Bram Herlich

Application withdrawn by leave of the Board.

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

The Board granted leave and the application was withdrawn.

Hi-Tec Security and Investigations Ltd. v. United Food and Commercial Works Union Local 333, 2000 CanLII 3961

Bram Herlich

Application withdrawn with leave of the Board.

The applicant requested to withdraw the application.

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

Jocelyn Gagnon v. Brotherhood of Maintenance of Way Employees and Ontario Northlands, 2000 CanLII 4112

Bram Herlich

Board declined to expedite preliminary prematurity issue, directing parties to follow normal scheduling process.

The responding party in a union application asserted the application was premature because it would not assume responsibility for ambulance services until January 1, 2001, and requested the Board deal with the issue on an expedited basis.

The Ontario Labour Relations Board declined to depart from its normal process, noting that a hearing was unlikely to commence before 2001 anyway, and directed that any preliminary issues be dealt with by the panel assigned to hear the case.

Ontario Public Service Employees Union v. The Corporation of the United Counties of Leeds and Grenville, 2000 CanLII 3309

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote directed in certification application after union demonstrated requisite 40 percent membership support.

The applicant trade union filed an application for certification.

The Ontario Labour Relations Board found that the applicant is a trade union under the Labour Relations Act, 1995, and that it appeared to have the requisite 40 percent membership support in the proposed bargaining unit.

The Board directed that a representation vote be taken among the eligible employees.

I.W.A. Canada, Local 2693 Industrial Wood & Allied Workers of Canada v. The Corporation of the Town of Longlac (Administrative Office), 2000 CanLII 8492

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote directed in union certification application.

The applicant union filed an application for certification.

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

The Board directed that a representation vote be taken of the eligible employees.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Hurley Corporation, 2000 CanLII 10444

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote directed in union certification application; ballots of guards and disputed staff segregated.

The applicant trade union applied for certification to represent employees of the responding party.

The 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.

The Board directed a representation vote.

Because the employer objected to the inclusion of guards and certain other staff in the bargaining unit, the Board ordered that their ballots be segregated and not counted except on agreement or further order.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. The Cadillac Fairview Corporation Limited, 2000 CanLII 6388

Bram Herlich

Responding party not required to serve materials on potential witnesses listed in the application.

The responding party filed a response and mailed a copy to the applicant, but did not forward copies to the potential witnesses listed in the application.

The Board ruled that since these individuals were identified as potential witnesses and not interested parties, there was no requirement for the responding party to serve materials upon them.

Roger Fontaine v. Norbord Industries Inc., 2000 CanLII 6649

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote ordered in certification application despite section 8.1 notice.

The applicant trade union applied for certification to represent employees of the responding party.

The Board found that the applicant is a trade union and that it appeared to have the requisite 40 percent membership support in the proposed bargaining unit.

The Board directed that a representation vote be taken.

The responding party filed a notice under section 8.1 of the Labour Relations Act, 1995, but agreed that the ballots should be counted.

A dissenting Board member argued that the vote should not take place or the ballot box should be sealed until the section 8.1 issues were resolved at a hearing.

United Steelworkers of America v. Premdor Inc., 2000 CanLII 11058

R. R. Montague

J. A. Ronson

Bram Herlich

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

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

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

The Board directed that a representation vote be taken.

Kerr v. United Food and Commercial Workers International Union Local 175, 2000 CanLII 8427

Bram Herlich

Application withdrawn by leave of the Board.

The applicant, Practical Nurses Federation of Ontario, sought to withdraw its application against the responding party, Victorian Order of Nurses – Peel Branch.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Practical Nurses Federation of Ontario v. Victorian Order of Nurses – Peel Branch, 2000 CanLII 8884

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote directed in timely application to terminate union's bargaining rights.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

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

The Board directed that a representation vote be taken.

Angela Schaerer v. United Food & Commercial Workers International Union, Local 633, 2000 CanLII 9916

Bram Herlich

Application processing paused until applicant certifies service of all supporting documents on responding parties.

The applicant filed an unfair labour practice complaint alleging a breach of the duty of fair representation.

The Board noted that the applicant appeared to have served the application on the union and employer without the supporting documentation.

The Board directed that it would not process the matter further until the applicant certified that copies of all relevant documents filed with the Board had been delivered to the responding parties.

Nazzareno Logiacco v. UFCW Canada Locals 175 and 633, 2000 CanLII 9412

Bram Herlich

Board directed assignment of an Officer to inquire into a matter previously adjourned sine die.

The applicant sought to proceed with a matter that had previously been adjourned sine die on consent.

The Ontario Labour Relations Board directed the Manager of Field Services to assign an Officer to inquire into and report on the matter.

The Board also directed the applicant to comply with Rule 33 of the Board's Rules of Procedure regarding the delivery of documents to all other parties.

Vince Tassone v. Ontario English Catholic Teachers' Association, 2000 CanLII 6158

J. A. Rundle

H. Peacock

OLRB0 cases1987–2001

Bram Herlich

Terminal date for successor union application extended due to late posting of notice to employees.

The applicant union applied for a declaration that it is a successor union to the responding party trade union.

The Board noted that the Notice to Employees was posted by the employer over a week after the expiry of the original terminal date.

Consequently, the Board extended the terminal date to allow any party to make representations and directed the employer to post a copy of the decision.

Service Employees International Union, Local 204 v. Service Employees International Union, Local 478, 2000 CanLII 8781

Bram Herlich

Application withdrawn with leave of the Board.

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

The Board granted leave and the application was withdrawn.

The Members of CAW Local #1524, Bauer Industries Ltd. v. The Management Personnel of Bauer Industries Ltd., 2000 CanLII 2416

Bram Herlich

Application adjourned sine die on consent for a period not exceeding one year.

The applicant union and responding employer agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if neither party requests to proceed.

United Steelworkers of America, Local 5296 v. York Condominium Corporation #42, 2000 CanLII 10911

R. R. Montague

J. A. Ronson

Bram Herlich

OLRB directs representation vote in certification application for pension plan employees.

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

The Ontario Labour Relations Board determined that the applicant met the definition of a trade union under the Labour Relations Act, 1995.

Based on the membership evidence filed, the Board found that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

Consequently, the Board directed that a representation vote be held among the eligible employees.

Office and Professional Employees International Union v. Nursing Home and Related Industries Pension Plan, 2000 CanLII 7016

Bram Herlich

Time limit for responding party to file response extended.

The Ontario Labour Relations Board granted an extension of time for the responding party, Communications, Energy and Paperworkers Union of Canada, Local 31X, to file its response to November 8, 2000.

Domtar Inc. v. CEP, Local 31X, 2000 CanLII 2752

Bram Herlich