0726-01-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Applicant v. The Waterloo Catholic District School Board, Responding Party v. Service Employees International Union, Local 220, Intervenor #1 v. International Union of Painters & Allied Trades, Local 1824, Intervenor #2.
BEFORE: Anthony Brown, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; June 12, 2001
This is a displacement application for certification.
The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
The employees are currently represented by the intervenor, Service Employees International Union, Local 220.
It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made. Further, this application appears to be timely.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of The Waterloo Catholic District School Board engaged in maintenance, services, plant operations, storepersons and couriers, save and except forepersons and persons above the rank of forepersons, office staff, students employed during the school vacation period and Co-op Plan, University students, paraprofessionals.
For purposes of clarity, “maintenance service and plant operations” mentioned above specifically mean building and ground maintenance and service operations related to building and grounds (referred to as plant) and does not include such specialized maintenance and services as library book maintenance, audio visual equipment maintenance, musical instrument maintenance, library services, psychological services, guidance services, etc.
The vote will be held on June 14, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
All individuals who had an employment relationship with the responding party in the voting constituency on June 4, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on June 4, 2001, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
Voters will be asked to indicate whether they wish to be represented by the applicant or the Service Employees International Union Local 220 in their employment relations with the responding party.
The International Union of Painters & Allied Trades, Local 1824, intervenes in this application. Its concern is that this application shall not affect its right to represent certain employees of the responding party. It appears that the applicant is seeking to displace SEIU Local 220. The voting constituency determined by the Board for the representation vote reflects the bargaining unit description in the collective agreement between SEIU Local 220 and the responding party. If there are remaining issues after the vote, representations may be filed in accordance with this decision and the Board’s Rules of Procedure.
The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, 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. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
The matter is referred to the Registrar.
“Anthony Brown”
for the Board