Bram Herlich

OLRBOntario Labour Relations BoardSep 26, 2001

Application withdrawn with leave of the Board, allowing payout of funds held in trust.

The applicant requested to withdraw its application regarding an Order to Pay.

The Ontario Labour Relations Board granted leave to withdraw the application, removing any obstacle preventing the Director from paying out funds currently held in trust pursuant to the Order to Pay.

Bath Fitter, Etobicoke v. Averill LeCoure and Ministry of Labour, 2001 CanLII 8178

Bram Herlich

OLRBOntario Labour Relations BoardSep 25, 2001

Application withdrawn by leave of the Board on agreement of the parties.

The applicant sought to withdraw the application.

Having regard to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

Richardo C. Malcolm v. TorPharm Inc., 2001 CanLII 16329

Bram Herlich

Board directs applicant to file particulars of duty of fair representation complaint.

The applicant filed an application alleging the union violated section 74 of the Labour Relations Act, 1995.

The union requested the application be dismissed without a hearing due to a lack of particulars.

The Board directed the applicant to file a brief written statement outlining the material facts relied upon, after which the union would have an opportunity to reply and renew its request for dismissal.

Joe Bretsznajder v. Canadian Union of Public Employees, Local 434, 2001 CanLII 18413

Bram Herlich

Application withdrawn by leave of the Board following execution of a Memorandum of Settlement.

During a consultation, the parties executed a Memorandum of Settlement.

Having regard to the agreement, the application was withdrawn by leave of the Board.

Mirjana Prostran v. United Food and Commercial Workers International Union, Local 1000A, 2001 CanLII 11536

Bram Herlich

Application terminated following pre-hearing settlement between the parties.

The applicant's representative advised the Board that the parties had reached a settlement prior to the scheduled hearing.

The Board ordered the matter terminated.

Justin Long v. Walters Inc., 2001 CanLII 10074

Order to Pay vacated and trust monies returned to employer after employee succeeded in concurrent wrongful dismissal action.

The applicant employer sought to review an Order to Pay issued under the Employment Standards Act.

The affected employee had concurrently pursued a wrongful dismissal action in court, which was ultimately successful, and leave to appeal to the Supreme Court of Canada was denied.

The employee subsequently confirmed he no longer asserted any claim to the monies held in trust for the ESA claim.

Given the circumstances and the positions of the parties, the adjudicator vacated the Order to Pay and directed the return of all trust monies to the applicant.

Beaver Lumber Company Limited v. Jim Epoch and Ministry of Labour, 2001 CanLII 9702

Bram Herlich

OLRBOntario Labour Relations BoardSep 12, 2001

Duty of fair representation complaint dismissed where employee failed to seek union assistance before resigning.

The applicant filed a duty of fair representation complaint against his union after resigning from his employment.

He alleged the union failed to support him regarding workplace discipline and a subsequent demotion.

The Board dismissed the application, finding that the applicant had withdrawn an earlier grievance and failed to seek the union's assistance for several months despite ongoing employment issues.

When he finally approached the union, it was to advance an unmeritorious claim for higher pay while performing lower-rated work.

The Board concluded the union did not act arbitrarily, discriminatorily, or in bad faith.

John Steadman v. Canadian Automotive Workers Union (CAW), 2001 CanLII 9169

Bram Herlich

OLRBOntario Labour Relations BoardAug 21, 2001

Application for review of employment standards decision dismissed due to applicant's failure to attend hearing.

The applicant sought a review of an Employment Standards Officer's refusal to issue an order.

At the scheduled hearing, the applicant failed to appear.

After waiting the customary half hour, the Board proceeded in the applicant's absence.

Upon motion by the responding parties, the Board dismissed the application due to the applicant's failure to attend.

William Wesley v. Morrison’s Auto Body & Sales and Ministry of Labour, 2001 CanLII 4276

Bram Herlich

Employer's request for reconsideration of a decision directing applicant submissions on a prima facie motion rejected.

The applicant filed an application alleging a violation of section 74 of the Labour Relations Act, 1995 by the union.

The union requested the application be dismissed for failing to disclose a prima facie case.

The Board directed the applicant to file submissions in response.

The intervenor employer subsequently sought reconsideration of the Board's decision directing submissions, and requested an opportunity to review and respond to the applicant's submissions.

The Board rejected the employer's request for reconsideration, noting that in determining whether an application discloses a prima facie case, the Board generally confines its view to the applicant's pleadings.

The matter was directed to proceed to a consultation.

Antonio Edmilson Bellan v. Hotel Employees, Restaurant Employees Union, Local 75, 2001 CanLII 18372

Bram Herlich

Board directed applicant to provide further submissions before ruling on union's request to dismiss complaint.

The applicant filed a duty of fair representation complaint against the union regarding its handling of grievances related to a job posting.

The union requested that the Board dismiss the application for failing to disclose a prima facie case.

The Board directed the applicant to file a response to the union's request and provide further details about the grievances and collective agreement provisions relied upon before making a determination.

David Wayne Sager v. Service Employees International Union, Local 183, 2001 CanLII 15787

Steve Bernardo

1 case2001–2001

Linda Gordon

2 cases2001–2001

Bram Herlich

Certification granted; Board relieved against strict application of rules for minor deficiency in delivering forms.

The applicant union applied for certification to displace the incumbent union.

The responding employer argued the application should be dismissed because the applicant failed to deliver Form C-1 in a timely fashion as required by Rule 67.

The Board relieved against the strict application of the Rules under Rule 44, finding the deficiency was marginal, was cured quickly, and caused no actual prejudice.

The Board also addressed the incumbent's concerns about poll locations, noting the vote margin made the issue moot.

The parties agreed on the bargaining unit description, and the Board certified the applicant union following its victory in the representation vote.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Sysco Foodservice of Ontario, 2001 CanLII 10131

Bram Herlich

Application withdrawn by leave of the Board following execution of Minutes of Settlement.

The applicant filed an application before the Ontario Labour Relations Board.

On the day scheduled for the hearing, the parties executed Minutes of Settlement with the assistance of a Labour Relations Officer.

Having regard to the agreement, the Board granted leave to withdraw the application.

John Duke v. I.A.T.S.E. International I.A.T.S.E. 873, 2001 CanLII 6124

Bram Herlich

Duty of fair representation complaint dismissed; union reasonably concluded grievance over mistakenly offered severance lacked merit.

The applicant filed a duty of fair representation complaint against the union for refusing to advance his grievance to arbitration.

The grievance alleged that the employer improperly retracted a severance payment offer made during a transition to a new collective agreement.

The union determined the grievance lacked merit because the applicant was not facing a rate reduction and therefore was not entitled to the severance payment under the transition terms.

The Board dismissed the complaint, finding the union's assessment of the grievance's merits and its decision not to proceed to arbitration were reasonable.

Doug May v. Retail, Wholesale Canada Canadian Autoworkers Division, 2001 CanLII 2720

Bram Herlich

OLRBOntario Labour Relations BoardAug 9, 2001

Request for reconsideration dismissed as applicant provided no new evidence.

The applicant filed a request for reconsideration of the Board's decision dated June 29, 2001.

The Board noted that a request for reconsideration is not an opportunity to re-argue an unsuccessful case and is generally only entertained if new, determinative evidence is provided that could not have been obtained previously with due diligence.

The applicant failed to provide any new information that was not or could not have been placed before the Board previously.

The request for reconsideration was dismissed.

Wendy Ho v. Ontario Nurses Association, 2001 CanLII 9783

Bram Herlich

OLRBOntario Labour Relations BoardJul 26, 2001

Board directs consultation after union abandons member's grievance for lost wages without explanation.

The applicant filed an application regarding the union's handling of his harassment and lost wages concerns.

The union initially relied on the fact that a grievance had been filed, but the applicant subsequently provided correspondence showing the union decided not to proceed to arbitration.

Given the lack of explanation for abandoning the grievance, particularly the concrete claim for lost wages, the Board directed the Registrar to list the matter for consultation.

Antonio Edmilson Bellan v. Hotel Employees, Restaurant Employees Union, Local 75, 2001 CanLII 11776

J. A. Ronson

OLRBUnanimous0 cases1980–2001

D. A. Patterson

OLRBUnanimous0 cases1986–2001

Bram Herlich

OLRBUnanimous (Wrote the reasons)0 cases1990–2026

OLRBOntario Labour Relations BoardJul 23, 2001

Board declined to issue consent award incorporating settlement signed by employer but not applicant union.

The employer requested the Board to issue a decision incorporating a Memorandum of Agreement regarding damages for two employees, following a previous finding of unfair labour practices.

The union, which was the applicant in the original proceedings but had since been decertified, opposed the request and was not a party to the agreement.

The Board declined to issue a consent award, noting that the agreement was signed by only one party to the application, and remained seized with respect to issues of remedy.

Amalgamated Transit Union, Local 1703 v. McDonnell-Ronald Limousine Services Limited, 2001 CanLII 16439

Bram Herlich

OLRBOntario Labour Relations BoardJul 18, 2001

Appeal of stop work order adjourned sine die following execution of Minutes of Settlement.

The applicant appealed a stop work order issued by an Inspector under the Occupational Health and Safety Act.

On the scheduled hearing day, the applicant and the Ministry of Labour executed Minutes of Settlement providing for the interim suspension of the order upon completion of certain steps.

The Board adjourned the matter sine die for up to one year, after which it will be deemed terminated unless re-listed.

Trans-Cycle Industries Inc. v. Nelson Neville and Ministry of Labour, 2001 CanLII 3913

Bram Herlich

OLRBOntario Labour Relations BoardJul 16, 2001

Board orders new representation vote in certification application following parties' agreement.

The applicant union applied for certification.

On the scheduled hearing date, the parties filed a Memorandum of Agreement.

The Board directed that a new representation vote be held, noting that proper notice of the first vote was not provided to all employees.

The Board ordered the employer to post notices of the new vote and referred the matter to the Registrar.

Canadian Union of Public Employees v. Algoma District Health Unit, 2001 CanLII 18513

Jeremy Warning

In Private Practice22 cases2000–2022

D. Brent Labord

14 cases1989–2015

Bram Herlich

OLRBOntario Labour Relations BoardJul 6, 2001

Application for termination pay dismissed; repeated refusal to wear safety equipment constituted wilful misconduct.

The applicant sought a review of an Employment Standards Officer's decision denying him termination pay.

The applicant was terminated after repeatedly refusing to wear required protective eye gear and a full face shield, despite multiple directions from the employer.

The Board found that the applicant's unjustified and unexplained refusal to wear protective health and safety equipment constituted wilful misconduct under the Employment Standards Act, exempting the employer from providing notice of termination.

The application was dismissed.

Afifi Khalil v. Linamar Company, Vehcom Manufacturing a Division of Comtech Manufacturing Ltd., 2001 CanLII 5151

Brian Mikulinski

Licence Surrendered - Administrative Surrender of Licence2 cases2001–2017

Bram Herlich

OLRBOntario Labour Relations BoardJul 4, 2001

Request to reconsider partial dismissal of duty of fair representation complaint denied.

The applicant's representative requested that the Board reconsider its decision dismissing portions of a duty of fair representation complaint.

The representative argued he was not apprised of developments while another counsel briefly represented the applicant.

The Board declined to reconsider, noting that the applicant had been provided an opportunity to respond to preliminary motions through her then-counsel, and the representative's largely erroneous submissions provided no reason to revisit the decision.

Eva Kiss v. Amalgamated Transit Union, Local 113, 2001 CanLII 3523

for Airline Limousine

Mark A. StoneCounsel
2 appearances
Nick LeimonisAgent
2 appearances

for Amalgamated Transit Union, Local 1703

Emile DagherUnion representative
2 appearances
Cynthia D. WatsonCounsel
2 appearances

for Beaver Lumber Company Limited

Matt CertosimoCounsel
1 appearance

for Conseil scolaire de district catholique centre-sud

Yvan O’ConnorAgent
1 appearance

for CUPE Local One

Vic DemeloUnion representative
1 appearance
Doug LefaiveUnion representative
1 appearance

for Front End Specialists

Cathy PortuondoAgent
1 appearance
Arsenio PortuondoAgent
1 appearance

for Ginoogaming First Nation

A. RasevychCounsel
1 appearance

for Glopak Inc.

Jacques GirouxAgent
1 appearance

for himself

Carlos E. MarchSelf-represented
1 appearance

for James Gingerich

Derrick BewsterAgent
1 appearance
James GingerichSelf-represented
1 appearance

for Kimberly Clark Forest Products Inc.

R. E. MannistoCounsel
1 appearance

for Linamar Company, Vehcom Manufacturing

D. Brent LabordCounsel
1 appearance
Peter JovanovichAgent
1 appearance
Chris MacRaeAgent
1 appearance

for Long Lake Employees Association and Ginoogaming First Nation

John EricksonCounsel
1 appearance

for Long Lake Forest Products Inc.

F.J. W. BickfordCounsel
1 appearance
T. E. InglisCounsel
1 appearance

for Ministry of Labour

Karima ChaturCounsel
1 appearance

for Morrison’s Auto Body & Sales

Randy MorrisonAgent
1 appearance

for Mr. Keating, A Third Party

Andrew CammanCounsel
1 appearance

for Ontario Provincial Police

Lynn DonnellyCounsel
2 appearances

for Roch Drouin

Roch DrouinSelf-represented
1 appearance
Louise LacasseAgent
1 appearance

for Teamsters Local Union 91

A. PapineauUnion representative
1 appearance

for the applicant

Ed. OgizowskiAgent
1 appearance
B. JamesCounsel
1 appearance
Mike DesbiensCounsel
1 appearance
Eugenia CappetteroAgent
1 appearance
Shainshir GillAgent
1 appearance
Frank LuceCounsel
1 appearance
H. KopytoAgent
1 appearance
Tina LindsayCounsel
1 appearance
Jeff EleveldAgent
1 appearance
Mike DubreuilAgent
1 appearance
Mike McCrearvCounsel
1 appearance
George BalisSelf-represented
1 appearance
Francis KeysAgent
1 appearance
Gabriel AzmitiaAgent
1 appearance
Ruth WarnerAgent
1 appearance
Linda AckworthCounsel
1 appearance
Bonita AlmondSelf-represented
1 appearance
Donald K. EadyCounsel
1 appearance
Bev CliffordAgent
1 appearance
Allison CormieSelf-represented
1 appearance

for the Applicant

Bienvenido T. PascoSelf-represented
1 appearance
Emmanuel AbegunrinSelf-represented
1 appearance
Rick OverendSelf-represented
1 appearance
Kevin HayesSelf-represented
1 appearance
Afifi KhalilSelf-represented
1 appearance

for the applicants

Tim HanniganCounsel
1 appearance
Diane MargisAgent
1 appearance
Raja WysockiSelf-represented
1 appearance
Graham SmithSelf-represented
1 appearance
Howard CadeskySelf-represented
1 appearance
Allen OuelletteSelf-represented
1 appearance
Mira KatzSelf-represented
1 appearance
Richard BosadaAgent
1 appearance
Joffre BerubéSelf-represented
1 appearance
Reneé LégerSelf-represented
1 appearance
Harriet KatzAgent
1 appearance
Shelley Robinson-FoleySelf-represented
1 appearance
Dave HepworthAgent
1 appearance
Ed J. HolmesCounsel
1 appearance
Heather MacKinnonSelf-represented
1 appearance
Janet van den HeuvelSelf-represented
1 appearance
Charles WilburnSelf-represented
1 appearance

for the applicants in Board File 2185-97-R

Nick PapaioannouSelf-represented
1 appearance
David PeeverSelf-represented
1 appearance

for the Association

Kelly DoctorCounsel
7 appearances
Larry RobbinsAgent
2 appearances
Sarah RostomCounsel
1 appearance
Marisa PollockCounsel
1 appearance

for the Canadian Union of Public Employees

James KeenanUnion representative
1 appearance
Dave BanksUnion representative
1 appearance

for the CAW Canada

Lewis GottheilCounsel
1 appearance

for the complainant

H. John BarnesSelf-represented
1 appearance
Manuel MartinsAgent
1 appearance
Anthony MaiheiroAgent
1 appearance
Jos 2i MartinsAgent
1 appearance
L. E. LeblancAgent
1 appearance

for the employee

Mia LondonCounsel
1 appearance
Elisabeth BruckmannCounsel
1 appearance

for the employer

Maura PelletierAgent
1 appearance
Kaleem AhmadCounsel
1 appearance
Paul DellemanAgent
1 appearance
Christopher LeafloorCounsel
1 appearance
Ken HughesAgent
1 appearance

for the Employer

Suneel BahalCounsel
16 appearances
Peter DailleboustCounsel
12 appearances
Kevin DorganCounsel
9 appearances
Susan MunnCounsel
8 appearances
George ParrisCounsel
7 appearances
Stewart McMahonCounsel
7 appearances
Lisa CompagnoneCounsel
6 appearances
Caroline CohenCounsel
6 appearances
Omar ShahabCounsel
5 appearances
Roslyn BaichooCounsel
5 appearances
Debra KyleCounsel
5 appearances
Felix LauCounsel
5 appearances
Christopher JodhanCounsel
5 appearances
Robert FredericksCounsel
5 appearances
Greg GledhillAgent
4 appearances
Michael BriscoeAgent
4 appearances
Michelle DobranowskiCounsel
4 appearances
Brian LoewenCounsel
4 appearances
Joohyung LeeCounsel
3 appearances
John O'ReillyCounsel
3 appearances

for the employer SACCK

Maureen AddieAgent
1 appearance

for the Grievor

Allison Kabayama-HunUnion representative
1 appearance
Don MartinUnion representative
1 appearance
Graham WilliamsonCounsel
1 appearance

for the International Brotherhood of Electrical Workers, Local 636

Harold G. VanceUnion representative
1 appearance

for the intervenor

John L. StoutCounsel
1 appearance
Craig WallaceAgent
1 appearance
Garry ThayerAgent
1 appearance
Elizabeth BlundenCounsel
1 appearance
David WhiteCounsel
1 appearance
Marianne ChandlerAgent
1 appearance
Mike AzizCounsel
1 appearance
Peter ChauvinAgent
1 appearance
Graham WellsCounsel
1 appearance
Fred Von VehCounsel
1 appearance
Lith MartellAgent
1 appearance
Janice CarneyAgent
1 appearance
Peter VanderkloetUnion representative
1 appearance
Marlene AdelsonAgent
1 appearance
Grant BowersCounsel
1 appearance
Paul DeBuonoCounsel
1 appearance
Patricia G. MurrayAgent
1 appearance
Dolores BarbiniCounsel
1 appearance
John MorrisonCounsel
1 appearance
Karen SargeantCounsel
1 appearance

for the Intervenors (the Skilled Trades Employees)

Dennis CharbonneauAgent
1 appearance

for the Ministry of Labour

Alicia Gordon-FaganCounsel
3 appearances
Grainne McGrathCounsel
3 appearances
Murray KleinCounsel
2 appearances
Jeremy WarningCounsel
2 appearances
Karima ChaturAgent
2 appearances
L. EisenbergCounsel
2 appearances
Karima ChaturCounsel
1 appearance
Mark ShurvinCounsel
1 appearance
Mircho MirchevAgent
1 appearance
Karen NortheyCounsel
1 appearance
Frank CamilleriCounsel
1 appearance
K. LivingstoneCounsel
1 appearance
Bruce ArnottCounsel
1 appearance
Heidi Ann Lazar-MeynCounsel
1 appearance
Dan BeaulieuAgent
1 appearance

for the Office of the Chief Coroner

Hera EvansCounsel
1 appearance

for the Ontario Provincial Police

Claudia BrabazonCounsel
2 appearances

for the respondent

B. CarrozziAgent
1 appearance
James D. ChurchAgent
1 appearance
A. M. MinskyCounsel
1 appearance
Gino San giovanniAgent
1 appearance
Russel ZinnCounsel
1 appearance
Nancy A. EberCounsel
1 appearance
Peter BourqueAgent
1 appearance

for the responding parties

Bob MasonCounsel
1 appearance
Ted PorterSelf-represented
1 appearance
Joe TasconaCounsel
1 appearance

for the responding party

Brian WrightAgent
1 appearance
Risa PancerAgent
1 appearance
Gus ArrigoCounsel
1 appearance
Calvin CampbellAgent
1 appearance
S. HerseUnion representative
1 appearance
Richard RolloxUnion representative
1 appearance
Paul McLavghlinCounsel
1 appearance
Raymond VaillancourtAgent
1 appearance
Joanne MurphyUnion representative
1 appearance
Mike SmithAgent
1 appearance
Finian NelsonAgent
1 appearance
Ted McDermottCounsel
1 appearance
Robert GibsonUnion representative
1 appearance
Marc ValliancourtAgent
1 appearance
Dave EllulUnion representative
1 appearance
John ColettiCounsel
1 appearance
Jim ForsterAgent
1 appearance
Nancy TossavainenUnion representative
1 appearance
Greg MichalukUnion representative
1 appearance
Michelle L. DabsCounsel
1 appearance

for the responding party Times Fiber Canada Ltd.

Lillian DunbarAgent
1 appearance
John MartelliAgent
1 appearance
Barry HoltAgent
1 appearance

for the SEIU Local 663

Garry ThayerUnion representative
1 appearance

for the Third Party

Andrew F. CammanCounsel
1 appearance

for the Union

Ed HolmesCounsel
25 appearances
John BrewinCounsel
12 appearances
Tim HanniganCounsel
9 appearances
Jesse GutmanUnion representative
8 appearances
Stephen GilesUnion representative
8 appearances
Richard BlairCounsel
7 appearances
Mae J. NamCounsel
6 appearances
Jim PaulUnion representative
6 appearances
Tim MulhallUnion representative
5 appearances
Jane LettonCounsel
4 appearances
Seung ChiUnion representative
4 appearances
Mireille GirouxCounsel
3 appearances
Val PatrickUnion representative
3 appearances
James McDonaldCounsel
3 appearances
Shae MacPhersonCounsel
3 appearances
David WrightCounsel
3 appearances
Gavin LeebCounsel
3 appearances
James K. McDonaldCounsel
3 appearances
Craig FloodCounsel
2 appearances
Robin GordonUnion representative
2 appearances

for Toronto Hydro-Electric Commission

Glen RawsonAgent
1 appearance
Sharon HallAgent
1 appearance
E. C. Carla ZabekCounsel
1 appearance

for Westario Power Services Inc., Westario Power Inc., and Westario Power Holdings Inc.

Guy CluffAgent
1 appearance

on behalf of Norampac Inc

Toni LionettiAgent
1 appearance
Fiona SterlingAgent
1 appearance
Stephen BullAgent
1 appearance

on behalf of the applicant

Rita QuonSelf-represented
2 appearances
J. S. CliffeAgent
1 appearance
J. S. CliffeCounsel
1 appearance

on behalf of the applicants in Board File 2185-97-R

David PeeverSelf-represented
1 appearance
Nick PapaioannouSelf-represented
1 appearance

on behalf of the intervenor

David IrvineAgent
1 appearance
Andy AndersonAgent
1 appearance
Leslee WillsAgent
1 appearance
Shane SmithAgent
1 appearance

on behalf of the Ministry of Labour

Jeremy WarningCounsel
2 appearances
Laurie EisenbergCounsel
1 appearance
L. EisenbergCounsel
1 appearance

on behalf of the responding parties Marie Estrelita Castro and Aledin Castro

Aledin M. CastroSelf-represented
1 appearance
Columbia DiazAgent
1 appearance

on behalf of the responding party

Shawn WilliamsUnion representative
1 appearance
Tom DattilolUnion representative
1 appearance
Rob HobbsUnion representative
1 appearance
Don WarnerUnion representative
1 appearance
Thomas ParkUnion representative
1 appearance
Geoff DalzielUnion representative
1 appearance

on her own behalf

Danusia SzpakSelf-represented
1 appearance

on his own behalf

John SteadmanSelf-represented
1 appearance
Ross McBrideSelf-represented
1 appearance
Hector (Chuck) DepelteauSelf-represented
1 appearance
Douglas L. CritchSelf-represented
1 appearance
Tom JohnstonSelf-represented
1 appearance
Ed FroomeSelf-represented
1 appearance
Peter PleasantSelf-represented
1 appearance
Barry WeislederSelf-represented
1 appearance
Doug MaySelf-represented
1 appearance
A. George DragoneSelf-represented
1 appearance
Walter F. PintoSelf-represented
1 appearance

on their own behalf

Gerald DiakowSelf-represented
1 appearance
Susan GilbertSelf-represented
1 appearance

477

Decisions

Years active

Tribunals

1.1

cases/mo

OLRB301(63%)

OGSB176(37%)

Decision types

motion

336

trial

105

appeal

/Adjudicator

Bram Herlich — Vice-Chair

Employment and Labour Law

Bram Herlich

Vice-Chair·Ontario Labour Relations Board·Since 1990

OLRB OGSB

477

cases · 37 yrs · OLRB, OGSB

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 283Vice-Chair· 67Vice-Chair· 60Arbitrator· 53Adjudicator/Referee· 9Vice-Chair· Chair· 2Referee· 1Vice Chair· 1

Bram Herlich

OLRBOntario Labour Relations BoardSep 26, 2001

Application withdrawn with leave of the Board, allowing payout of funds held in trust.

The applicant requested to withdraw its application regarding an Order to Pay.

The Ontario Labour Relations Board granted leave to withdraw the application, removing any obstacle preventing the Director from paying out funds currently held in trust pursuant to the Order to Pay.

Bath Fitter, Etobicoke v. Averill LeCoure and Ministry of Labour, 2001 CanLII 8178

Bram Herlich

OLRBOntario Labour Relations BoardSep 25, 2001

Application withdrawn by leave of the Board on agreement of the parties.

The applicant sought to withdraw the application.

Having regard to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

Richardo C. Malcolm v. TorPharm Inc., 2001 CanLII 16329

Bram Herlich

Board directs applicant to file particulars of duty of fair representation complaint.

The applicant filed an application alleging the union violated section 74 of the Labour Relations Act, 1995.

The union requested the application be dismissed without a hearing due to a lack of particulars.

Joe Bretsznajder v. Canadian Union of Public Employees, Local 434, 2001 CanLII 18413

Bram Herlich

Application withdrawn by leave of the Board following execution of a Memorandum of Settlement.

During a consultation, the parties executed a Memorandum of Settlement.

Having regard to the agreement, the application was withdrawn by leave of the Board.

Mirjana Prostran v. United Food and Commercial Workers International Union, Local 1000A, 2001 CanLII 11536

Bram Herlich

Application terminated following pre-hearing settlement between the parties.

The applicant's representative advised the Board that the parties had reached a settlement prior to the scheduled hearing.

The Board ordered the matter terminated.

Justin Long v. Walters Inc., 2001 CanLII 10074

Murray Klein

22 cases2000–2002

Matt Certosimo

1 case2001–2001

Bram Herlich

OLRBOntario Labour Relations BoardSep 14, 2001

Order to Pay vacated and trust monies returned to employer after employee succeeded in concurrent wrongful dismissal action.

The applicant employer sought to review an Order to Pay issued under the Employment Standards Act.

The affected employee had concurrently pursued a wrongful dismissal action in court, which was ultimately successful, and leave to appeal to the Supreme Court of Canada was denied.

The employee subsequently confirmed he no longer asserted any claim to the monies held in trust for the ESA claim.

Given the circumstances and the positions of the parties, the adjudicator vacated the Order to Pay and directed the return of all trust monies to the applicant.

Beaver Lumber Company Limited v. Jim Epoch and Ministry of Labour, 2001 CanLII 9702

Bram Herlich

OLRBOntario Labour Relations BoardSep 12, 2001

Duty of fair representation complaint dismissed where employee failed to seek union assistance before resigning.

The applicant filed a duty of fair representation complaint against his union after resigning from his employment.

He alleged the union failed to support him regarding workplace discipline and a subsequent demotion.

The Board dismissed the application, finding that the applicant had withdrawn an earlier grievance and failed to seek the union's assistance for several months despite ongoing employment issues.

When he finally approached the union, it was to advance an unmeritorious claim for higher pay while performing lower-rated work.

The Board concluded the union did not act arbitrarily, discriminatorily, or in bad faith.

John Steadman v. Canadian Automotive Workers Union (CAW), 2001 CanLII 9169

Bram Herlich

OLRBOntario Labour Relations BoardAug 21, 2001

Application for review of employment standards decision dismissed due to applicant's failure to attend hearing.

The applicant sought a review of an Employment Standards Officer's refusal to issue an order.

At the scheduled hearing, the applicant failed to appear.

After waiting the customary half hour, the Board proceeded in the applicant's absence.

Upon motion by the responding parties, the Board dismissed the application due to the applicant's failure to attend.

William Wesley v. Morrison’s Auto Body & Sales and Ministry of Labour, 2001 CanLII 4276

Bram Herlich

Employer's request for reconsideration of a decision directing applicant submissions on a prima facie motion rejected.

The applicant filed an application alleging a violation of section 74 of the Labour Relations Act, 1995 by the union.

The union requested the application be dismissed for failing to disclose a prima facie case.

The Board directed the applicant to file submissions in response.

The intervenor employer subsequently sought reconsideration of the Board's decision directing submissions, and requested an opportunity to review and respond to the applicant's submissions.

The matter was directed to proceed to a consultation.

Antonio Edmilson Bellan v. Hotel Employees, Restaurant Employees Union, Local 75, 2001 CanLII 18372

Bram Herlich

Board directed applicant to provide further submissions before ruling on union's request to dismiss complaint.

The applicant filed a duty of fair representation complaint against the union regarding its handling of grievances related to a job posting.

The union requested that the Board dismiss the application for failing to disclose a prima facie case.

David Wayne Sager v. Service Employees International Union, Local 183, 2001 CanLII 15787

Steve Bernardo

1 case2001–2001

Linda Gordon

2 cases2001–2001

Bram Herlich

Certification granted; Board relieved against strict application of rules for minor deficiency in delivering forms.

The applicant union applied for certification to displace the incumbent union.

The responding employer argued the application should be dismissed because the applicant failed to deliver Form C-1 in a timely fashion as required by Rule 67.

The Board relieved against the strict application of the Rules under Rule 44, finding the deficiency was marginal, was cured quickly, and caused no actual prejudice.

The Board also addressed the incumbent's concerns about poll locations, noting the vote margin made the issue moot.

The parties agreed on the bargaining unit description, and the Board certified the applicant union following its victory in the representation vote.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Sysco Foodservice of Ontario, 2001 CanLII 10131

Bram Herlich

Application withdrawn by leave of the Board following execution of Minutes of Settlement.

The applicant filed an application before the Ontario Labour Relations Board.

On the day scheduled for the hearing, the parties executed Minutes of Settlement with the assistance of a Labour Relations Officer.

Having regard to the agreement, the Board granted leave to withdraw the application.

John Duke v. I.A.T.S.E. International I.A.T.S.E. 873, 2001 CanLII 6124

Bram Herlich

Duty of fair representation complaint dismissed; union reasonably concluded grievance over mistakenly offered severance lacked merit.

The applicant filed a duty of fair representation complaint against the union for refusing to advance his grievance to arbitration.

The grievance alleged that the employer improperly retracted a severance payment offer made during a transition to a new collective agreement.

The union determined the grievance lacked merit because the applicant was not facing a rate reduction and therefore was not entitled to the severance payment under the transition terms.

The Board dismissed the complaint, finding the union's assessment of the grievance's merits and its decision not to proceed to arbitration were reasonable.

Doug May v. Retail, Wholesale Canada Canadian Autoworkers Division, 2001 CanLII 2720

Bram Herlich

OLRBOntario Labour Relations BoardAug 9, 2001

Request for reconsideration dismissed as applicant provided no new evidence.

The applicant filed a request for reconsideration of the Board's decision dated June 29, 2001.

The applicant failed to provide any new information that was not or could not have been placed before the Board previously.

The request for reconsideration was dismissed.

Wendy Ho v. Ontario Nurses Association, 2001 CanLII 9783

Bram Herlich

OLRBOntario Labour Relations BoardJul 26, 2001

Board directs consultation after union abandons member's grievance for lost wages without explanation.

The applicant filed an application regarding the union's handling of his harassment and lost wages concerns.

The union initially relied on the fact that a grievance had been filed, but the applicant subsequently provided correspondence showing the union decided not to proceed to arbitration.

Given the lack of explanation for abandoning the grievance, particularly the concrete claim for lost wages, the Board directed the Registrar to list the matter for consultation.

Antonio Edmilson Bellan v. Hotel Employees, Restaurant Employees Union, Local 75, 2001 CanLII 11776

J. A. Ronson

OLRBUnanimous0 cases1980–2001

D. A. Patterson

OLRBUnanimous0 cases1986–2001

Bram Herlich

OLRBUnanimous (Wrote the reasons)0 cases1990–2026

OLRBOntario Labour Relations BoardJul 23, 2001

Board declined to issue consent award incorporating settlement signed by employer but not applicant union.

The employer requested the Board to issue a decision incorporating a Memorandum of Agreement regarding damages for two employees, following a previous finding of unfair labour practices.

The union, which was the applicant in the original proceedings but had since been decertified, opposed the request and was not a party to the agreement.

The Board declined to issue a consent award, noting that the agreement was signed by only one party to the application, and remained seized with respect to issues of remedy.

Amalgamated Transit Union, Local 1703 v. McDonnell-Ronald Limousine Services Limited, 2001 CanLII 16439

Bram Herlich

OLRBOntario Labour Relations BoardJul 18, 2001

Appeal of stop work order adjourned sine die following execution of Minutes of Settlement.

The applicant appealed a stop work order issued by an Inspector under the Occupational Health and Safety Act.

On the scheduled hearing day, the applicant and the Ministry of Labour executed Minutes of Settlement providing for the interim suspension of the order upon completion of certain steps.

The Board adjourned the matter sine die for up to one year, after which it will be deemed terminated unless re-listed.

Trans-Cycle Industries Inc. v. Nelson Neville and Ministry of Labour, 2001 CanLII 3913

Bram Herlich

OLRBOntario Labour Relations BoardJul 16, 2001

Board orders new representation vote in certification application following parties' agreement.

The applicant union applied for certification.

On the scheduled hearing date, the parties filed a Memorandum of Agreement.

The Board directed that a new representation vote be held, noting that proper notice of the first vote was not provided to all employees.

The Board ordered the employer to post notices of the new vote and referred the matter to the Registrar.

Canadian Union of Public Employees v. Algoma District Health Unit, 2001 CanLII 18513

Jeremy Warning

In Private Practice22 cases2000–2022

D. Brent Labord

14 cases1989–2015

Bram Herlich

OLRBOntario Labour Relations BoardJul 6, 2001

Application for termination pay dismissed; repeated refusal to wear safety equipment constituted wilful misconduct.

The applicant sought a review of an Employment Standards Officer's decision denying him termination pay.

The applicant was terminated after repeatedly refusing to wear required protective eye gear and a full face shield, despite multiple directions from the employer.

The application was dismissed.

Afifi Khalil v. Linamar Company, Vehcom Manufacturing a Division of Comtech Manufacturing Ltd., 2001 CanLII 5151

Brian Mikulinski

Licence Surrendered - Administrative Surrender of Licence2 cases2001–2017

Bram Herlich