National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Caressant Care Nursing and Retirement Homes Limited
File No.: 3511-00-R Date: April 6, 2001
Before: David A. McKee, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
Decision of the Board
1The style of cause is hereby amended to reflect the correct name of the responding party: "Caressant Care Nursing and Retirement Homes Limited".
2Pursuant to the Board's direction of March 5, 2001, a representation vote was taken on March 7, 2001.
3The Board has received representations dated April 2, 2001 from the intervenor. Having considered these representations, we are satisfied that the intervenor has withdrawn its allegations of untimeliness and that there are no other issues to be disposed of in this application.
4For these reasons, the Board will issue a final decision in this matter without a hearing.
5Having regard to the agreement of the parties, the Board finds that:
all employees of Caressant Care Nursing and Retirement Homes Limited at its Caressant Care Retirement Home on Bonnie Place in the City of St. Thomas, regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period, save and except supervisors, persons above the rank of supervisor and office and clerical staff,
constitute a unit of employees of the responding party appropriate for collective bargaining.
6On 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.
7A certificate will issue to the applicant.
8The 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.
9Meeting and hearing dates set previously are hereby cancelled.
10The 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.
"David A. McKee"
for the Board