Bram Herlich

OLRBOntario Labour Relations BoardJun 7, 2000

Appeal of inspector's refusal to issue order adjourned sine die on consent pending meetings.

The applicant appealed an inspector's refusal to issue an order under the Occupational Health and Safety Act regarding the production and maintenance of electrical drawings.

At the hearing, the parties clarified the scope of the appeal and the Ministry agreed to arrange meetings between the inspector, the Joint Health and Safety Committee, and the concerned worker.

On consent, the Board adjourned the matter sine die for up to one year.

Norm Chammas v. Falconbridge Ltd. and Ministry of Labour, 2000 CanLII 12594

L. Eisenberg

29 cases2000–2001

Bram Herlich

Order to pay amended to $65.87 for vacation pay after employee failed to appear.

The applicants sought a review of an Order to Pay issued by an Employment Standards Officer regarding a former employee who worked for them for seven weeks.

The officer found the employee worked 52 to 61 hours per week, but the applicants testified she worked approximately 5 hours per weekday plus some babysitting.

The employee did not appear at the hearing.

The Board accepted the applicants' uncontradicted evidence that the employee worked 187 hours total and was compensated at a permitted rate.

The Board amended the order to reflect only $65.87 owed in unpaid vacation pay, directing the balance of funds held in trust to be returned to the applicants.

Mira Katz and Howard Cadesky v. Cathy Hebert and Ministry of Labour, 2000 CanLII 12862

Bram Herlich

Applicant ordered to show cause why a duplicative duty of fair representation complaint should not be dismissed.

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

The Board noted that the applicant had previously filed a similar application based on virtually identical facts and legal theories, which was dismissed, and a subsequent request for reconsideration was also dismissed.

The Board directed the applicant to show cause within two weeks why the current application should not be dismissed as an attempt to relitigate a matter already disposed of.

Barbara Horn v. United Steelworkers of America, Local 260, 2000 CanLII 12370

Bram Herlich

OLRBOntario Labour Relations BoardMay 29, 2000

Application withdrawn by leave of the Board.

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

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

Donald James Gannon v. Canadian Union of Public Employees, Local 5678, 2000 CanLII 1246

Bram Herlich

Duty of fair representation complaint dismissed for failing to disclose an arguable case and undue delay.

The applicant filed an application alleging the union breached its duty of fair representation by failing to process his grievances regarding cross-bumping rights following a layoff.

The union moved to dismiss the application for failing to disclose an arguable case and for undue delay.

The Board dismissed the application without a hearing, finding that the applicant failed to identify any substantive provision in the collective agreement supporting his claim and failed to provide a reasonable explanation for the two-year delay in bringing the application.

Michael Ayotte v. Communications Energy and Paperworkers Union of Canada, Local 599 and Canadian General Electric of Canada Ltd., 2000 CanLII 13300

Bram Herlich

Application for review of Employment Standards Order dismissed for failure to pay ordered amount in trust.

The applicant sought a review of an Order to Pay issued by an Employment Standards Officer.

Under section 68(7) of the Employment Standards Act, an application for review is not properly made unless the applicant pays the ordered amount to the Director in trust or provides an irrevocable letter of credit within the 45-day time limit.

The applicant failed to provide proof of payment or request an extension of time.

The application was dismissed.

Biovac System Inc. v. Ministry of Labour, 2000 CanLII 13085

Bram Herlich

Application for review of order to pay dismissed for failure to pay amount in trust.

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

The applicant failed to pay the ordered amount to the Director in trust or provide an irrevocable letter of credit within the 45-day statutory time limit, as required by section 68(7) of the Employment Standards Act.

The Board dismissed the application for non-compliance.

DMcD Distribution Inc. v. Ministry of Labour, 2000 CanLII 12160

Bram Herlich

Employee found to have been laid off, not quit; employer ordered to pay termination pay.

The applicant applied for a review of an Employment Standards Officer's refusal to issue an order for termination pay.

The applicant, a restaurant manager of ten years, claimed she was laid off, while the employer asserted she had quit.

The Board found that during a meeting, the employer signed a Record of Employment indicating a layoff and issued a cheque for severance, which was subsequently stopped.

The Board concluded that the applicant was laid off and ordered the employer to pay 8 weeks' pay in lieu of notice plus vacation pay.

Elizabeth Anderson v. 507638 Ontario Limited c.o.b. as Corky’s Restaurant, 2000 CanLII 11756

Karima Chatur

53 cases1999–2001

Bram Herlich

OLRBOntario Labour Relations BoardMay 16, 2000

Application to review Order to Pay dismissed after applicant failed to appear at hearing.

The applicant employer failed to appear at the scheduled hearing to review an Employment Standards Officer's Order to Pay.

On motion by counsel for the Ministry of Labour, the Ontario Labour Relations Board dismissed the application and affirmed the order, directing the payout of trust monies to the employee and the Consolidated Revenue Fund.

Great White Productions Inc. v. Danusia Szpak and Ministry of Labour, 2000 CanLII 13373

Bram Herlich

OLRBOntario Labour Relations BoardMay 12, 2000

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

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

On agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

Todd Sparling v. IWA Canada Local 1000, 2000 CanLII 2174

E. C. Carla Zabek

7 cases1993–2015

Bram Herlich

OLRBOntario Labour Relations BoardMay 10, 2000

Duty of fair representation complaint dismissed as the underlying tuition fee grievance had already been satisfied.

The applicant filed a duty of fair representation complaint under section 74 of the Labour Relations Act, 1995, alleging that the union failed to process his grievance regarding tuition fee reimbursement in a timely manner.

The Board held a consultation and found that all claims related to the grievance had already been satisfied.

The Board concluded that no labour relations purpose would be served by further processing the grievance and found no evidence of discriminatory or special treatment by the union.

The application was dismissed.

Emmanuel Abegunrin v. CUPE Local 1 and John Camilleri and Linvor Mckoy and Bruno Silano, 2000 CanLII 12080

Union decertified after majority of employees vote against it in representation vote.

The applicant applied to terminate the responding party union's bargaining rights.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer.

Brian Skomash v. National Automobile, Aerospace, Transportation and General Workers’ Union of Canada, (C.A.W. – Canada) and its Local 195, 2000 CanLII 6822

J. A. Ronson

D. A. Patterson

Bram Herlich

OLRBOntario Labour Relations BoardMay 9, 2000

Individual employee lacks standing to apply for determination of managerial status under section 114(2).

The applicant, an individual employee, filed an application under section 114(2) of the Labour Relations Act, 1995, seeking a determination that he exercised managerial functions and should be excluded from the bargaining unit.

The employer and the union both asserted that the applicant was a bargaining unit employee and lacked standing to bring the application.

The Board dismissed the application, reaffirming established jurisprudence that section 114(2) is intended only to resolve disputes between the immediate parties to the collective bargaining relationship (the employer and the union), and is not available to individual employees questioning their own status.

Lang v. University of Toronto, 2000 CanLII 12187

John L. Stout

10 cases1995–2007

J. A. Rundle

H. Peacock

Bram Herlich

OLRBOntario Labour Relations BoardMay 4, 2000

Certification hearing adjourned on consent to ensure employer's attendance regarding timeliness dispute.

The applicant union filed an application for certification, which the intervenor union claimed was untimely due to an existing collective agreement.

At the scheduled hearing to determine timeliness, the responding party employer did not appear.

The attending parties agreed to adjourn the matter to ensure the employer's attendance.

The Board granted the adjournment and rescheduled the hearing.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Sexual Assault Crisis Centre (Kingston) Inc., 2000 CanLII 6291

J. A. Rundle

H. Peacock

Bram Herlich

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

J. A. Rundle

H. Peacock

Bram Herlich

Union certified as bargaining agent following successful representation vote.

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

Following a representation vote where more than fifty per cent 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 certified the union and defined the appropriate bargaining unit.

Power Workers’ Union, Canadian Union of Public Employees, Local 1000-CLC v. TransAlta Energy Corporation, 2000 CanLII 6403

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote directed in certification application despite disputes over bargaining unit composition.

The applicant trade union applied for certification.

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the numerical difference between the parties was not significant for the purposes of section 8.1 and directed that a representation vote be taken, with any ballots from disputed classifications to be segregated.

Communications, Energy and Paperworkers Union of Canada, Local 87M Southern Ontario Newspaper Guild v. Kitchener-Waterloo Record (A Division of Torstar Daily Newspaper Group Inc.), 2000 CanLII 4214

Bram Herlich

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

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote directed in application for certification after union demonstrated requisite membership support.

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

The Board found that the applicant is a trade union under the Labour Relations Act, 1995, and that it appeared to have the requisite membership support of not less than forty percent of the proposed bargaining unit.

The Board directed that a representation vote be taken, with segregated ballots for disputed 'quality employee' positions.

Communications, Energy and Paperworkers Union of Canada v. Embridge Blue Flame, 2000 CanLII 1112

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

for Airline Limousine

Mark A. StoneCounsel
2 appearances
Nick LeimonisAgent
2 appearances

for Amalgamated Transit Union, Local 1703

Cynthia D. WatsonCounsel
2 appearances
Emile DagherUnion representative
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

Doug LefaiveUnion representative
1 appearance
Vic DemeloUnion representative
1 appearance

for Front End Specialists

Arsenio PortuondoAgent
1 appearance
Cathy 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

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

Louise LacasseAgent
1 appearance
Roch DrouinSelf-represented
1 appearance

for Teamsters Local Union 91

A. PapineauUnion representative
1 appearance

for the applicant

Allison CormieSelf-represented
1 appearance
Archie BailieCounsel
1 appearance
Art MorinAgent
1 appearance
Bert PoulinCounsel
1 appearance
Bev CliffordAgent
1 appearance
Bill RoterAgent
1 appearance
B. JamesCounsel
1 appearance
Bonita AlmondSelf-represented
1 appearance
Brian FeilUnion representative
1 appearance
Brian MikulinskiCounsel
1 appearance
Chris FioreAgent
1 appearance
Christopher CooperCounsel
1 appearance
Claude ÉmondSelf-represented
1 appearance
Cong Guang ZhanSelf-represented
1 appearance
Donald K. EadyCounsel
1 appearance
Doug HammondUnion representative
1 appearance
Doug RohrbacherAgent
1 appearance
Ed. OgizowskiAgent
1 appearance
Ernie TaylorAgent
1 appearance
E. R. (Ted) DurhamAgent
1 appearance

for the Applicant

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

for the applicants

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

for the applicants in Board File 2185-97-R

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

for the Association

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

for the Canadian Union of Public Employees

Dave BanksUnion representative
1 appearance
James KeenanUnion representative
1 appearance

for the CAW Canada

Lewis GottheilCounsel
1 appearance

for the complainant

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

for the employee

Elisabeth BruckmannCounsel
1 appearance
Mia LondonCounsel
1 appearance

for the employer

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

for the Employer

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

Elizabeth BlundenCounsel
1 appearance
Garry ThayerAgent
1 appearance
Graham WellsCounsel
1 appearance
Grant BowersCounsel
1 appearance
Janice CarneyAgent
1 appearance
John L. StoutCounsel
1 appearance
John MorrisonCounsel
1 appearance
Karen SargeantCounsel
1 appearance
Lith MartellAgent
1 appearance
Lynn MaxwellCounsel
1 appearance
Marianne ChandlerAgent
1 appearance
Marlene AdelsonAgent
1 appearance
Mike AzizCounsel
1 appearance
Patricia G. MurrayAgent
1 appearance
Paul DeBuonoCounsel
1 appearance
Peter ChauvinAgent
1 appearance
Peter VanderkloetUnion representative
1 appearance
Victor TrotmanAgent
1 appearance
Fred Von VehCounsel
1 appearance
Carole HoglundAgent
1 appearance

for the Intervenors (the Skilled Trades Employees)

Dennis CharbonneauAgent
1 appearance

for the Ministry of Labour

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

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

for the responding parties

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

for the responding party

Agusta RochaAgent
1 appearance
Al WalridUnion representative
1 appearance
Brendan J. MoranCounsel
1 appearance
Brian WrightAgent
1 appearance
Calvin CampbellAgent
1 appearance
Carmen PrincipatoAgent
1 appearance
Casey ThomsonAgent
1 appearance
Craig MitchelCounsel
1 appearance
Da Lian SunAgent
1 appearance
Daniel RandazzoCounsel
1 appearance
Dave EllulUnion representative
1 appearance
David CernyAgent
1 appearance
David JewittCounsel
1 appearance
Dr. Peter SimpsonUnion representative
1 appearance
Eugene KoszikaCounsel
1 appearance
Finian NelsonAgent
1 appearance
Fred MarrUnion representative
1 appearance
Greg MichalukUnion representative
1 appearance
Gus ArrigoCounsel
1 appearance
Ian B. AndersonCounsel
1 appearance

for the responding party Times Fiber Canada Ltd.

John MartelliAgent
1 appearance
Barry HoltAgent
1 appearance
Lillian DunbarAgent
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
Seung ChiUnion representative
4 appearances
Jane LettonCounsel
4 appearances
Gavin LeebCounsel
3 appearances
James McDonaldCounsel
3 appearances
David WrightCounsel
3 appearances
James K. McDonaldCounsel
3 appearances
Shae MacPhersonCounsel
3 appearances
Val PatrickUnion representative
3 appearances
Mireille GirouxCounsel
3 appearances
Eric del JuncoCounsel
2 appearances
George RichardsUnion representative
2 appearances

for Toronto Hydro-Electric Commission

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

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

Guy CluffAgent
1 appearance

on behalf of Norampac Inc

Fiona SterlingAgent
1 appearance
Stephen BullAgent
1 appearance
Toni LionettiAgent
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

Andy AndersonAgent
1 appearance
David IrvineAgent
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

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

on her own behalf

Danusia SzpakSelf-represented
1 appearance

on his own behalf

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

Bruce Arnott

Not Practising Law15 cases1999–2011

Bram Herlich

OLRBOntario Labour Relations BoardJun 7, 2000

Appeal of inspector's refusal to issue order adjourned sine die on consent pending meetings.

The applicant appealed an inspector's refusal to issue an order under the Occupational Health and Safety Act regarding the production and maintenance of electrical drawings.

At the hearing, the parties clarified the scope of the appeal and the Ministry agreed to arrange meetings between the inspector, the Joint Health and Safety Committee, and the concerned worker.

On consent, the Board adjourned the matter sine die for up to one year.

Norm Chammas v. Falconbridge Ltd. and Ministry of Labour, 2000 CanLII 12594

L. Eisenberg

29 cases2000–2001

Bram Herlich

Order to pay amended to $65.87 for vacation pay after employee failed to appear.

The applicants sought a review of an Order to Pay issued by an Employment Standards Officer regarding a former employee who worked for them for seven weeks.

The officer found the employee worked 52 to 61 hours per week, but the applicants testified she worked approximately 5 hours per weekday plus some babysitting.

The employee did not appear at the hearing.

The Board accepted the applicants' uncontradicted evidence that the employee worked 187 hours total and was compensated at a permitted rate.

The Board amended the order to reflect only $65.87 owed in unpaid vacation pay, directing the balance of funds held in trust to be returned to the applicants.

Mira Katz and Howard Cadesky v. Cathy Hebert and Ministry of Labour, 2000 CanLII 12862

Bram Herlich

Applicant ordered to show cause why a duplicative duty of fair representation complaint should not be dismissed.

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 show cause within two weeks why the current application should not be dismissed as an attempt to relitigate a matter already disposed of.

Barbara Horn v. United Steelworkers of America, Local 260, 2000 CanLII 12370

Bram Herlich

OLRBOntario Labour Relations BoardMay 29, 2000

Application withdrawn by leave of the Board.

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

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

Donald James Gannon v. Canadian Union of Public Employees, Local 5678, 2000 CanLII 1246

Bram Herlich

Duty of fair representation complaint dismissed for failing to disclose an arguable case and undue delay.

The applicant filed an application alleging the union breached its duty of fair representation by failing to process his grievances regarding cross-bumping rights following a layoff.

The union moved to dismiss the application for failing to disclose an arguable case and for undue delay.

Michael Ayotte v. Communications Energy and Paperworkers Union of Canada, Local 599 and Canadian General Electric of Canada Ltd., 2000 CanLII 13300

Bram Herlich

Application for review of Employment Standards Order dismissed for failure to pay ordered amount in trust.

The applicant sought a review of an Order to Pay issued by an Employment Standards Officer.

The applicant failed to provide proof of payment or request an extension of time.

The application was dismissed.

Biovac System Inc. v. Ministry of Labour, 2000 CanLII 13085

Bram Herlich

Application for review of order to pay dismissed for failure to pay amount in trust.

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

The Board dismissed the application for non-compliance.

DMcD Distribution Inc. v. Ministry of Labour, 2000 CanLII 12160

Bram Herlich

Employee found to have been laid off, not quit; employer ordered to pay termination pay.

The applicant applied for a review of an Employment Standards Officer's refusal to issue an order for termination pay.

The applicant, a restaurant manager of ten years, claimed she was laid off, while the employer asserted she had quit.

The Board found that during a meeting, the employer signed a Record of Employment indicating a layoff and issued a cheque for severance, which was subsequently stopped.

The Board concluded that the applicant was laid off and ordered the employer to pay 8 weeks' pay in lieu of notice plus vacation pay.

Elizabeth Anderson v. 507638 Ontario Limited c.o.b. as Corky’s Restaurant, 2000 CanLII 11756

Karima Chatur

53 cases1999–2001

Bram Herlich

OLRBOntario Labour Relations BoardMay 16, 2000

Application to review Order to Pay dismissed after applicant failed to appear at hearing.

The applicant employer failed to appear at the scheduled hearing to review an Employment Standards Officer's Order to Pay.

Great White Productions Inc. v. Danusia Szpak and Ministry of Labour, 2000 CanLII 13373

Bram Herlich

OLRBOntario Labour Relations BoardMay 12, 2000

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

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

On agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

Todd Sparling v. IWA Canada Local 1000, 2000 CanLII 2174

E. C. Carla Zabek

7 cases1993–2015

Bram Herlich

OLRBOntario Labour Relations BoardMay 10, 2000

Duty of fair representation complaint dismissed as the underlying tuition fee grievance had already been satisfied.

The Board held a consultation and found that all claims related to the grievance had already been satisfied.

The Board concluded that no labour relations purpose would be served by further processing the grievance and found no evidence of discriminatory or special treatment by the union.

The application was dismissed.

Emmanuel Abegunrin v. CUPE Local 1 and John Camilleri and Linvor Mckoy and Bruno Silano, 2000 CanLII 12080

R. R. Montague

J. A. Ronson

Bram Herlich

OLRBOntario Labour Relations BoardMay 10, 2000

Union decertified after majority of employees vote against it in representation vote.

The applicant applied to terminate the responding party union's bargaining rights.

Brian Skomash v. National Automobile, Aerospace, Transportation and General Workers’ Union of Canada, (C.A.W. – Canada) and its Local 195, 2000 CanLII 6822

J. A. Ronson

D. A. Patterson

Bram Herlich

OLRBOntario Labour Relations BoardMay 9, 2000

Individual employee lacks standing to apply for determination of managerial status under section 114(2).

The employer and the union both asserted that the applicant was a bargaining unit employee and lacked standing to bring the application.

Lang v. University of Toronto, 2000 CanLII 12187

John L. Stout

10 cases1995–2007

J. A. Rundle

H. Peacock

Bram Herlich

OLRBOntario Labour Relations BoardMay 4, 2000

Certification hearing adjourned on consent to ensure employer's attendance regarding timeliness dispute.

The applicant union filed an application for certification, which the intervenor union claimed was untimely due to an existing collective agreement.

At the scheduled hearing to determine timeliness, the responding party employer did not appear.

The attending parties agreed to adjourn the matter to ensure the employer's attendance.

The Board granted the adjournment and rescheduled the hearing.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Sexual Assault Crisis Centre (Kingston) Inc., 2000 CanLII 6291

J. A. Rundle

H. Peacock

Bram Herlich

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.

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

J. A. Rundle

H. Peacock

Bram Herlich

Union certified as bargaining agent following successful representation vote.

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

Power Workers’ Union, Canadian Union of Public Employees, Local 1000-CLC v. TransAlta Energy Corporation, 2000 CanLII 6403

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote directed in certification application despite disputes over bargaining unit composition.

The applicant trade union applied for certification.

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

Communications, Energy and Paperworkers Union of Canada, Local 87M Southern Ontario Newspaper Guild v. Kitchener-Waterloo Record (A Division of Torstar Daily Newspaper Group Inc.), 2000 CanLII 4214

Bram Herlich

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

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote directed in application for certification after union demonstrated requisite membership support.

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

The Board directed that a representation vote be taken, with segregated ballots for disputed 'quality employee' positions.

Communications, Energy and Paperworkers Union of Canada v. Embridge Blue Flame, 2000 CanLII 1112

J. A. Rundle

H. Peacock

Bram Herlich