Bram Herlich

OLRBOntario Labour Relations BoardJul 3, 2001

Board directs applicant to file submissions on whether application should be dismissed for lack of actual negative impact.

The applicant trade union filed a complaint alleging the responding party trade union violated the Labour Relations Act, 1995 due to overlapping jurisdictions in collective agreements with the same employer.

The responding party argued the application should be dismissed as there was no actual negative impact on the applicant's members.

The Board directed the applicant to file submissions responding to the request to decline hearing the application before proceeding further.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. United Brotherhood of Carpenters and Joiners of America, 2001 CanLII 13484

Jeremy Warning

In Private Practice22 cases2000–2022

Bram Herlich

Application to review Employment Standards Officer's decision dismissed due to applicant's failure to appear.

The applicant applied to review the decision of an Employment Standards Officer not to issue an order.

The applicant failed to appear at the scheduled hearing.

The responding parties moved to dismiss the application.

The Board dismissed the application due to the applicant's failure to attend.

Derek William Woodcock v. Norampac Inc and Ministry of Labour, 2001 CanLII 21298

Laurie Eisenberg

22 cases2000–2001

Bram Herlich

Application to review Order to Pay dismissed due to applicants' failure to appear.

The applicants failed to appear at the scheduled hearing for their application to review an Order to Pay.

After waiting more than half an hour, the Ontario Labour Relations Board proceeded in their absence.

Upon motion by the responding parties, the Board dismissed the application and noted that the Director could pay out the monies held in trust in accordance with the Order to Pay.

Allen and Mary Shechtman v. Marie Estrelita Castro and Aledin Castro and Ministry of Labour, 2001 CanLII 5443

Duty of fair representation complaint dismissed where applicant conceded no collective agreement basis for grievance existed.

The applicant filed a duty of fair representation complaint against the union after it refused to file a grievance regarding his final layoff.

The union had previously assisted the applicant with two prior layoffs, resulting in his recall.

For the final layoff, the union concluded there was a genuine shortage of work and no basis in the collective agreement to grieve.

The Board dismissed the application, noting the applicant conceded there was no collective agreement basis for a grievance, making it impossible to find the union acted arbitrarily, discriminatorily, or in bad faith.

Madani Bah v. Labourers’ International Union of North America, 2001 CanLII 19683

Bram Herlich

Applicant directed to file submissions responding to union's request to dismiss duty of fair representation complaint.

The applicant filed a duty of fair representation complaint against the union under section 74 of the Labour Relations Act, 1995.

The union and the intervenor employer asserted that the complaint should be dismissed for failing to disclose a prima facie case, noting that the applicant's concerns were the subject of an ongoing grievance.

The Board directed the applicant to file submissions responding to these assertions before determining whether to dismiss the application without a hearing.

Antonio Edmilson Bellan v. Hotel Employees, Restaurant Employees Union, Local 75, 2001 CanLII 17738

Bram Herlich

Duty of fair representation complaint partially dismissed for delay, but accommodation issue referred to consultation.

The applicant filed a duty of fair representation complaint against her union regarding its handling of a workplace injury and subsequent accommodation.

The union and employer requested the complaint be dismissed without a hearing.

The Board dismissed the portion of the complaint relating to the accident itself due to a 17-month delay and the fact that the matter had already been addressed under the Occupational Health and Safety Act.

However, the Board found a prima facie case regarding the union's failure to file grievances concerning the applicant's ongoing work assignment and accommodation, and directed that this portion proceed to a consultation.

Eva Kiss v. Amalgamated Transit Union, Local 113, 2001 CanLII 5373

R. R. Montague

J. A. Rundle

OLRBUnanimous (Wrote the reasons)0 cases1990–2026

Bram Herlich

OLRBOntario Labour Relations BoardJun 13, 2001

Board directs union to file constitutional documents to establish trade union status in certification application.

The applicant trade union applied for certification.

A representation vote was held, and the only remaining issue was the applicant's trade union status.

The Board previously found the applicant's initial submissions insufficient to establish status.

The applicant clarified that a second set of submissions had been filed, which referenced prior Board decisions finding the applicant to be a trade union.

The responding party employer objected to the applicant's request to amend its name on the application and argued the application should be dismissed due to potential confusion in the membership evidence.

The Board directed the applicant to file its constitution and by-laws, and allowed the responding party to make further submissions before making a final determination on trade union status and the name amendment.

Industrial Wood & Allied Workers of Canada (I.W.A. Canada Local 700) v. Uniform Countertops Inc., 2001 CanLII 17568

Bram Herlich

OLRBOntario Labour Relations BoardJun 12, 2001

Section 96 complaint terminated following a $15,000 settlement order to be distributed among six individuals.

The applicant union filed a section 96 complaint against the responding party employer.

Following settlement discussions and representations from the parties, the Board ordered the responding party to pay $15,000 in trust to the applicant, to be distributed equally among six named individuals.

The Board noted that this payment constituted a complete and final settlement of the complaint, and the union acknowledged it had no further complaints under the collective agreement.

The complaint was terminated.

Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees Local 647 v. Silcorp Limited Becker Dairy Division, 2001 CanLII 12311

Bram Herlich

OLRBOntario Labour Relations BoardJun 11, 2001

Applications dismissed after union addressed the Board's minor residual concerns.

The applicants filed applications against the Labourers' International Union of North America, Local 183.

The Ontario Labour Relations Board found that the union had completely and finally addressed the minor residual concern expressed in prior decisions.

Consequently, the applications were fully and finally dismissed.

Sosa v. Labourers’ International Union of North America, Local 183, 2001 CanLII 17000

J. A. Ronson

D. A. Patterson

Bram Herlich

OLRBOntario Labour Relations BoardJun 8, 2001

Board directs union to file submissions regarding employer's request to incorporate a Memorandum of Agreement.

The employer requested that the Board issue a decision incorporating a Memorandum of Agreement executed by the company and two individuals.

The Board directed the union to file any submissions regarding the employer's request within three weeks, with the employer having two weeks to reply.

Amalgamated Transit Union, Local 1703 v. McDonnell-Ronald Limousine Service Limited, 2001 CanLII 11826

Karima Chatur

53 cases1999–2001

Bram Herlich

OLRBOntario Labour Relations BoardJun 7, 2001

Employer's application to review vacation pay order dismissed due to unreliable records.

The employer applied to review an Employment Standards Officer's order requiring it to pay $544.00 in accrued vacation pay to a former employee.

The employer claimed the employee had already taken all accrued vacation.

The Board found the employee's evidence regarding his vacation history more reliable than the employer's, noting the employer failed to keep required vacation records.

The application was dismissed and the order to pay was upheld.

Performance & Precision Computer Services Inc. v. Carlos E. March and Ministry of Labour, 2001 CanLII 19121

Bram Herlich

OLRBOntario Labour Relations BoardJun 4, 2001

Employment Standards Act application terminated following execution of Minutes of Settlement.

The applicant and the responding employer executed Minutes of Settlement regarding an application under the Employment Standards Act.

The Ontario Labour Relations Board terminated the application in accordance with section 69.1(5) of the Act.

Robert R. McEachern v. CDN Waste Services and Ministry of Labour, 2001 CanLII 16623

Bram Herlich

Late request for adjournment deferred to the commencement of the scheduled hearing.

The responding party employer submitted a second late request for an adjournment of the hearing.

The Ontario Labour Relations Board directed that the request will be dealt with at the commencement of the scheduled hearing, if necessary.

Robert R. McEachern v. CDN Waste Services and Ministry of Labour, 2001 CanLII 17522

Bram Herlich

OLRBMajority0 cases1986–2001

Employment standards application terminated following settlement executed by the employer.

The applicant filed an application under the Employment Standards Act against the responding parties.

The Ontario Labour Relations Board terminated the application in accordance with section 69.1(5) of the Act, having regard to the settlement executed by the responding employer.

Elizabeth Koutlemanis v. Premier Health Clubs, 2001 CanLII 4428

R. R. Montague

J. A. Rundle

OLRBDissenting0 cases1986–2001

Bram Herlich

OLRBMajority (Wrote the majority reasons)0 cases1990–2026

Union permitted to withdraw certification application without conditions or bar on future applications.

The union sought to withdraw its application for certification prior to a representation vote.

The responding employer requested that the Board impose conditions on the withdrawal or bar subsequent applications for a period of time under sections 7(8) and 7(9) of the Labour Relations Act, 1995.

The Board declined to exercise its discretion to impose conditions or a bar, finding the employer's assertions regarding incorrect union estimates and workplace disruption insufficient.

The application was withdrawn by leave of the Board.

One Board Member dissented.

International Union of Painters and Allied Trades, Local 1819 v. Regal Aluminum (1993) Inc., 2001 CanLII 11200

Bram Herlich

Board directs employer to make submissions on joint request to proceed to arbitration following settlement.

The applicant filed an application alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995.

The applicant and the union executed Minutes of Settlement and jointly requested that the Board direct the union and the employer to proceed to arbitration.

The Board directed the employer to file any submissions regarding this request within three weeks.

John Florek v. United Steelworkers of America, 2001 CanLII 10570

R. R. Montague

J. A. Rundle

Bram Herlich

OLRBOntario Labour Relations BoardMay 24, 2001

Uncontested application for related employer declaration under section 1(4) of the Labour Relations Act granted.

The applicant union filed an application seeking a declaration that several Hydro One entities are related employers under section 1(4) of the Labour Relations Act, 1995.

No responses were filed by the responding parties.

Having regard to the uncontested materials, the Board granted the application and declared the entities to be one employer for the purposes of the Act.

Power Workers’ Union v. Hydro One Inc., 2001 CanLII 14616

Bram Herlich

OLRBOntario Labour Relations BoardMay 23, 2001

Application adjourned sine die on consent of the parties.

The applicant filed an application against the responding parties.

On consent of the parties, the Board adjourned the application sine die for a period not exceeding one year.

Dan Tesanovic v. Canadian Merchandising Employees and Jeff Tedesco, 2001 CanLII 3290

R. R. Montague

J. A. Ronson

Bram Herlich

OLRBOntario Labour Relations BoardMay 18, 2001

Union certification granted for school bus drivers following a successful representation vote.

The applicant union applied for certification to represent school bus drivers employed by the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. 1243055 Ontario Limited/1245641 Ontario Limited o/a Valley Bus Lines Ltd., 2001 CanLII 11844

Bram Herlich

OLRBOntario Labour Relations BoardMay 17, 2001

Board directed employer to file submissions responding to union's request to dismiss allegations without a hearing.

The union applied for certification and a representation vote was held.

The employer requested a hearing to inquire into allegations of impugned union conduct on the day of the vote, and filed a section 96 application based on the same allegations.

The union asserted the employer's claims were frivolous and vexatious, requesting immediate certification and dismissal of the section 96 application for failing to disclose a prima facie case.

The Board directed the employer to file submissions in response to the union's request before determining whether a hearing is required.

Communications, Energy and Paperworkers Union of Canada v. Comcare (Canada) Limited, 2001 CanLII 9023

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 BoardJul 3, 2001

Board directs applicant to file submissions on whether application should be dismissed for lack of actual negative impact.

The responding party argued the application should be dismissed as there was no actual negative impact on the applicant's members.

The Board directed the applicant to file submissions responding to the request to decline hearing the application before proceeding further.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. United Brotherhood of Carpenters and Joiners of America, 2001 CanLII 13484

Jeremy Warning

In Private Practice22 cases2000–2022

Bram Herlich

Application to review Employment Standards Officer's decision dismissed due to applicant's failure to appear.

The applicant applied to review the decision of an Employment Standards Officer not to issue an order.

The applicant failed to appear at the scheduled hearing.

The responding parties moved to dismiss the application.

The Board dismissed the application due to the applicant's failure to attend.

Derek William Woodcock v. Norampac Inc and Ministry of Labour, 2001 CanLII 21298

Laurie Eisenberg

22 cases2000–2001

Bram Herlich

Suspended Administratively15 cases1993–2001

Application to review Order to Pay dismissed due to applicants' failure to appear.

The applicants failed to appear at the scheduled hearing for their application to review an Order to Pay.

After waiting more than half an hour, the Ontario Labour Relations Board proceeded in their absence.

Upon motion by the responding parties, the Board dismissed the application and noted that the Director could pay out the monies held in trust in accordance with the Order to Pay.

Allen and Mary Shechtman v. Marie Estrelita Castro and Aledin Castro and Ministry of Labour, 2001 CanLII 5443

Daniel Randazzo

Christopher Cooper

Not Practising Law3 cases2001–2019

Bram Herlich

OLRBOntario Labour Relations BoardJun 15, 2001

Duty of fair representation complaint dismissed where applicant conceded no collective agreement basis for grievance existed.

The applicant filed a duty of fair representation complaint against the union after it refused to file a grievance regarding his final layoff.

The union had previously assisted the applicant with two prior layoffs, resulting in his recall.

For the final layoff, the union concluded there was a genuine shortage of work and no basis in the collective agreement to grieve.

Madani Bah v. Labourers’ International Union of North America, 2001 CanLII 19683

Bram Herlich

Applicant directed to file submissions responding to union's request to dismiss duty of fair representation complaint.

The applicant filed a duty of fair representation complaint against the union under section 74 of the Labour Relations Act, 1995.

The Board directed the applicant to file submissions responding to these assertions before determining whether to dismiss the application without a hearing.

Antonio Edmilson Bellan v. Hotel Employees, Restaurant Employees Union, Local 75, 2001 CanLII 17738

Bram Herlich

Duty of fair representation complaint partially dismissed for delay, but accommodation issue referred to consultation.

The applicant filed a duty of fair representation complaint against her union regarding its handling of a workplace injury and subsequent accommodation.

The union and employer requested the complaint be dismissed without a hearing.

Eva Kiss v. Amalgamated Transit Union, Local 113, 2001 CanLII 5373

R. R. Montague

J. A. Rundle

OLRBUnanimous (Wrote the reasons)0 cases1990–2026

Bram Herlich

OLRBOntario Labour Relations BoardJun 13, 2001

Board directs union to file constitutional documents to establish trade union status in certification application.

The applicant trade union applied for certification.

A representation vote was held, and the only remaining issue was the applicant's trade union status.

The Board previously found the applicant's initial submissions insufficient to establish status.

The applicant clarified that a second set of submissions had been filed, which referenced prior Board decisions finding the applicant to be a trade union.

Industrial Wood & Allied Workers of Canada (I.W.A. Canada Local 700) v. Uniform Countertops Inc., 2001 CanLII 17568

Bram Herlich

OLRBOntario Labour Relations BoardJun 12, 2001

Section 96 complaint terminated following a $15,000 settlement order to be distributed among six individuals.

The applicant union filed a section 96 complaint against the responding party employer.

The Board noted that this payment constituted a complete and final settlement of the complaint, and the union acknowledged it had no further complaints under the collective agreement.

The complaint was terminated.

Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees Local 647 v. Silcorp Limited Becker Dairy Division, 2001 CanLII 12311

Bram Herlich

OLRBOntario Labour Relations BoardJun 11, 2001

Applications dismissed after union addressed the Board's minor residual concerns.

The applicants filed applications against the Labourers' International Union of North America, Local 183.

The Ontario Labour Relations Board found that the union had completely and finally addressed the minor residual concern expressed in prior decisions.

Consequently, the applications were fully and finally dismissed.

Sosa v. Labourers’ International Union of North America, Local 183, 2001 CanLII 17000

J. A. Ronson

D. A. Patterson

Bram Herlich

OLRBOntario Labour Relations BoardJun 8, 2001

Board directs union to file submissions regarding employer's request to incorporate a Memorandum of Agreement.

The employer requested that the Board issue a decision incorporating a Memorandum of Agreement executed by the company and two individuals.

The Board directed the union to file any submissions regarding the employer's request within three weeks, with the employer having two weeks to reply.

Amalgamated Transit Union, Local 1703 v. McDonnell-Ronald Limousine Service Limited, 2001 CanLII 11826

Karima Chatur

53 cases1999–2001

Bram Herlich

OLRBOntario Labour Relations BoardJun 7, 2001

Employer's application to review vacation pay order dismissed due to unreliable records.

The employer applied to review an Employment Standards Officer's order requiring it to pay $544.00 in accrued vacation pay to a former employee.

The employer claimed the employee had already taken all accrued vacation.

The Board found the employee's evidence regarding his vacation history more reliable than the employer's, noting the employer failed to keep required vacation records.

The application was dismissed and the order to pay was upheld.

Performance & Precision Computer Services Inc. v. Carlos E. March and Ministry of Labour, 2001 CanLII 19121

Bram Herlich

OLRBOntario Labour Relations BoardJun 4, 2001

Employment Standards Act application terminated following execution of Minutes of Settlement.

The applicant and the responding employer executed Minutes of Settlement regarding an application under the Employment Standards Act.

The Ontario Labour Relations Board terminated the application in accordance with section 69.1(5) of the Act.

Robert R. McEachern v. CDN Waste Services and Ministry of Labour, 2001 CanLII 16623

Bram Herlich

Late request for adjournment deferred to the commencement of the scheduled hearing.

The responding party employer submitted a second late request for an adjournment of the hearing.

The Ontario Labour Relations Board directed that the request will be dealt with at the commencement of the scheduled hearing, if necessary.

Robert R. McEachern v. CDN Waste Services and Ministry of Labour, 2001 CanLII 17522

Bram Herlich

OLRBMajority0 cases1986–2001

Employment standards application terminated following settlement executed by the employer.

The applicant filed an application under the Employment Standards Act against the responding parties.

The Ontario Labour Relations Board terminated the application in accordance with section 69.1(5) of the Act, having regard to the settlement executed by the responding employer.

Elizabeth Koutlemanis v. Premier Health Clubs, 2001 CanLII 4428

R. R. Montague

J. A. Rundle

OLRBDissenting0 cases1986–2001

Bram Herlich

OLRBMajority (Wrote the majority reasons)0 cases1990–2026

Union permitted to withdraw certification application without conditions or bar on future applications.

The union sought to withdraw its application for certification prior to a representation vote.

The Board declined to exercise its discretion to impose conditions or a bar, finding the employer's assertions regarding incorrect union estimates and workplace disruption insufficient.

The application was withdrawn by leave of the Board.

One Board Member dissented.

International Union of Painters and Allied Trades, Local 1819 v. Regal Aluminum (1993) Inc., 2001 CanLII 11200

Bram Herlich

Board directs employer to make submissions on joint request to proceed to arbitration following settlement.

The applicant filed an application alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995.

The applicant and the union executed Minutes of Settlement and jointly requested that the Board direct the union and the employer to proceed to arbitration.

The Board directed the employer to file any submissions regarding this request within three weeks.

John Florek v. United Steelworkers of America, 2001 CanLII 10570

R. R. Montague

J. A. Rundle

Bram Herlich

OLRBOntario Labour Relations BoardMay 24, 2001

Uncontested application for related employer declaration under section 1(4) of the Labour Relations Act granted.

The applicant union filed an application seeking a declaration that several Hydro One entities are related employers under section 1(4) of the Labour Relations Act, 1995.

No responses were filed by the responding parties.

Having regard to the uncontested materials, the Board granted the application and declared the entities to be one employer for the purposes of the Act.

Power Workers’ Union v. Hydro One Inc., 2001 CanLII 14616

Bram Herlich

OLRBOntario Labour Relations BoardMay 23, 2001

Application adjourned sine die on consent of the parties.

The applicant filed an application against the responding parties.

On consent of the parties, the Board adjourned the application sine die for a period not exceeding one year.

Dan Tesanovic v. Canadian Merchandising Employees and Jeff Tedesco, 2001 CanLII 3290

R. R. Montague

J. A. Ronson

Bram Herlich

OLRBOntario Labour Relations BoardMay 18, 2001

Union certification granted for school bus drivers following a successful representation vote.

The applicant union applied for certification to represent school bus drivers employed by the responding party.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. 1243055 Ontario Limited/1245641 Ontario Limited o/a Valley Bus Lines Ltd., 2001 CanLII 11844

Bram Herlich