Bram Herlich

OLRBOntario Labour Relations BoardMar 3, 2000

Board directs first collective agreement to be settled by arbitration on consent of the parties.

The applicant union applied for a direction that the first collective agreement between the parties be settled by arbitration.

Having regard to the agreement of the parties and section 43(2) of the Labour Relations Act, 1995, the Ontario Labour Relations Board directed that the first collective agreement be settled by arbitration.

Communications, Energy and Paperworkers Union of Canada v. TelAv Inc., 2000 CanLII 1657

Board directs representation vote in union certification application and orders ballot box sealed.

The applicant union applied for certification.

The Ontario Labour Relations Board found that the applicant is a trade union and that not less than 40% of the individuals in the proposed bargaining unit were members of the union.

The Board directed a representation vote to be taken and ordered the ballot box sealed pursuant to the responding party's section 8.1 notice.

Bakery, Confectionery and Tobacco Workers International Union, Local 264 v. Peek Frean Division of Christie Brown & Company, 2000 CanLII 6442

Bram Herlich

OLRBOntario Labour Relations BoardMar 3, 2000

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

The Canadian Union of Public Employees (Local 1521-01) v. The Canadian Mental Health Association, Ottawa-Carleton Branch, 2000 CanLII 3650

Bram Herlich

OLRBOntario Labour Relations BoardMar 3, 2000

Board amends previous decision and issues fresh certificate to correct clerical error in bargaining unit description.

The applicant union sought to correct a clerical error in a previous Board decision and certificate regarding the bargaining unit description.

The Board amended the decision to accurately reflect the bargaining unit and directed the Registrar to issue a fresh certificate.

Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 v. Sport Maska Inc., 2000 CanLII 13273

J. A. Ronson

D. A. Patterson

Bram Herlich

OLRBOntario Labour Relations BoardMar 2, 2000

Board directs applicant to provide submissions on standing to bring a section 114(2) application.

The applicant, a bargaining unit employee, brought an application under section 114(2) of the Labour Relations Act, 1995.

The employer and trade union asserted that the applicant lacked standing to bring the application, citing Board authority.

The Board directed the applicant to provide written submissions on the issue of standing before determining whether to dismiss the application.

Gregory Merchant Lang v. University of Toronto and United Steel Workers of America, 2000 CanLII 12280

R. R. Montague

J. A. Rundle

Bram Herlich

OLRBOntario Labour Relations BoardMar 2, 2000

Decertification application dismissed as union retained support of more than 50% of voting employees.

The applicant filed an application for decertification.

A representation vote was held, and not more than 50% of the ballots cast by employees in the bargaining unit were in opposition to the responding party union.

No statement of desire to make representations was filed.

Accordingly, the Ontario Labour Relations Board dismissed the application.

Michelle Sova v. Service Employees International Union Local 220 SEIU-AFL-CIO-CLC, 2000 CanLII 10961

R. R. Montague

J. A. Rundle

Bram Herlich

OLRBOntario Labour Relations BoardMar 1, 2000

Application withdrawn by leave of the Board.

The applicant, International Brotherhood of Locomotive Engineers, sought leave to withdraw its application against Goderich - Exeter Railway Co. Ltd. The Ontario Labour Relations Board granted leave and the application was withdrawn.

International Brotherhood of Locomotive Engineers v. Goderich – Exeter Railway Co. Ltd., 2000 CanLII 9939

J. A. Ronson

D. A. Patterson

Bram Herlich

OLRBOntario Labour Relations BoardMar 1, 2000

Representation vote ordered in certification application after employer failed to file a response.

The applicant trade union applied for certification.

The responding party failed to file a response within the stipulated time.

The Ontario Labour Relations Board found that the applicant is a trade union and that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union.

The Board ordered a representation vote to be taken.

Canadian Union of Operating Engineers and General Workers (CUOE) v. Rehabilitation Foundation for the Disabled c.o.b. as Ontario March of Dimes, 2000 CanLII 6708

R. R. Montague

J. A. Rundle

Bram Herlich

OLRBOntario Labour Relations BoardMar 1, 2000

Application withdrawn by leave of the Board.

The applicant, International Brotherhood of Locomotive Engineers, sought to withdraw its application against Goderich – Exeter Railway Co. Ltd. The Ontario Labour Relations Board granted leave to withdraw the application.

International Brotherhood of Locomotive Engineers v. Goderich – Exeter Railway Co. Ltd., 2000 CanLII 6848

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardFeb 28, 2000

Certification applications dismissed as untimely because the underlying interest arbitration award was quashed.

The applicant filed applications for certification relying on an interest arbitration award to establish timeliness.

However, the Divisional Court had quashed that award.

Although the employer was seeking leave to appeal the Divisional Court's decision, the Board held that the arbitration award currently had no legal effect.

Consequently, the applications were dismissed as untimely, with the Board noting it would entertain a request for reconsideration if the arbitration award was ultimately reinstated.

Christian Labour Association of Canada v. St. Andrew’s Residence, 2000 CanLII 12322

J. A. Ronson

H. Peacock

OLRB0 cases1987–2001

Bram Herlich

OLRBOntario Labour Relations BoardFeb 28, 2000

Representation vote ordered in certification application by trade union.

The applicant trade union filed an application for certification to represent employees of the responding party.

The Ontario Labour Relations Board found that the applicant was a trade union and that it appeared to have the requisite membership support of at least forty percent.

The Board directed that a representation vote be taken, with provisions for segregating ballots of individuals in disputed positions.

Ontario Public Service Employees Union v. Mattawa and District Association for Community Living, 2000 CanLII 7275

J. A. Ronson

H. Peacock

OLRB0 cases1987–2001

Bram Herlich

OLRBOntario Labour Relations BoardFeb 28, 2000

Representation vote directed for proposed bargaining unit of mail room employees at The Sudbury Star.

The applicant trade union applied for certification to represent employees in the mail room of The Sudbury Star.

The Ontario Labour Relations Board found that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken, leaving disputes over the geographic scope of the bargaining unit and the exclusion of certain students to be dealt with in due course.

Northern Ontario Newspaper Guild Local 30232 of Communications Workers of America v. The Sudbury Star Hollinger Canadian Newspapers L.P., 2000 CanLII 9125

Bram Herlich

OLRBOntario Labour Relations BoardFeb 11, 2000

Employment standards review terminated following settlement between the parties.

The applicant sought a review of an employment standards matter.

The parties executed a settlement, and the Ontario Labour Relations Board consequently terminated the review.

Ancona Inc. o/a Northtown Ford Sales v. Rita Guarini and Ministry of Labour, 2000 CanLII 3033

Bram Herlich

OLRBOntario Labour Relations BoardFeb 10, 2000

Application withdrawn following a settlement between the parties.

The applicant filed an application against the responding parties.

Having regard to a settlement executed by the applicant and the employer, the adjudicator ordered the application withdrawn.

Bernard Richardson v. Nabors and Ministry of Labour, 2000 CanLII 10699

Bram Herlich