B. L. Armstrong

J. A. Ronson

OLRB0 cases1980–2001

B. L. Armstrong

OLRBOntario Labour Relations BoardOct 17, 1980

Application to terminate union bargaining rights dismissed as employee petitions were found not voluntary.

The applicants sought a declaration terminating the bargaining rights of the respondent trade union under section 49 of the Labour Relations Act.

The application was supported by petitions signed by employees.

The Board found that the petitions were circulated shortly after the employer posted a memorandum questioning employee support for the union's dues check-off request.

Given the circumstances, including the collection of signatures on company premises during working hours and unsolicited management suggestions to consult lawyers, the Board could not be satisfied that the petitions represented a voluntary expression of employee wishes.

The application was dismissed.

Nat Salvatore and John Gerlofsma v. United Steelworkers of America, 1980 CanLII 779

Peter Myers

1 case1980–1980

G. Richards

1 case1980–1980

Corinne Murray

3 cases1980–1980

M. G. Mitchnick

C. G. Bourne

OLRB0 cases1980–1983

B. L. Armstrong

OLRBOntario Labour Relations BoardOct 8, 1980

Filing a grievance is a protected lawful union activity under the Colleges Collective Bargaining Act.

The complainant union alleged that the respondents terminated the grievor's employment in response to his initiation of a grievance under the collective agreement, contrary to section 76(2)(a) of the Colleges Collective Bargaining Act.

The respondents argued that filing a grievance did not constitute the exercise of a right under the Act.

In an interim ruling, the Board held that the right to ensure compliance with a collective agreement through a grievance procedure is a fundamental lawful activity of a trade union protected by section 66 of the Act.

The Board ruled that the allegations, if proven, would constitute a violation of the Act and directed the matter to continue.

Ontario Public Service Employees Union v. The Board of Governors of The Fanshawe College of Applied Arts and Technology, 1980 CanLII 862

M. G. Mitchnick

F. W. Murray

B. L. Armstrong

OLRBOntario Labour Relations BoardOct 6, 1980

Application to determine bargaining unit membership dismissed as the issue was for private arbitration.

The applicant union applied under section 95(2) of the Labour Relations Act for a determination of whether certain persons were members of the bargaining unit according to the collective agreement.

The respondent employer confirmed it did not dispute that the contested persons were employees for the purposes of the Act.

The Board held that its jurisdiction under section 95(2) is limited to determining whether a person is an employee under the Act, not whether they are covered by a specific collective agreement.

As the only issue was the interpretation of the collective agreement's scope clause, the Board dismissed the application, noting the matter was properly for private arbitration.

Local 494 United Cement Lime & Gypsum Workers International Union v. Nelson Crushed Stone Division of Flintkote Canada Ltd., 1980 CanLII 812

M. G. Mitchnick

F. W. Murray

B. L. Armstrong

OLRBOntario Labour Relations BoardOct 6, 1980

Labour Relations Officer appointed to inquire into changes in Head Nurses' duties since collective agreement.

The applicant hospital applied under section 95(2) of the Labour Relations Act for a determination of whether its Head Nurses were 'employees'.

The respondent union argued the issue was res judicata due to a 1976 Board decision.

The Board noted that while a doctrine analogous to res judicata applies, it does not preclude a fresh application where duties have materially changed.

However, because the parties were bound by a recent collective agreement, the Board limited the appointment of a Labour Relations Officer to inquiring only into changes in duties and responsibilities since the date the collective agreement was entered into.

Westmount Hospital v. Ontario Nurses' Association, 1980 CanLII 894

S. C. Bernardo

42 cases1980–2001

Alick Ryder, Q. C.

17 cases1980–1988

Pamela C. Picher

OLRB0 cases1980–1983

J. D. Bell

OLRB0 cases1980–1985

B. L. Armstrong

OLRBOntario Labour Relations BoardOct 1, 1980

Property management company, not the hotel, found to be the true employer of maintenance employees.

The applicant union applied for certification to represent maintenance employees at the Sutton Place complex.

A dispute arose over whether the true employer was the Sutton Place Hotel or Dennis Management Company, the property manager.

Applying the seven factors from York Condominium, the Board found that while the employees reasonably perceived the Hotel as their employer, Dennis Management Company exercised fundamental control over hiring, firing, discipline, and wages.

The Board concluded Dennis Management Company was the employer.

The Board further determined that the appropriate bargaining unit was limited to the Sutton Place complex rather than all of the employer's locations in Metropolitan Toronto, and granted the certificate.

Hotel and Club Employees' Union, Local 299 Toronto v. Sutton Place Hotel, 1980 CanLII 858

R. O. MacDowell

OLRB0 cases1980–2001

J. A. Ronson

OLRB0 cases1980–2001

B. L. Armstrong

OLRBOntario Labour Relations BoardJul 7, 1980

Certification application dismissed because the employee association was not a trade union due to managerial involvement.

The applicant employee association applied for certification as the exclusive bargaining agent for the respondent's employees.

The Board found that managerial personnel had been actively involved in the organization from its inception, were current members, and that the employer had lent support to the preparation and solicitation of membership evidence.

Consequently, the Board held that the applicant was not a trade union within the meaning of the Labour Relations Act and dismissed the application.

Tilco Plastics Employee's Association v. Tilco Plastics (1976) Limited, 1980 CanLII 869

M. G. Mitchnick

F. W. Murray

B. L. Armstrong

OLRBOntario Labour Relations BoardJun 2, 1980

Union certification applications dismissed due to unreliable Form 8 declarations regarding membership evidence.

The applicant union filed two applications for certification.

A preliminary issue arose regarding a Form 8 declaration concerning membership documents, which was signed by the union organizer's secretary on her behalf.

Evidence revealed that the organizer failed to make the necessary inquiries required by Form 8 for membership cards left at her office in her absence.

Because the Board relies heavily on the Form 8 declaration to accept hearsay membership evidence, the failure to make proper inquiries rendered the declarations unreliable.

Without substantiated membership evidence, both applications for certification were dismissed.

Service Employees International Union, Local 183 v. Trent Valley Lodge Ltd., 1980 CanLII 876

F. G. Hamilton

28 cases1980–2001

Chris G. Paliare

192 cases1980–2026

George W. Adams

OLRB0 cases1980–1984

F. W. Murray

B. L. Armstrong