Service Employees International Union, Local 268 v. Algoma District Services Administration Board, 2001 CanLII 6609

Service Employees International Union, Local 268 v. Algoma District Services Administration Board

File No.: 2335-00-R Date: May 4, 2001

Before: Laura Trachuk, Vice-Chair.

Decision of the Board

1. This is an application under sections 69 and 1(4) of the Labour Relations Act, 1995 (the “Act”).

2. The parties have now entered Minutes of Settlement as follows:

FILE NO. 2335-00-R

ONTARIO LABOUR RELATIONS BOARD

BETWEEN:

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 268

APPLICANT

-AND-

ALGOMA DISTRIC SERVICES ADMINISTRATION BOARD

SAULT AREA HOSPITALS AND THE CORPORATION OF THE TOWNSHIP OF WHITE RIVER, AND THE NORTH ALGOMA HEALTH ORGANIZATION

RESPONDING PARTY

-AND-

CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL 2352 CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL 3178 CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL 3631NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA)

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 204

INTERESTED PARTIES.

MINUTES OF SETTLEMENT

The parties have met and are in agreement with the following

1. That there has been a sale of business in accordance with Section 69 of the Labour Relations Act from Sault Area Hospitals, The Corporation of the Township of White River, and North Algoma Health Organization, Corporation of the City of Elliot Lake, St. Joseph Health Centre, Hornepayne Community Hospital, Corporation of the Township of Dubreuiville to Algoma District Services Administration Board.

2. That for the purposes of this application there is no relationship between the above Employers within the meaning of Section 1(1)(4) of the Labour Relations Board.

3. That the description of the appropriate bargaining unit is as follows:

“All employees of Algoma District Services Administration Board save and except Supervisors, persons above the rank of Supervisor, Trainer, Human Resources Co-Ordinator and Confidential Secretaries.”

4. That the Labour Relations Board direct a representation votes to held on May 15th, 2001.

5. That the representation vote will be between:

CAW-CANADA

CANADIAN UNION OF PUBLIC EMPLOYEES

SEIU-CANDA LOCAL 268

6. the parties will advise the Board of their scruitineers and agents at the count.

Dated at Sault Ste. Marie this 17th day of April, 2001

(“Darlene Belluz”) (“Mark Gallina”) (“Leslie Mancini”)

FOR SEIU 268 FOR CUPE AND ITS LOCALS FOR CAW

(“Illegible Signature”) (“Illegible Signature”)

FOR THE RESPONDING FOR SEIU 204 PARTY, ALGOMA DISTRICT SERVICES ADMINISTRATION BOARD

3. Pursuant to the above agreement the Board declares that there has been a sale of business in accordance with section 69 of the Act from Sault Area Hospitals, the Corporation of the Township of White River, and North Algoma Health Organization, Corporation of the City of Elliot Lake, St. Joseph Health Centre, Hornepayne Community Hospital, Corporation of the Township of Dubreuiville to Algoma District Services Administration Board.

4. Also pursuant to the above agreement the Board directs that a representation vote be taken of the individuals in the following voting constituency:

All employees of Algoma District Services Administration Board save and except Supervisors, persons above the rank of Supervisor, Trainer, Human Resources Co-Ordinator and Confidential Secretaries.

5. The vote will be held on May 15, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".

6. All employees in the voting constituency in paragraph 4 above are eligible to vote.

7. Voters will be asked to indicate whether or not they wish to be represented by the CAW-Canada, the Canadian Union of Public Employees or SEIU – Canada Local 268 in their employment relations with the responding party.

8. The responding party is directed to post copies of this decision and of the "Notice of Vote in places where they are likely to come to the attention of affected employees. These copies must remain posted until the vote is held.

9. Any party or person who wishes to make representations to the Board about the conduct of the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken.

10. The matter is referred to the Registrar.

“Laura Trachuk”

for the Board