3565-00-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Attendant Care Inc. o/a Tobias House of Toronto, Responding Party.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; April 27, 2001
The style of cause is hereby amended to reflect the correct name of the responding party: "Attendant Care Inc. o/a Tobias House of Toronto".
Pursuant to the Board's direction of March 8, 2001, a representation vote was taken on March 12, 2001.
The Board has received representations dated March 19, 2001 from an objecting employee. Having considered these representations, we are satisfied that the objecting employee raised no allegations which, even if proved true, would change the result of the application.
The objecting employee claims that as many as six employees were told by the responding party not to cast ballots in the representation vote. Further, he alleges that as a result of the vote arrangements, and specifically the determination by the Board to establish only a single poll, as many as eighteen potential voters may not have cast ballots.
The allegations made by the objecting employee are almost entirely speculative, but even if they were proved true, a majority of the ballots would still have been cast in favour of the applicant. The vote count was 49 ballots cast in favour of the applicant, 20 against, and 2 ballots were segregated and not counted. Even if all 24 of the voters, who the objecting employee claims were denied an opportunity to vote, cast their ballots against the applicant, and even if the two segregated ballots had been cast against the applicant, the applicant still would have obtained a majority of ballots cast.
The Board also received representations from the applicant and the responding party dated March 16, 2001 and March 19, 2001 respectively, concerning the application of section 10(3) of the Labour Relations Act, 1995, as amended. However, by letter dated April 6, 2001, counsel for the responding party abandoned its position on that issue. Accordingly, there are no further issues in dispute.
For these reasons, the Board will issue a final decision in this matter without a hearing.
Having regard to the agreement of the parties, the Board finds that:
all employees of Attendant Care Inc. o/a Tobias House of Toronto in the City of Toronto, save and except co-ordinators, persons above the rank of co-ordinator, office and clerical employees and persons employed pursuant to special grant monies for projects of limited duration,
constitute a unit of employees of the responding party appropriate for collective bargaining.
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.
A certificate will issue to the applicant.
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.
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.
“Patrick Kelly”
for the Board