2032-01-R Service Employees International Union, Local 268, Applicant v. Victorian Order of Nurses, Thunder Bay and District Branch, Responding Party.
BEFORE: Christopher J. Albertyn, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; November 30, 2001
1The style of cause is hereby amended to reflect the correct name of the responding party: “Victorian Order of Nurses, Thunder Bay and District Branch”.
2This is a certification application under the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended ("the Act").
3In the Board’s decision ordering a representation vote in this matter the Board indicated that the applicant had not previously established trade union status. The applicant was required to file with the Board the material it wishes to rely upon in order to establish that status.
4The applicant has made submissions and provided the Board with a number of documents to establish its status as a trade union. Among the documents are the Constitution and Bylaws of the applicant, as amended until April 1997, and several collective agreements with various employers in the Districts of Rainy River, Kenora, Algoma and Thunder Bay.
5The Board is satisfied that the applicant has established trade union status within the meaning of section 1(1) of the Act.
6Having regard to the agreement of the parties, the Board further finds that:
all homemakers and personal support workers of the Victorian Order of Nurses, Thunder Bay and District Branch in the City of Thunder Bay, save and except supervisors and persons above the rank of supervisor,
constitute a unit of employees of the responding party appropriate for collective bargaining.
7On 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.
8A certificate will issue to the applicant.
9The 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.
10Meeting and hearing dates set previously are hereby cancelled.
11The 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.
“Christopher J. Albertyn”
for the Board