Brain Herlich

OLRBDissenting0 cases1986–2000

R. M. Sloan

Brain Herlich

OLRBMajority (Wrote the majority reasons)0 cases1990–1999

B. L. Armstrong

OLRBMajority0 cases1980–1997

OLRBOntario Labour Relations BoardJun 22, 1990

Related employer declaration granted where trucking company transferred contracted-out shunting work to a commonly controlled corporation.

The applicant union sought a declaration under section 1(4) of the Labour Relations Act that Cronkwright Transport Limited and Erie Employee Services Ltd. constituted a single employer.

Cronkwright had previously contracted out shunting work to an independent operator but later transferred the work to Erie, a related corporation under common control.

The Board found that the essential elements of a related employer relationship were present and that the transfer of work to a related entity, rather than an arm's-length contractor, threatened to erode bargaining rights.

The Board exercised its discretion to grant the declaration, binding Erie to the collective agreement.

A dissenting member would have dismissed the application on grounds of delay and the employees' right to free choice.

Teamsters Local Union 879 v. Cronkwright Transport Limited, 1990 CanLII 5739

Terence J. Billo

Not Practising Law7 cases1985–2008

W. A. Correll

K. Davies

Brain Herlich

OLRBOntario Labour Relations BoardFeb 7, 1990

Employee association granted trade union status and certified as bargaining agent.

The applicant, an employee association, applied for certification to represent employees of the respondent.

The Ontario Labour Relations Board held a hearing to determine whether the applicant was a trade union within the meaning of the Labour Relations Act.

The Board reviewed the steps taken to form the association, including the adoption of a constitution and the election of officers, and concluded that the applicant was a viable organization formed for the purpose of representing employees in labour relations.

Finding that more than 55% of the employees in the bargaining unit were members of the applicant, the Board granted the application and issued a certificate.

United Employees of Standard Industrial Technologies Inc. v. Standard Industrial Technologies Inc., 1990 CanLII 5652

P. M. Rusak

6 cases1980–1997

Larry Adams

K. Davies

OLRBUnanimous0 cases1980–2001

J. A. Ronson

Brain Herlich

OLRBOntario Labour Relations BoardJan 26, 1990

A collective agreement executed after a termination application cannot retroactively render the application untimely.

The applicant filed an application for a declaration terminating the respondent union's bargaining rights.

The union argued the application was untimely because a collective agreement, executed after the application was filed, had a retroactive duration clause that covered the date of the application.

The Board held that the timeliness of a termination application is determined at the time it is filed.

A collective agreement signed subsequent to the application cannot retroactively render it untimely.

The application was found to be timely and a representation vote was directed.

Robert A. Wallace v. United Food & Commercial Workers International Union, Local 175, 1990 CanLII 5731

B. W. Adams

8 cases1980–1995

W. A. Correll

OLRBUnanimous0 cases1987–1998

C. McDonald

Brain Herlich

OLRBOntario Labour Relations BoardJan 17, 1990

Board orders limited production of time cards in termination of bargaining rights application.

In an application for a declaration terminating bargaining rights, the union sought production of various employer documents via a summons duces tecum.

The Board initially denied the broad request as a fishing expedition.

Subsequently, the union narrowed its request.

The Board directed the employer to produce time cards for specific dates to address allegations of management involvement in the petition's circulation, while other document requests were resolved by agreement.

Marjorie Meighan v. Hotel Motel and Restaurant Employees Union Local 442, 1990 CanLII 5715

for all Respondents

K. ScottCounsel
1 appearance
S. B. D. WahlCounsel
1 appearance

for IWA Canada Local 1-1000

Brian BrohartUnion representative
1 appearance
Michael McCarterUnion representative
1 appearance
Lori GibsonUnion representative
1 appearance
Mark ThompsonUnion representative
1 appearance
Michael GottheilCounsel
1 appearance

for Madawaska Hardwood Flooring Inc.

Dan PalayewCounsel
1 appearance
Chris WhiteCounsel
1 appearance
Denis StaplesAgent
1 appearance
Laurence PrystawskiCounsel
1 appearance
Ross StaplesAgent
1 appearance

for McMaster University

Lori ThompsonAgent
1 appearance
Heather LarmourAgent
1 appearance
Robert J. AtkinsonCounsel
1 appearance
Joan BowmanAgent
1 appearance

for the applicant

David McKeeCounsel
3 appearances
N. L. JesinCounsel
2 appearances
Elizabeth M. MitchellCounsel
2 appearances
D. MacllraveyCounsel
1 appearance
Don CarynCounsel
1 appearance
Don CarynAgent
1 appearance
Edward KokAgent
1 appearance
Elizabeth MitchellCounsel
1 appearance
E. M. MitchellCounsel
1 appearance
Eric DesbiensUnion representative
1 appearance
Fred JepsonCounsel
1 appearance
Fred JepsonAgent
1 appearance
G. GiffordCounsel
1 appearance
Gurgit Pal SinghAgent
1 appearance
Harry KopytoAgent
1 appearance
Hugh LairdCounsel
1 appearance
Ian J. FellowsCounsel
1 appearance
I. GrantUnion representative
1 appearance
Jack KirkbyCounsel
1 appearance
J. AggimentiAgent
1 appearance

for the Applicant

C. J. AbbassCounsel
1 appearance
Doug EastmanAgent
1 appearance
Klaus WillroiderSelf-represented
1 appearance
Robert A. WallaceSelf-represented
1 appearance

for the applicant/complainant

D. A. McKeeCounsel
1 appearance
J. NeilsonCounsel
1 appearance

for the applicant in Board File 3247-89-R

Christopher E. ClermontCounsel
1 appearance
Gerard PoirierAgent
1 appearance

for the applicants

Donald FeenerSelf-represented
1 appearance
Ian S. CampbellCounsel
1 appearance
John JordanSelf-represented
1 appearance
Steven GadboisCounsel
1 appearance

for the applicants in Board File 0007-99-U

James ThomasSelf-represented
1 appearance

for the complainant

A. J. AheeUnion representative
1 appearance
Frank RendellUnion representative
1 appearance
George MarshallAgent
1 appearance
Mary HartUnion representative
1 appearance
Mary MarshallAgent
1 appearance
Mike WeberUnion representative
1 appearance
M. ZangariUnion representative
1 appearance
Paul KessigUnion representative
1 appearance
Peggy GasiorekSelf-represented
1 appearance
Robert McKayUnion representative
1 appearance

for the intervener

Alick RyderCounsel
1 appearance
A. PerezAgent
1 appearance
Bruno GagnonAgent
1 appearance
B. W. AdamsCounsel
1 appearance
C. GastonguayCounsel
1 appearance
C. VermeyCounsel
1 appearance
Donald MooreCounsel
1 appearance
Frank A. AngelettiCounsel
1 appearance
Jim RaglanCounsel
1 appearance
J. J. SlaughterCounsel
1 appearance
Joe KieferCounsel
1 appearance
K. BrownCounsel
1 appearance
M. GottheilCounsel
1 appearance
Roger LortieAgent
1 appearance
S. KrashinskyCounsel
1 appearance
T. RyanAgent
1 appearance

for the Intervener

Larry AdamsCounsel
1 appearance
Lorne BretzlaffAgent
1 appearance
P. M. RusakCounsel
1 appearance
Terry ChurchmuchAgent
1 appearance

for the intervenor

Mike RyanAgent
1 appearance
Steven HudsonAgent
1 appearance
Sandra L. BickleyAgent
1 appearance
John E. BrooksCounsel
1 appearance
John W. WoonCounsel
1 appearance
Michael P. FitzgibbonCounsel
1 appearance

for the Intervenor

Bruce LepineSelf-represented
1 appearance

for the objectors

W. J. PearlSelf-represented
1 appearance
P. ClaytonSelf-represented
1 appearance
M. HammondAgent
1 appearance
K. J. NevilleSelf-represented
1 appearance

for the respondent

E. L. StringerCounsel
2 appearances
Robert McKayCounsel
1 appearance
Robin B. CumineCounsel
1 appearance
Rod ParkerAgent
1 appearance
S. KaptynAgent
1 appearance
S. Y. TurenneCounsel
1 appearance
W. ThorntonCounsel
1 appearance
W. WhyteUnion representative
1 appearance
Bob NikolicAgent
1 appearance
Craig SuttonAgent
1 appearance
D. WirtzCounsel
1 appearance
George RontirisCounsel
1 appearance
Graham ClarkeCounsel
1 appearance
James A. WhyteUnion representative
1 appearance
J. D. ChurchAgent
1 appearance
Larry DavisAgent
1 appearance
Mr. BickfordCounsel
1 appearance
M. SheinbergAgent
1 appearance
R. BordeleauCounsel
1 appearance
R. DavidsonAgent
1 appearance

for the Respondent

Lionel G. ClarkeUnion representative
1 appearance

for the respondents

D. H. RapelieAgent
1 appearance
Donna GuidolinCounsel
1 appearance
F. G. HamiltonCounsel
1 appearance
George W. WilsonUnion representative
1 appearance
Jack CronkwrightAgent
1 appearance
Jeffrey SchofieldAgent
1 appearance
John BurnsAgent
1 appearance
J. RasoCounsel
1 appearance
Patricia FreemanUnion representative
1 appearance
Roy FilionCounsel
1 appearance
Vince JohnstonAgent
1 appearance
Brenda BillerAgent
1 appearance
Cliff BennettAgent
1 appearance
Cliff CoffinAgent
1 appearance
Derek RodgersUnion representative
1 appearance
S. R. HennessyAgent
1 appearance

for the responding party

Kalli ChapmanCounsel
2 appearances
Harold BallCounsel
2 appearances
Ian S. CampbellCounsel
2 appearances
Darrel SmithCounsel
2 appearances
Ron DanceyAgent
2 appearances
K. McNamaUnion representative
1 appearance
Leo JoyceUnion representative
1 appearance
Lorne RachlisCounsel
1 appearance
Maggie WilsonUnion representative
1 appearance
Mary MachkovskiUnion representative
1 appearance
Murray SandersonCounsel
1 appearance
Nelson RolandCounsel
1 appearance
N. Paul CloutierAgent
1 appearance
Patrick McNeilAgent
1 appearance
Paul BelangerAgent
1 appearance
Paul BoniferroCounsel
1 appearance
Peter Chau-yinAgent
1 appearance
Petra VanderleyAgent
1 appearance
Ron MacDonaldAgent
1 appearance
Salima PadamseyAgent
1 appearance

on behalf of the intervenors

Bruce SevignyCounsel
1 appearance
Ken KroetshSelf-represented
1 appearance
Louise LaporteSelf-represented
1 appearance

on his own behalf

Ian WalkerSelf-represented
1 appearance

Decisions

Years active

Tribunals

0.4

cases/mo

OLRB45(100%)

Decision types

trial

motion

/Adjudicator

Brain Herlich — Vice-Chair

Employment and Labour Law

Administrative Law

Other Tribunals

Construction Law

Brain Herlich

Vice-Chair·Ontario Labour Relations Board·Since 1990

cases · 10 yrs · OLRB

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 32Vice-Chair· 7Vice-Chair· 5Vice-Chair· Chair· 1

S. B. D. Wahl

154 cases1980–2001

K. Scott

2 cases1990–2025

C. J. Abbass

37 cases1980–2001

R. M. Sloan

OLRBUnanimous0 cases1986–2000

E. G. Theobald

OLRBUnanimous0 cases1983–1995

Brain Herlich

OLRBOntario Labour Relations BoardSep 10, 1990

Union held to settlement agreement on bargaining unit size; decertification petition found voluntary and vote ordered.

The applicant filed an application to terminate the bargaining rights of the respondent union.

The parties had previously signed an Officer's Report agreeing that there was one employee in the bargaining unit on the application date.

At the hearing, the union attempted to resile from this agreement, arguing there were no employees in the unit.

The Board held the union to its agreement, emphasizing the importance of settlement documents.

A representation vote was ordered.

Klaus Willroider v. The International Brotherhood of Electrical Workers, 1990 CanLII 5780

Roy Filion

55 cases1987–2019

N. L. Jesin

70 cases1987–2001

Donna Guidolin

Not Practising Law7 cases1990–2022

D. Macllravey

OLRBDissenting0 cases1986–2000

R. M. Sloan

Brain Herlich

OLRBMajority (Wrote the majority reasons)0 cases1990–1999

B. L. Armstrong

OLRBMajority0 cases1980–1997

OLRBOntario Labour Relations BoardJun 22, 1990

Related employer declaration granted where trucking company transferred contracted-out shunting work to a commonly controlled corporation.

The applicant union sought a declaration under section 1(4) of the Labour Relations Act that Cronkwright Transport Limited and Erie Employee Services Ltd. constituted a single employer.

Cronkwright had previously contracted out shunting work to an independent operator but later transferred the work to Erie, a related corporation under common control.

The Board exercised its discretion to grant the declaration, binding Erie to the collective agreement.

A dissenting member would have dismissed the application on grounds of delay and the employees' right to free choice.

Teamsters Local Union 879 v. Cronkwright Transport Limited, 1990 CanLII 5739

Terence J. Billo

Not Practising Law7 cases1985–2008

W. A. Correll

K. Davies

Brain Herlich

OLRBOntario Labour Relations BoardFeb 7, 1990

Employee association granted trade union status and certified as bargaining agent.

The applicant, an employee association, applied for certification to represent employees of the respondent.

The Ontario Labour Relations Board held a hearing to determine whether the applicant was a trade union within the meaning of the Labour Relations Act.

Finding that more than 55% of the employees in the bargaining unit were members of the applicant, the Board granted the application and issued a certificate.

United Employees of Standard Industrial Technologies Inc. v. Standard Industrial Technologies Inc., 1990 CanLII 5652

P. M. Rusak

6 cases1980–1997

Larry Adams

K. Davies

OLRBUnanimous0 cases1980–2001

J. A. Ronson

Brain Herlich

OLRBOntario Labour Relations BoardJan 26, 1990

A collective agreement executed after a termination application cannot retroactively render the application untimely.

The applicant filed an application for a declaration terminating the respondent union's bargaining rights.

The union argued the application was untimely because a collective agreement, executed after the application was filed, had a retroactive duration clause that covered the date of the application.

The Board held that the timeliness of a termination application is determined at the time it is filed.

A collective agreement signed subsequent to the application cannot retroactively render it untimely.

The application was found to be timely and a representation vote was directed.

Robert A. Wallace v. United Food & Commercial Workers International Union, Local 175, 1990 CanLII 5731

B. W. Adams

8 cases1980–1995

W. A. Correll

OLRBUnanimous0 cases1987–1998

C. McDonald

Brain Herlich