Ontario Labour Relations Board

3865-00-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. The Women’s Christian Association of London (as the owner and operator of McCormick Home), Responding Party v. Service Employees International Union, Local 220, Intervenor.

BEFORE: Caroline Rowan, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.

DECISION OF THE BOARD; April 25, 2001

1. The style of cause is hereby amended to reflect the correct name of the responding party: "The Women’s Christian Association of London (as the owner and operator of McCormick Home)".

2. Pursuant to the Board's direction of April 3, 2001, a representation vote was taken on April 5, 2001.

2. No statement of desire to make representations has been filed with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the taking of the representation vote pursuant to the Board's direction of April 3, 2001.

6. Having regard to the agreement of the parties, the Board finds that:

all employees of The Women’s Christian Association of London (as the owner and operator of McCormick Home), save and except professional medical staff, graduate nursing staff, undergraduate nurses, graduate pharmacists, undergraduate pharmacists, graduate dietitians, student dietitians, persons engaged in research work, social workers, technical personnel, chief engineer, assistant chief engineer, supervisors, foremen, persons above the rank of supervisor or foreman, office and clerical staff and security guards.

Clarity Note: For the purposes of clarity, the term “technical personnel” includes graduate and undergraduate speech therapists, physiotherapists, occupational therapists, laboratory technologists, phlebotomists, radiology technologists, recreation co-ordinators and persons in training to become such therapists and technologists.

Further, for the purpose of clarity, the term “office and clerical staff” includes secretaries, accountants, staffing clerks, medical stenographers, payroll clerks, business office clerks, admitting clerks, receptionists, switchboard operators, cashiers and ward clerks,

constitute a unit of employees of the responding party appropriate for collective bargaining.

7. 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 applicant.

8. A certificate will issue to the applicant.

9. The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.

10. Meeting and hearing dates set previously are hereby cancelled.

11. The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.

“Caroline Rowan”

for the Board