Ontario Labour Relations Board
0446-01-R Extendicare (Canada) Port Stanley, Applicant v. Service Employees International Union, Local 220, Part-Time Registered Nurses, Responding Party v. Extendicare/Port Stanley, Intervenor
BEFORE: Bram Herlich, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; May 10, 2001
Decision
1This is an application for a declaration terminating bargaining rights.
2Having regard to the material filed in support of the application, the Board is unable to conclude that 40 per-cent or more of the employees in the bargaining unit have expressed a wish not to be represented by the trade union and, accordingly, this application must be dismissed.
3The material filed in support of the application consists of a number of individual letters (in identical form). Each letter purports to relate to the wishes of a single bargaining unit employee. However, the vast majority of these letters are not signed by the relevant employee but rather are signed on behalf of the relevant employee by a different employee.
4This is not evidence that the relevant employee has expressed a wish not to be represented by the union. We note that the Board’s rules explicitly require that such evidence must be signed by each employee concerned (see Rule 71 of the Board’s Rules of Procedure).
5We make no comment about the applicant’s ability to file a fresh and properly supported application. This application, however, is hereby dismissed.
"Bram Herlich"
for the Board