Court File and Parties
National Automobile, Aeropace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. Muskoka Ambulance Service 299340/1339175 Ontario Limited, Responding Party v. The Employees Association of Muskoka Ambulance Service, Intevernor.
BEFORE: Stephen Raymond, Vice-Chair.
DECISION OF THE BOARD; July 20, 2001
1The Board is in receipt of correspondence from the solicitor for the intervenor dated July 19, 2001. Unfortunately, this correspondence was not before the panel of the Board when it issued its decision of July 20, 2001.
2I have been authorized by the Chair of the Labour Relations Board pursuant to section 110(14) to sit alone in respect of the response to the submissions of the intervenor.
3The intervenor raises two issues. The first is in response of the service of the application. The second is in respect of the timing of the vote.
4While the allegations of the intervenor may be true in respect of the service of the application, there is no apparent prejudice to the intervenor because it has been able to respond fully to the application by way of its intervention. In fact, the main substantive issue in the correspondence received from the intervenor is in respect of the voting constituency. In this regard, the Board adopted the position of the intervenor. The position of the intervenor was before the panel of the Board when ordering the vote so there does not appear to be any prejudice in the faulty service, if it was indeed, without finding, faulty.
5The second issue raised by the intervenor relates to the timing of the application. The Board has no power over the timing of the application and will not, except in exceptional circumstances, extend the time for the holding of a vote. The intervenor submits that the Association’s President is on holiday and that ten per cent of the workforce will be on vacation on the voting date. The Board would expect that during the summer months many workplaces have at least ten per cent of their workforce absent. This is not a reason to delay a vote. The fact that the application is made at a time when the President of the Association is on holiday is also not a reason to delay the vote, whether done purposely or not, this fact does not persuade me to delay the vote.
6The vote will proceed as directed.
7The employer is directed to post copies of this decision adjacent to the earlier decision of the Board. These copies must remain posted for 30 days.
“Stephen Raymond”
for the Board