Ontario Labour Relations Board
Between: National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Service Employees International Union Local 210, Responding Party Trade Union v. Pinecrest Manor Nursing Home, Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; July 27, 2001
Decision
1This 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. The application date is July 25, 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.
2The individuals affected by this application are those in the following bargaining unit (“the bargaining unit”):
all employees of Pinecrest Manor Nursing Home in Lucknow, Ontario, save and except Professional Medical Staff, Registered Nurses, Graduate Nurses, Physiotherapists, Occupational Therapists, Supervisors, persons above the rank of Supervisor, and office staff.
3Under 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.
4To that end, the SEIU, the employer and any interested employees are directed to advise the Board by 5:00 p.m. on July 30, 2001 whether they object to the abridgement of the time limit for the filing of responses and interventions.
5If 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 August 2, 2001 at 5:00 p.m.
6A 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