A. Hershkovitz

E. Norris Davis

A. Hershkovitz

OLRBOntario Labour Relations BoardFeb 13, 1980

Board affirms its decision rejecting anti-union petitions after reconsidering evidence without impugned testimony.

The group of objectors requested the Board to reconsider its decision finding that statements of desire (petitions) opposing the union's certification were not voluntary.

The objectors argued the Board improperly relied on testimony from a witness who did not testify in the certification portion of the proceedings.

The Board determined it had jurisdiction to reconsider the matter itself without referring it to a new panel.

Upon reviewing the evidence afresh and explicitly excluding the impugned testimony, the Board concluded that the active involvement of management and the extensive petition-related activities of an employee during working hours created a perception of employer support.

The Board affirmed its original decision that the petitions were not voluntary.

Ontario Public Service Employees Union v. Art Gallery of Ontario, 1980 CanLII 757

F. W. Murray

E. Norris Davis

A. Hershkovitz

OLRBOntario Labour Relations BoardFeb 8, 1980

Application granted declaring voluntary recognition agreement inoperative as union lacked majority employee support.

The applicant and a group of employees applied under section 52 of the Labour Relations Act for a declaration that the respondent trade union was not entitled to represent the employees in the bargaining unit at the time it entered into a voluntary recognition agreement with the employer.

The employer did not appear or file employee lists.

The Board found that the onus of establishing entitlement rested on the parties to the agreement.

Evidence showed that at the time the agreement was signed, there were 20 employees in the bargaining unit, but the union only had support from six employees due to several resignations from membership prior to the agreement's execution.

As the union did not represent a simple majority, the Board granted the application, declaring the union was not entitled to represent the employees, and the voluntary recognition agreement ceased to operate.

J. Wackett and a Group of Employees v. Christian Labour Association of Canada, 1980 CanLII 913

for Canadian Paperworkers Union Local 1150

Dave WatsonUnion representative
1 appearance
Elwood TinneyUnion representative
1 appearance
Jim FosterUnion representative
1 appearance

for Moore Packaging Corporation Ltd.

Harry IrvingAgent
1 appearance
James E. BowdenAgent
1 appearance

for Paperboard Industries Corporation

Elizabeth StairsAgent
1 appearance
June FordAgent
1 appearance
J.G. BoudreauAgent
1 appearance
David DeeringAgent
1 appearance

for the applicant

Anthony M. ButlerCounsel
2 appearances
H. FairweatherSelf-represented
1 appearance
H. GoldblattCounsel
1 appearance
Jean WackettSelf-represented
1 appearance
Jeffrey EgnerUnion representative
1 appearance
Joe AggimentiUnion representative
1 appearance
John A. StewartUnion representative
1 appearance
John MoszynskiCounsel
1 appearance
Kathy CraneUnion representative
1 appearance
Larry BouillonUnion representative
1 appearance
L. C. ArnoldCounsel
1 appearance
Marshall GarnickAgent
1 appearance
Nelson RolandAgent
1 appearance
Onilio ZaninCounsel
1 appearance
Pauline AnidjarCounsel
1 appearance
Peter I. WaldmannCounsel
1 appearance
P. MeladyAgent
1 appearance
Sandra LaycockCounsel
1 appearance
S. FraserCounsel
1 appearance
Sharon BallUnion representative
1 appearance

for the applicants

John H. F. MiddlebroCounsel
1 appearance
Michael GordonCounsel
1 appearance

for the Canadian Union of Public Employees, Local 1001

James HartUnion representative
1 appearance
Michael A. ChurchCounsel
1 appearance
Nick KokicUnion representative
1 appearance
T. RobinsonUnion representative
1 appearance

for the complainant

M. DarnellUnion representative
1 appearance

for the complainant in Board File 2888-87-U

Brian P. NolanCounsel
1 appearance
Susan DufourSelf-represented
1 appearance

for the employee

J. P. WearingCounsel
1 appearance

for the intervener

B. IngmundsonAgent
1 appearance
Brian P. SmeenkCounsel
1 appearance
Eliot SupinoAgent
1 appearance
Major BowesAgent
1 appearance
Natale GiustAgent
1 appearance
Norman A .KeithCounsel
1 appearance
Richard GrahamCounsel
1 appearance
Robert B. SheppardCounsel
1 appearance
W. T. LangleyAgent
1 appearance

for the interveners, Electrical Trade Bargaining Agency and Electrical Contractors Association of Ontario

Eryl RobertsCounsel
1 appearance
S.C. BernardoCounsel
1 appearance

for the objectors

Eamonn QuarneySelf-represented
1 appearance
Jean AndrewsSelf-represented
1 appearance
Michael HoranCounsel
1 appearance
Pearl StelmachowikSelf-represented
1 appearance
Sharon Mac DonaldSelf-represented
1 appearance
S. ShmihelskySelf-represented
1 appearance

for the respondent

Adriano CodinhaAgent
1 appearance
Alan D. DirenfeldCounsel
1 appearance
Allanl DymondUnion representative
1 appearance
Art HulksCounsel
1 appearance
A. SabadaAgent
1 appearance
A. V. CraigCounsel
1 appearance
Brvon BlackCounsel
1 appearance
Chris G. PaliareCounsel
1 appearance
Christopher DassiosCounsel
1 appearance
Corinne MurrayCounsel
1 appearance
D. Churchill-SmithCounsel
1 appearance
D. E. GibsonCounsel
1 appearance
Donald FrancisCounsel
1 appearance
Douglas J. WrayCounsel
1 appearance
Ed OgibowskiAgent
1 appearance
E. RovetCounsel
1 appearance
Fred HeeremaUnion representative
1 appearance
Gary CarolineAgent
1 appearance
Hank BeckhuisUnion representative
1 appearance
Harvey BeresfordCounsel
1 appearance

for the respondents

Charles SchaafAgent
1 appearance
Chris G. PaliareCounsel
1 appearance
G. GrossmanCounsel
1 appearance
Karl SchaqfAgent
1 appearance
Ken WoodsUnion representative
1 appearance
Terry McEwanCounsel
1 appearance
Tom MoffatUnion representative
1 appearance

for the Service Employees Union, Local 210

David RobertUnion representative
1 appearance
Ken BrownUnion representative
1 appearance

for the University of Windsor

Dave WylupekAgent
1 appearance
Frank EasthamAgent
1 appearance
George W. KingCounsel
1 appearance

Decisions

Years active

Tribunals

0.2

cases/mo

OLRB23(100%)

Decision types

trial

motion

/Adjudicator

A. Hershkovitz — Board Member

Employment and Labour Law

Administrative Law

Other Tribunals

Construction Law

A. Hershkovitz

Board Member·Ontario Labour Relations Board·Since 1980

cases · 13 yrs · OLRB

Trial

Motion

Costs

Appeal

Sentencing

Board Member· 19Board Member· 3Board Member· 1

J P. Wearing

12 cases1980–1989

H. Goldblatt

16 cases1980–1988

A. V. Craig

1 case1980–1980

M. G. Picher

OLRBMajority (Wrote the majority reasons)0 cases1980–1984

E. C. Went

OLRBMajority0 cases1980–1981

A. Hershkovitz

OLRBDissenting0 cases1980–1992

OLRBOntario Labour Relations BoardNov 4, 1980

Second representation vote ordered after a segregated ballot was inadvertently opened, revealing an employee's choice.

During a union certification representation vote, a segregated ballot was inadvertently opened, revealing an employee's choice.

The employee, who was related to management, subsequently faced pressure from the employer and requested a new vote.

The union argued that the employer's knowledge of the employee's support would impede a free second vote and requested certification under section 7a of the Labour Relations Act.

Service Employees Union, Local 204 v. Daheim Nursing Home Limited, 1980 CanLII 947

Pauline Anidjar

2 cases1980–1980

Michael Horan

38 cases1980–2001

Corinne Murray

3 cases1980–1980

Chris Paliare

11 cases1980–2016

F. W. Murray

E. Norris Davis

A. Hershkovitz

OLRBOntario Labour Relations BoardFeb 13, 1980

Board affirms its decision rejecting anti-union petitions after reconsidering evidence without impugned testimony.

The group of objectors requested the Board to reconsider its decision finding that statements of desire (petitions) opposing the union's certification were not voluntary.

The objectors argued the Board improperly relied on testimony from a witness who did not testify in the certification portion of the proceedings.

The Board determined it had jurisdiction to reconsider the matter itself without referring it to a new panel.

The Board affirmed its original decision that the petitions were not voluntary.

Ontario Public Service Employees Union v. Art Gallery of Ontario, 1980 CanLII 757

F. W. Murray

E. Norris Davis

A. Hershkovitz