B. L. Armstrong

OLRBOntario Labour Relations BoardNov 16, 1987

Board refused to adjudicate a jurisdictional work assignment dispute within a grievance arbitration proceeding.

The applicant trade union referred a construction industry grievance to the Board under section 124 of the Labour Relations Act.

The respondent employer and an intervening trade union argued that the grievance was rooted in a jurisdictional dispute over a work assignment, which should be resolved under the mutually selected Plan for the Settlement of Jurisdictional Disputes.

The applicant requested that the Board adjudicate the work assignment dispute within the section 124 proceeding and make the intervening union a party.

The Board declined, finding that doing so would undermine the statutory scheme under section 91(14) of the Act, which defers to the parties' selected tribunal for jurisdictional disputes, and would unnecessarily encumber the grievance arbitration with strangers to the collective agreement.

Millwright District Council on behalf of Local 1425 v. Copper Cliff Mechanical Contractors Ltd., 1987 CanLII 3123

Owen V. Gray

OLRB0 cases1983–1992

G. O. Shamanski

B. L. Armstrong

OLRBOntario Labour Relations BoardNov 4, 1987

Pre-hearing representation votes directed for multiple employers pending related employer declaration, with disputed ballots segregated.

The applicant union filed ten applications for certification concerning truck and transport drivers employed by various respondents, along with a related employer application under subsection 1(4) of the Labour Relations Act.

The union requested pre-hearing representation votes.

Several respondents objected to the votes, arguing that the appropriate bargaining unit and employer identity could not be determined until the related employer application was resolved.

The Board directed that pre-hearing representation votes be conducted in ten separate voting constituencies, with ballots segregated where disputes existed regarding the inclusion of certain individuals or locations.

The Board held that the purpose of the pre-hearing vote procedure is to test employee wishes promptly, and that issues regarding the utility or effect of the votes would be determined at a subsequent hearing.

International Woodworkers of America v. Taiga Trucking (Ontario) 1980 Inc., 1987 CanLII 3136

Shaun R. Hennessy

Peter Westfall

David Stoesser

11 cases1987–2021

Robert D. Howe

OLRB0 cases1984–1995

R. M. Sloan

OLRB0 cases1986–2000

B. L. Armstrong

OLRBOntario Labour Relations BoardOct 9, 1987

A signed settlement agreement is binding even if a party was unrepresented by counsel.

The complainant filed an unfair labour practice complaint against her union and employer.

The parties signed Minutes of Settlement where the complainant agreed to withdraw the complaint in exchange for $2,500.

After receiving and cashing the cheque, the complainant retained counsel and attempted to repudiate the settlement, arguing she was unrepresented when she signed it and the amount was inadequate.

The Board held that the lack of legal representation does not negate a settlement agreement and that allowing parties to repudiate settlements would undermine the resolution process.

The complaint was withdrawn in accordance with the settlement.

Betty Jean Luno v. Canadian Union of Public Employees, Local 1019, 1987 CanLII 3104

Wayne Mackay

Thomas A. Stefanik

34 cases1981–2023

Sheila Sager

Murray MacDonald

2 cases1987–2019

L. N. Gottheil

24 cases1986–2012

Leslie Doherty

John Mellors

Jim Pudge

Janet Oliphant

James P. Adams

Gary Aubry

Not Practising Law66 cases1981–2021

Brian Shell

Bernie Jones

Andy Moran

R. M. Sloan

OLRB0 cases1986–2000

G. T. Surdykowski

OLRB0 cases1986–1999

B. L. Armstrong

OLRBOntario Labour Relations BoardOct 8, 1987

Board varied procedural ruling to direct that related certification and unfair labour practice proceedings be heard together.

The applicant union sought reconsideration of an oral ruling by the Ontario Labour Relations Board that declined to consolidate an application for certification with three related unfair labour practice complaints.

The union argued that the proceedings involved overlapping evidence regarding the employer's relocation of its production facilities.

Upon reconsideration, the Board agreed that while formal consolidation was inappropriate due to differing parties and legal interests, the substantial overlap in evidence made it preferable for all four matters to be heard together.

The Board varied its previous ruling and directed the Registrar to schedule the proceedings to be heard together.

National Automobile, Aerospace and Agricultural Implement Workers Union of Canada (CAW-Canada) v. Dresser Canada, Inc., 1987 CanLII 3095

Robert J. Herman

OLRB0 cases1985–1988

J. A. Rundle

OLRB0 cases1986–2001

B. L. Armstrong

OLRBOntario Labour Relations BoardOct 7, 1987

Graduate and registered nurses included in nursing home 'all employee' bargaining unit absent evidence of labour relations problems.

The union applied for certification of an 'all employee' bargaining unit at a nursing home, including graduate and registered nurses.

The employer objected, arguing that past Board practice and community of interest required excluding nurses from service units.

The Board found that past practice in the nursing home sector was not invariable and that the employer provided no specific facts or evidence to demonstrate that including the nurses would cause serious labour relations problems or that they lacked a community of interest with other employees.

The Board concluded the proposed units were appropriate and included the nurses.

A dissenting member argued that established Board precedent required separating nurses from service employees.

Christian Labour Association of Canada v. King Nursing Home Ltd., 1987 CanLII 3102

S. A. Tacon

OLRB0 cases1984–1991

D. A. MacDonald

OLRB0 cases1982–1994

B. L. Armstrong

OLRBOntario Labour Relations BoardSep 10, 1987

Systems Manager excluded from bargaining unit for exercising managerial functions under the Labour Relations Act.

The applicant union sought a determination under section 106(2) of the Labour Relations Act as to whether the Systems Manager was an employee within the meaning of the Act.

The respondent employer argued that the individual should be excluded under section 1(3)(b) because he exercised managerial functions.

The Board reviewed the principles for managerial exclusion and found that the Systems Manager possessed considerable authority over bargaining unit employees regarding computer systems, effectively hired and fired temporary employees, and was intimately involved in the budgetary process and costings of collective bargaining proposals.

The Board concluded that the Systems Manager exercised managerial functions and was therefore not an employee within the meaning of the Act.

Canadian Union of Public Employees Local 54 v. The Town of Ajax, 1987 CanLII 3084

M. Cornish

7 cases1981–1987

D. L. Brisbin

8 cases1980–1987

Robert D. Howe

OLRB0 cases1984–1995

I. M. Stamp

OLRB0 cases1982–1988

B. L. Armstrong

OLRBOntario Labour Relations BoardAug 17, 1987

Board quantifies damages for unlawful lock-out and bad faith bargaining, including loss of opportunity.

The Board issued a decision quantifying damages and providing guidance on compensation following a finding that the employer committed unfair labour practices, including an unlawful lock-out and failure to bargain in good faith.

The Board awarded damages for the loss of opportunity to negotiate a collective agreement, determined that locked-out employees have a duty to mitigate their losses after an initial period, and ruled that lock-out pay received from the international union is a collateral benefit that is not deductible from the employer's compensation liability.

The Board declined to award legal costs or compensation for union officials' time spent at hearings, but allowed recovery for reasonable negotiating expenses and costs of the union's boycott campaign.

Toronto, Typographical Union, Local 91 v. Burlington Northern Air Freight (Canada) Ltd., 1987 CanLII 3075

M. G. Mitchnick

OLRB0 cases1980–1992

F. W. Murray

OLRB0 cases1980–1988

B. L. Armstrong

OLRBOntario Labour Relations BoardJul 29, 1987

Board refused to amend certificate to exclude position after parties entered into collective agreement.

The employer applied under section 106(1) of the Labour Relations Act for the Board to reconsider and amend a certificate to specifically exclude the position of 'secretary/clerk'.

The parties had already entered into a collective agreement.

The Board dismissed the application, noting its long-standing policy that once a collective agreement is negotiated, the certificate is spent and the bargaining unit is defined by the collective agreement.

The Board noted that questions of employee status under section 106(2) remain within its jurisdiction but are subject to estoppel-like principles.

United Food and Commercial Workers International Union v. Almonte Nursing Home, 1987 CanLII 3063

Peter Milliken

S. A. Tacon

OLRB0 cases1984–1991

G. O. Shamanski

B. L. Armstrong

OLRBOntario Labour Relations BoardJul 10, 1987

Application to terminate bargaining rights dismissed as union actively represented employees despite delayed notice.

The applicant employee sought a declaration terminating the respondent union's bargaining rights under section 59(1) of the Labour Relations Act, alleging the union failed to give notice to bargain within sixty days following certification.

The union conceded the notice fell outside the sixty-day period but provided evidence of its active involvement in representing the employees, including filing unfair labour practice complaints and preparing complex bargaining proposals for the taxi industry.

The Board found the union had not 'slept' on its rights and was actively fulfilling its obligations.

The application was dismissed.

Mohinder Gill v. Retail, Wholesale and Department Store Union, AFL:CIO:CLC:, 1987 CanLII 3067

William Wallace

Heather J. Laing

4 cases1981–1987

W. H. Wightman

OLRB0 cases1981–1996

R. 0. MacDowell

OLRB0 cases1980–1999

B. L. Armstrong

OLRBOntario Labour Relations BoardJun 26, 1987

Yard foreman found to be an employee under the Act due to lack of independent managerial authority.

The applicant union applied under section 106(2) of the Labour Relations Act to determine the employee status of a yard foreman.

The respondent employer argued the individual exercised managerial functions under section 1(3)(b) and should be excluded from the bargaining unit.

The Board reviewed the individual's duties, noting he had no subordinates during the winter and only seasonal workers during the summer, with limited independent decision-making authority.

The Board concluded the individual did not exercise managerial functions and was an employee within the meaning of the Act.

Canadian Union of Public Employees v. The Town of Whit-by, 1987 CanLII 3300

Sharon White

Martin Levinson

15 cases1980–1987

John King

Gordon J. Weir

4 cases1983–1987

Bruce Zufelt

3 cases1983–1987

V. Solomatenko

OLRB0 cases1986–1987

R. J. Gallivan

OLRB0 cases1985–1988

B. L. Armstrong

OLRBOntario Labour Relations BoardJun 16, 1987

Board grants certification without a vote for seasonal canning employees, declining to apply the build-up principle.

The applicant union applied for certification of a bargaining unit of seasonal employees at the respondent's canning operation.

The respondent argued that the number of employees at the time of the application was not representative of the peak seasonal workforce and requested a representation vote based on the 'build-up' principle.

The Board held that the employees present at the time of the application were representative of the employment environment, which was characterized by short-term employment relationships similar to the construction industry.

The Board declined to order a representation vote and granted the certificate.

Board Member Gallivan dissented, arguing that the build-up principle should apply to seasonal employment outside the construction industry.

United Food & Commercial Workers International Union v. Cobi Foods Inc., 1987 CanLII 3285

W. H. Wightman

OLRB0 cases1981–1996

Patricia Hughes

OLRB0 cases1986–1991

B. L. Armstrong

OLRBOntario Labour Relations BoardJun 10, 1987

Pre-hearing representation vote directed; union's late request for employee mailing list denied.

The applicant union applied for certification and requested a pre-hearing representation vote.

The parties agreed on the bargaining unit description but disputed the inclusion of numerous individuals.

The applicant also requested that the respondent provide a list of employee names and addresses, which was raised after the Labour Relations Officer's meeting.

The Board directed the pre-hearing representation vote but declined to entertain the request for the employee list because it was not raised at the Officer's meeting, emphasizing the importance of raising all issues at that stage to ensure expeditious processing.

Ontario Public Service Employees Union v. Queen's University at Kingston, 1987 CanLII 3284

W. H. Wightman

OLRB0 cases1981–1996

Patricia Hughes

OLRB0 cases1986–1991

B. L. Armstrong

OLRBOntario Labour Relations BoardJun 10, 1987

Pre-hearing representation vote directed; union's late request for employee address list denied.

The applicant union applied for certification and requested a pre-hearing representation vote.

The parties agreed on a bargaining unit description but disputed the inclusion of numerous individuals.

The applicant also requested that the respondent provide a list of employee names and addresses, which the Board denied because the request was not raised at the prior Officer's meeting.

Finding an appearance of sufficient support, the Board directed the taking of a pre-hearing representation vote, with disputed individuals permitted to cast segregated ballots.

Ontario Public Service Employees Union v. Queen's University at Kingston, 1987 CanLII 3299

R. E. Feige

1 case1986–1986

Joe Leith wood

1 case1986–1986

James Jackson

2 cases1986–1998

Beth Symes

27 cases1980–2014

Judith McCormack

OLRB0 cases1986–1995

J. A. Ronson

OLRB0 cases1980–2001

B. L. Armstrong

OLRBOntario Labour Relations BoardJun 8, 1987

Tavern purchaser declared successor employer; change to 'goth' theme did not terminate bargaining rights.

The applicant union sought a declaration that the respondent was a successor employer following the purchase of a tavern and transfer of its liquor licence.

The respondent argued that no sale of a business occurred because the transaction involved a mortgagee in possession and the premises had been closed.

Alternatively, the respondent sought to terminate bargaining rights due to a substantial change in the character of the business, citing a shift to a 'goth' theme and new wave music.

The Board found that a sale of a business had occurred, as the essential elements, including the premises and liquor licence, were transferred.

The Board also dismissed the request to terminate bargaining rights, holding that changes in decor and entertainment do not constitute a fundamental difference in the nature of the work.

The respondent was declared bound by the collective agreement.

Local 280 of the International Beverage Dispensers' & Bartenders' Union v. John Katsuras, c.o.b. as Krush, 1986 CanLII 1671

Norman A. Keith

21 cases1983–2018

G. T. Surdykowski

OLRB0 cases1986–1999

G. O. Shamanski

B. L. Armstrong

OLRBOntario Labour Relations BoardMay 28, 1987

Three-week suspension for insubordination reduced to ten days due to employer's reliance on unrecorded past incidents.

The applicant union referred a grievance to the Board challenging a three-week suspension imposed on the grievor for insubordination and the use of abusive language towards management.

The employer relied on the culminating incident and several past incidents to justify the penalty.

The Board found that the employer improperly relied on past incidents that did not form part of the grievor's formal disciplinary record.

However, given the grievor's two prior written warnings and the severity of his insubordination, the Board exercised its discretion under section 44(9) of the Labour Relations Act to substitute a ten-day suspension for the original three-week penalty.

International Union of Operating Engineers, Local 793 v. Nadrofsky Corporation, 1987 CanLII 3270

Richard Nixon

23 cases1983–2016

Richard Janda

Joanne L. McMahon

10 cases1987–2016

Robert D. Howe

OLRB0 cases1984–1995

R. M. Sloan

OLRB0 cases1986–2000

B. L. Armstrong

OLRBOntario Labour Relations BoardMay 20, 1987

Certification application dismissed as respondent's feed and seed mills fall under exclusive federal jurisdiction.

The applicant union applied for certification to represent employees of the respondent's seed and feed operations in Blenheim, Ontario.

The respondent raised a preliminary objection, arguing that its operations fell under federal jurisdiction pursuant to section 45 of the Canadian Wheat Board Act and section 92(10)(c) of the Constitution Act, 1867.

The Board reviewed the nature of the respondent's operations, which included a feed mill, feed warehouse, and seed cleaning mills.

The Board concluded that these facilities were works declared by Parliament to be for the general advantage of Canada, placing them within exclusive federal jurisdiction.

Consequently, the Board dismissed the application for lack of constitutional jurisdiction.

United Food & Commercial Workers International Union v. W. G. Thompson & Sons Limited, 1987 CanLII 3275

Richard Blair

29 cases1987–2018

Paul W. Timmins

3 cases1986–1987

Paul Cavalluzzo

28 cases1981–2015

Henry Maeots

E. G. Posen

8 cases1981–1987

S. A. Tacon

OLRB0 cases1984–1991

G. O. Shamanski

B. L. Armstrong

OLRBOntario Labour Relations BoardMay 4, 1987

Successor rights application dismissed because the disaffiliating local union already held the bargaining rights.

The applicant, Independent Local 385, applied under section 62 of the Labour Relations Act for a declaration that it acquired the bargaining rights of its predecessor by reason of a transfer of jurisdiction following its disaffiliation from the Canadian Union of United Brewery, Flour, Cereal, Soft Drink and Distillery Workers.

The respondents argued that the parent union, not the local, held the bargaining rights and that the local disaffiliated without them.

The Board found that the local union had held the bargaining rights for over a decade and retained them upon disaffiliation.

Because the applicant already held the bargaining rights and its identity continued unchanged, it was not a successor trade union.

The application was therefore dismissed.

Independent Local 385 v. Canadian Union of United Brewery, Flour, Cereal, Soft Drink and Distillery Workers and its Local 385, 1987 CanLII 3276

Robert E. Salisbury

5 cases1984–2001

Donald D. Bush

B. Fitzgerald

Robert J. Herman

OLRB0 cases1985–1988

G. 0. Shamanski

OLRB0 cases1986–1995

B. L. Armstrong

OLRBOntario Labour Relations BoardApr 30, 1987

Employer violated statutory freeze by unilaterally altering wage increase dates, cancelling profit-sharing, and changing starting rates.

The union filed complaints alleging the employer violated the statutory freeze provisions of section 79 of the Labour Relations Act.

Following the union's application for certification, the employer, which had recently been acquired by a new parent company, unilaterally changed the date of the annual wage increase, cancelled an existing profit-sharing plan, implemented a new incentive plan for only a portion of the bargaining unit, and lowered starting rates for certain classifications.

The Board applied the 'reasonable expectations' test and found that the employer's actions violated the statutory freeze, as employees reasonably expected the continuation of uniform treatment, the profit-sharing plan, and the historical timing of wage increases.

The Board deferred remedial orders to allow the parties to negotiate a resolution.

United Steelworkers of America v. Trim Trends Canada Limited, 1987 CanLII 3256

Owen V. Gray

OLRB0 cases1983–1992

G. O. Shamanski

B. L. Armstrong