National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220
1072-01-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. Central Park Lodges, Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; October 4, 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 210 (“the SEIU”), pursuant to agreements (“the Agreement”) concluded between them.
Previous decisions were issued by the Board on July 12, July 16 and July 20, 2001.
Pursuant to the Board’s direction a representation vote was taken on July 25, 2001.
On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the CAW-Canada.
Having regard to the provisions of the Agreement and pursuant to section 68 of the Act, the Board hereby declares that the CAW-Canada has acquired the collective bargaining rights, privileges and duties of its predecessor, the SEIU, by transfer of jurisdiction in respect of the employees in the following bargaining unit:
all employees at the Windsor facility, Windsor, Ontario, save and except Professional Nursing Staff (other than Registered Practical Nurses), Physiotherapists, Occupational Therapists, Graduate Pharmacists, Undergraduate Pharmacists, Graduate Dieticians, Undergraduate Dieticians, Technical Personnel, Stationary Engineers, Supervisors (including RPN Supervisors), the Companion Classification and persons above the rank of Supervisor and students employed during and for the months of June, July, August and September.
The SEIU is no longer the bargaining agent for that bargaining unit.
A 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.
“Christopher J. Albertyn”
for the Board