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. Versa-Care Limited o/a Maitland Manor, Responding Party Employer.
Before: Christopher J. Albertyn, Vice-Chair.
Decision of the Board; July 20, 2001
Decision
1This is an application pursuant to the provisions of section 68 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended ("the Act").
2A decision was issued on July 16, 2001 ordering a representation vote be held on July 24, 2001. A reconsideration request, subsequently amended, was filed by the responding employer (“the employer”) on July 19, 2001.
3I have considered the reconsideration request. The vote has been ordered pursuant to agreements concluded between the applicant and the responding trade union (‘the SEIU’) and pursuant to the provisions of section 68(2) of the Act. I am not persuaded that the jurisdictional arguments raised by the employer are such that the representation vote should not be held, or that those arguments should be determined before the holding of the representation vote, or that the ballot box be sealed. The arguments are to be dealt with at the hearing of this matter (should a hearing be necessary once employee wishes have been tested). The vote will continue as previously ordered.
4I accept the employer’s submission that the full terms of the agreement between the applicant and the SEIU should be disclosed as part of these proceedings, and I make that order.
“Christopher J. Albertyn”
for the Board