Healthcare, Office and Professional Employees Union, Local 2220, UBCJA v AgeCare Wenleigh Long Term Care Residence, 2024 CanLII 119257 (ON LRB)

This decision is from a displacement application filed by Healthcare, Office and Professional Employees Union, Local 2220 (“HOPE”) to represent employees of AgeCare Wenleigh Long Term Care Residence (“The Wenleigh”). In response to HOPE’s application, the incumbent union, Laborers’ International Union of North America, Local 3000 (“LIUNA Local 3000”) filed an Unfair Labour Practice (“ULP”) application alleging, inter alia, that The Wenleigh improperly assisted in HOPE’s displacement application and that the two parties were interfering with LIUNA 3000’s ability to effectively represent the membership. A representation vote was held and while the Board ordered that the ballot boxes be sealed, HOPE requested that they be opened for the sake of efficiency and expediency. Morrison Watts Hurtado[TG1]  represented LIUNA 3000 in arguing that the ballot boxes ought to remain sealed until the ULP application was resolved, as LIUNA 3000’s ability to continue representing its membership would be irreparably damaged in the event that HOPE won the vote, but the result was later invalidated by the outcome of the ULP. In a decision by Vice-Chair Roslyn McGilvery, the Board ordered that the ballot boxes remain sealed pending the outcome of LIUNA 3000’s ULP. The Board agreed with LIUNA 3000 that allegations contained in the ULP may bring into question the reliability of the representation vote, such that LIUNA 3000 would be severely prejudiced if it seemingly lost the vote and the results were later nullified by the ULP.https://www.canlii.org/en/on/onlrb/doc/2024/2024canlii119257/2024canlii119257.html