Bram Herlich

H. Peacock

Bram Herlich

OLRBOntario Labour Relations BoardApr 14, 2000

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union applied for certification as the bargaining agent for employees of the responding party.

Following a representation vote directed by the Board, not more than fifty per cent of the ballots cast were in favour of the applicant.

As no statement of desire to make representations was filed, the Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for this bargaining unit.

Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union v. Don’s LOEB, 2000 CanLII 9203

Bram Herlich

OLRBOntario Labour Relations BoardApr 14, 2000

Application adjourned sine die on consent for up to one year.

The applicant union and responding employer agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting the matter would be deemed terminated if neither party requested to proceed within that time.

Ontario Liquor Boards Employees’ Union v. Liquor Control Board of Ontario, 2000 CanLII 3505

Bram Herlich

OLRBOntario Labour Relations BoardApr 13, 2000

Matter adjourned sine die pending exchange of information between applicant and Ministry of Labour.

The applicant sought an adjournment of the matter pending the exchange of information with the Ministry of Labour.

The Ontario Labour Relations Board granted the adjournment sine die and directed the Ministry to advise the Board of the status of the matter within 30 days.

995382 Ontario Ltd. Just Catering v. Nevena Malivuk and Ministry of Labour, 2000 CanLII 6154

J. A. Rundle

H. Peacock

Bram Herlich

OLRBOntario Labour Relations BoardApr 13, 2000

Representation vote ordered in union certification application after finding sufficient membership evidence.

The applicant trade union filed an application for certification.

The Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995.

Based on the membership evidence filed, the Board determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board ordered a representation vote to be taken of the employees in the voting constituency.

Canadian Health Care Workers v. Pinehaven Retirement Home, 2000 CanLII 8521

J. A. Rundle

H. Peacock

Bram Herlich

OLRBOntario Labour Relations BoardApr 13, 2000

Board directs representation vote in application for termination of bargaining rights.

The applicants applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party trade union no longer represents the employees in the bargaining unit.

The Board found the application timely and that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken of the employees in the bargaining unit.

Persaud v. CAW Local 1000, 2000 CanLII 12306

Bram Herlich

OLRBOntario Labour Relations BoardApr 11, 2000

Board directs applicant to respond to union's motion to dismiss duty of fair representation complaint.

The applicant filed a duty of fair representation complaint against the union regarding his layoff in March 1998.

The union moved to dismiss the complaint without a hearing, citing a signed severance agreement, incorrect bargaining unit, and undue delay.

The Board directed the applicant to file submissions responding to the union's motion before making a final determination.

Michael Ayotte v. Communications Energy and Paperworkers Union of Canada, Local 599 and Canadian General Electric of Canada Ltd., 2000 CanLII 12819

R. R. Montague

J. A. Rundle

Bram Herlich

OLRBOntario Labour Relations BoardApr 11, 2000

Application withdrawn by leave of the Board following a memorandum of settlement.

The applicant union sought to withdraw its application following the execution of a Memorandum of Settlement with the responding party employer.

The Ontario Labour Relations Board granted leave to withdraw the application.

Communications, Energy and Paperworkers Union, Local 593 v. Petro-Canada Inc., Lubricants Centre, 2000 CanLII 7025

Bram Herlich

OLRBOntario Labour Relations BoardApr 5, 2000

Application withdrawn with leave of the Board.

The applicants, Bonita Almond and the Ontario Public Service Employees Union, sought to withdraw their application against the Ontario Property Assessment Corporation.

The Ontario Labour Relations Board granted leave to withdraw the application.

Bonita Almond, Ontario Public Service Employees Union v. Ontario Property Assessment Corporation, 2000 CanLII 3520

J. A. Ronson

H. Peacock

Bram Herlich

OLRBOntario Labour Relations BoardMar 29, 2000

Union certified as bargaining agent following successful representation vote and agreement on bargaining unit.

The applicant union applied for certification.

Prior to the scheduled hearing, the parties resolved all outstanding issues and agreed on the appropriate bargaining unit description.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board issued a certificate to the union.

Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 v. Lafarge Canada Inc., 2000 CanLII 8025

Bram Herlich

OLRBOntario Labour Relations BoardMar 14, 2000

Application withdrawn by leave of the Board.

The applicant requested to withdraw the application.

The Ontario Labour Relations Board granted leave to withdraw the application.

James Albert Lake v. International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers & Helpers, AFL-CIO Lodge # D366, 2000 CanLII 5049

Bram Herlich

OLRBOntario Labour Relations BoardMar 13, 2000

Employment Standards Act review deemed terminated following settlement between applicant and employer.

The applicant and the employer executed Minutes of Settlement on the day scheduled for the hearing of an Employment Standards Act review.

The Ministry of Labour was not a party to the settlement.

The Board ordered that the review would be deemed terminated pursuant to section 69.1 of the Act, absent any objection from the Ministry within two weeks.

Gabriel Ayomoh v. Nexus Protective Services and Ministry of Labour, 2000 CanLII 12825

Bram Herlich

OLRBOntario Labour Relations BoardMar 9, 2000

Employment standards matter terminated following the execution of Minutes of Settlement.

The applicant brought an employment standards matter against the responding parties.

The parties subsequently executed Minutes of Settlement.

Having regard to the settlement, the adjudicator ordered the matter terminated.

Franco v. Hallmark Housekeeping Services Inc., 2000 CanLII 8451

Bram Herlich

OLRBOntario Labour Relations BoardMar 8, 2000

Proceedings terminated following execution and filing of Minutes of Settlement.

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

The parties executed and filed Minutes of Settlement.

Having regard to the settlement, the Ontario Labour Relations Board terminated the proceedings.

Teamsters, Chauffeurs, Warehousemen and Helpers, Local Union No. 141 v. TCR Environmental Corp., 2000 CanLII 5078

J. A. Rundle

H. Peacock

Bram Herlich

Application withdrawn by leave of the Board.

The applicant union sought to withdraw its application against the responding party employer.

The Ontario Labour Relations Board granted leave to withdraw the application.

Teamsters Local Union No. 847 v. Goodwill Industries of Toronto, 2000 CanLII 7554

J. A. Ronson

D. A. Patterson

Bram Herlich

Application withdrawn by leave of the Board.

The applicant, Ontario Public Service Employees Union, sought to withdraw its application against Community Living Oakville.

The Ontario Labour Relations Board granted leave to withdraw the application.

Ontario Public Service Employees Union v. Community Living Oakville, 2000 CanLII 6960

J. A. Ronson

D. A. Patterson

Bram Herlich

Application withdrawn by leave of the Board.

The applicant sought to withdraw the application.

The Ontario Labour Relations Board granted leave to withdraw the application.

James Craig Thompson v. OxFord Automotive, Butler Metal Products, 2000 CanLII 10166

Bram Herlich

Union certification granted following a successful representation vote.

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

Canadian Union of Public Employees v. Touchstone Youth Centre, 2000 CanLII 12869

J. A. Ronson

D. A. Patterson

Bram Herlich

Union application withdrawn by leave of the Board.

The applicant union sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

Labourers’ International Union of North America, Local 493 v. Nordal Construction Limited, 2000 CanLII 8130

J. A. Rundle

H. Peacock

Bram Herlich