Canadian People’s Labour Union v. Central Park Lodge Hanover c.o.b. Saugeen Villa
2625-01-R Canadian People’s Labour Union, Applicant v. Central Park Lodge Hanover c.o.b. Saugeen Villa, Responding Party v. Service Employees International Union, Local 220, Intervenor.
BEFORE: Christopher J. Albertyn, Vice‑Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; December 21, 2001
1This is a displacement application for certification under the Labour Relations Act, 1995, as amended (“the Act”).
2The applicant has not proved trade union status within the meaning of section 1(1) of the Act. The applicant claims to have sent the following documents in order to establish its trade union status: a posting of a membership meeting; Minutes of that meeting and the applicant’s constitution and bylaws. None of these documents have been received by the Board. It appears they have also not been delivered to the responding employer and the intervenor. The applicant is directed forthwith to provide the Board, the responding party and the intervenor with the necessary documents. The question of the applicant’s status needs to the determined by the Board.
3The employees are currently represented by the intervenor.
4It 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. Further, this application appears to be timely.
5The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all the employees, including students employed during the school vacation period in the Nursing Home of Central Park Lodges c.o.b. as The Village Senior’s Community – Saugeen Villa Nursing Home, at Hanover, save and except supervisors, persons above the rank of supervisor, activation manager, office and clerical staff, registered and graduate nurses, persons employed in the Retirement Home.
6The vote will be held on December 27, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
7All individuals who had an employment relationship with the responding party in the voting constituency on December 14, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on December 14, 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.
8Voters will be asked to indicate whether they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
9The ballot box will be sealed and the ballots will not be counted until such time as the applicant has proved trade union status, or the parties agree.
10The 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.
11Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, 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).
12The matter is referred to the Registrar.
“Christopher J. Albertyn”
for the Board