary Anne McKellar”
for the Board