National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220
File No.: 1038-01-R Date: July 16, 2001
Applicant: National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) Responding Party Trade Union: Service Employees International Union Local 220 Responding Party Employer: St. Thomas-Elgin General Hospital
Before: Christopher J. Albertyn, Vice-Chair
DECISION OF THE BOARD
1The style of cause is hereby amended to reflect the correct name of the responding party employer: "St. Thomas-Elgin General Hospital".
2This 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.
3Previous decisions were issued by the Board on July 9, 2001 and July 11, 2001.
4Notice of this application has been sent to the responding party employer ("the employer") and the SEIU. In addition, notices of the application and copies of the Board's decisions have been posted on the employer's premises in conspicuous places where they would most likely have come to the attention of individuals potentially affected by this application.
5The employer objects to this application on a number of grounds. It contends that the CAW-Canada is not a successor to the SEIU and that the application be dismissed. The employer submits that the Board has no jurisdiction to order the representation vote sought by the CAW-Canada and the SEIU.
6In light of the Agreement, the Board is not persuaded that the representation vote contemplated in the Agreement should be delayed until a hearing of the issues raised by the employer have been dealt with. The representation vote will proceed, and the matters raised by the employer can be dealt with at the hearing which will follow.
7From the materials filed, the SEIU appears to have consented to the successorship of the CAW-Canada, subject to an important condition: that the CAW-Canada show itself, in a representation vote, to have the majority support of the employees in the bargaining unit. To that end, the Board is satisfied that a representation vote should be held to determine employee support for either the CAW-Canada or the SEIU.
8A representation vote will be taken of the individuals in the following voting constituency:
employees of the St. Thomas-Elgin General Hospital at St. Thomas regularly employed for not more than twenty-four (24) hours per week, students employed during the school vacation period and persons employed for the vacation period save and except professional medical staff, graduate nursing staff, undergraduate nurses, graduate pharmacists, graduate dietitians, student dietitians, technical personnel, supervisors, persons above the rank of supervisor and office and security staff.
9The vote will be held on July 23, 2001. Other vote arrangements will be as directed by the Registrar and set out on the attached "Notice of Vote".
10All the individuals in the voting constituency who had an employment relationship with the employer on July 6, 2001, the successor rights application date, are eligible to vote. Employees having an employment relationship on that date include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
11Voters will be asked to indicate whether they wish to be represented by the CAW-Canada or by the SEIU in their employment relations with the employer.
12A 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.
13Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the CAW-Canada's successor rights application, 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.
14The matter is referred to the Registrar. An early date should be scheduled for the hearing of this matter following the representation vote and the time for the filing of representations. I am seized.
"Christopher J. Albertyn"
for the Board