Brian McLean

Application withdrawn with leave of the Board.

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

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Ronald W. Marsh v. United Steelworkers of America Local 1105, 2001 CanLII 14226

Brian McLean

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

The applicant filed an application against the responding union, with the employer intervening.

On the agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year.

If no party requests to proceed within that time, the application will be deemed terminated.

Joseph R. Lacasse v. Ottawa Carleton Public Employees CUPE 503, 2001 CanLII 12875

Application withdrawn with leave of the Board.

The applicant union sought leave to withdraw its application.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Canadian Union of Public Employees and its Local 4314 v. Payukotayno: James and Hudson’s Bay Family Services, 2001 CanLII 17448

J. A. Rundle

D. A. Patterson

Brian McLean

Union's request to withdraw certification application after representation vote granted.

The applicant union sought leave to withdraw its application for certification after a representation vote was held and the ballot box sealed.

The Ontario Labour Relations Board granted the request to withdraw the application pursuant to section 7(8) of the Labour Relations Act, 1995.

The Board noted that any effect of the withdrawal on subsequent applications under section 7(10) of the Act would be determined if a new application is filed within one year.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Toyota Motor Manufacturing Canada Inc., 2001 CanLII 18987

Brian McLean

Expedited hearing granted for unfair labour practice application during an ongoing strike.

The applicant union, whose members were on strike, requested an expedited hearing for its unfair labour practice application under section 96 of the Labour Relations Act, 1995.

The Ontario Labour Relations Board granted the request, scheduling the hearing for August 10, 2001, and directing the responding party to file its response within five business days.

Canadian Union of Public Employees Local 107 v. The Corporation of the City of London, 2001 CanLII 18112

Brian McLean

Consultation adjourned and applicant directed to respond to request for particulars.

The Board adjourned the consultation date to a date to be set by the Registrar if necessary.

The responding party requested particulars of the circumstances of members affected by the alleged conduct.

The Board directed the applicant to advise within three days whether it objects to filing the particulars and its reasons for doing so.

Toronto Civic Employees’ Union, Local 416, Canadian Union of Public Employees v. The Canadian Union of Public Employees Local Union No. 79, 2001 CanLII 12304

J. A. Rundle

D. A. Patterson

Brian McLean

Board ordered applicant to show cause why OHSA reprisal application should not be dismissed.

The applicant filed an application under section 50 of the Occupational Health and Safety Act.

The responding party filed a response that appeared to provide a complete answer to the application.

Noting the applicant's subsequent inaction, the Board directed the applicant to show cause within 15 days why the application should not be dismissed based on the responding party's answer.

The Board ordered that if no response was received, the application would be deemed dismissed without further notice.

Jamie Ball v. Chipcorr Partitions Ltd., 2001 CanLII 6017

Brian McLean

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

The applicant union and responding parties agreed to adjourn the applications sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matters would be deemed terminated if no party requested to proceed.

Service Employees International Union, Local 220 v. Clover Health Care Services, 2001 CanLII 11116

J. A. Rundle

D. A. Patterson

Brian McLean

Representation vote ordered in certification application with ballot box sealed pending bargaining unit dispute resolution.

The applicant union applied for certification to represent certain employees of the Corporation of the Town of Ajax.

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 proposed bargaining unit could be appropriate and ordered a representation vote, directing that the ballot box be sealed until the Board orders otherwise or the parties agree, due to uncertainty regarding whether forty percent of the employees in the bargaining unit were members of the applicant.

Canadian Union of Public Employees v. The Corporation of the Town of Ajax, 2001 CanLII 7335

Brian McLean

Time to file response extended to August 15, 2001.

The responding party requested an extension of time to file its response to the application.

The Ontario Labour Relations Board granted the request and extended the filing deadline to August 15, 2001.

Emmanuel Abégunrin v. CUPE Local One, 2001 CanLII 6301

J. A. Rundle

D. A. Patterson

Brian McLean

Representation vote ordered in union certification application with ballot box sealed pending status disputes.

The applicant trade union applied for certification to represent a bargaining unit of stationary engineers and operators employed by 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 to order a representation vote, despite the employer filing revocation letters and raising issues with certain membership cards.

The Board ordered a representation vote but directed that the ballot box be sealed pending resolution of the employer's section 8.1 notice and disputes over the inclusion of certain supervisory positions in the bargaining unit.

International Union of Operating Engineers Local 772 v. Dofasco Inc., 2001 CanLII 4065

Brian McLean

OLRBOntario Labour Relations BoardJul 27, 2001

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

The applicant filed a complaint alleging a violation of section 74 of the Labour Relations Act, 1995.

The responding union requested that the Board dismiss the application without a hearing on the basis that it did not make out a violation of section 74.

The Board directed the applicant to file submissions responding to the union's assertion and identifying any disputed paragraphs in the response and intervention before determining whether the matter ought to proceed to a consultation or hearing.

Charles Milson v. Retail Wholesale Canada-CAW, 2001 CanLII 19907

Brian McLean

Licence Surrendered - Retired5 cases2000–2001

Request for termination pay dismissed as satisfied by prior award of 3 months' pay.

The applicant requested an order for termination pay following the Board's previous decisions.

The Board dismissed the request, finding that any claim for termination pay was already satisfied by the Board's prior award of 3 months' pay.

Arnold Margulis v. Delphax Systems, 2001 CanLII 15182

Mircho Mirchev

Brian McLean

Chicken catchers employed by a commercial labour supplier are not exempt from employment standards protections.

The applicant employer, a commercial operation supplying chicken-catching labour to farms, sought review of an Order to Pay issued by an Employment Standards Officer.

The employer argued that its employees were exempt from overtime, vacation, and public holiday pay under Regulation 325 of the Employment Standards Act as persons 'employed on a farm'.

The Board held that the exemption applies only to employees employed on a single farm by a farmer, not to employees of a commercial operation providing services to multiple farms.

The application for review was dismissed.

976395 Ontario Inc. o/a Moonfleet v. Burry, 2001 CanLII 11999

Brian McLean

OLRBOntario Labour Relations BoardJul 19, 2001

Duty of fair representation complaint dismissed; union reasonably refused to arbitrate grievance after applicant admitted theft.

The applicant, a bartender whose employment was terminated for violating cash-handling policies and taking overages, filed a duty of fair representation complaint against his union.

The union had filed a grievance but decided not to proceed to arbitration after the applicant admitted to the misconduct during a grievance meeting.

The Board dismissed the application, finding that the union's decision not to arbitrate was entirely reasonable given the applicant's admissions, short service, and lack of remorse.

Jorge Daniel Schauman v. CAW, Local 414, 2001 CanLII 2527

Brian McLean

Applicant's spouse ordered to produce documents pursuant to a summons to witness.

In an application for review of an Employment Standards Officer's refusal to issue an Order to Pay, the employer served the applicant's spouse with a summons to witness requiring document production.

The spouse did not file submissions objecting to the production as previously directed by the Board.

The Board ordered the spouse to deliver the requested documents to the employer's counsel.

David Blake v. Peter Charles Ansley Holdings Limited, 2001 CanLII 18792

Brian McLean

Applicant directed to file submissions responding to union's motion to dismiss for no prima facie case.

The applicant filed an application alleging a breach of section 75 of the Labour Relations Act.

The responding union requested that the Board dismiss the application without a hearing for failing to disclose a prima facie case.

The Board directed the applicant to file submissions responding to the union's motion within two weeks.

Mario Frattina v. International Union of Bricklayers and Allied Craftworkers, Local 1, 2001 CanLII 15333

Brian McLean

Application withdrawn with leave of the Board.

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

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

Communications, Energy and Paperworkers Union of Canada v. Union Energy Inc., 2001 CanLII 6420

Brian McLean

In Private Practice22 cases2000–2022

Application withdrawn with leave of the Board.

The applicant sought to withdraw their application against the responding parties.

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

Shi-Ming J. Zhu v. Ticket King Administration and Ministry of Labour, 2001 CanLII 3095

Jeremy Warning

Brian McLean

OLRBOntario Labour Relations BoardJul 11, 2001

Board issues order reflecting Minutes of Settlement in Employment Standards Act review.

The applicant employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board issued an order reflecting the settlement, directing the disbursement of $672.46 held in trust to the employee, retaining a $100 administration fee, and ordering the employer to pay an additional $127.54 directly to the employee.

Cherry Forest Products Div. Of Barco Material Handling Limited v. Teresa Jones and Ministry of Labour, 2001 CanLII 21291

appearing on her own behalf

Teresa JonesSelf-represented
1 appearance
Kelly A. KavanaghSelf-represented
1 appearance

appearing on his own behalf

John BenjaminSelf-represented
1 appearance
Joe PorcoSelf-represented
1 appearance
Greg SangiulianoSelf-represented
1 appearance
Kevin WolfSelf-represented
1 appearance
Robert PigeonSelf-represented
1 appearance

appearing on their own behalf

Justin BurrySelf-represented
1 appearance
Roan BurrySelf-represented
1 appearance

as the responding party

Bruce McMullanCounsel
1 appearance
Richard J. CharneyCounsel
1 appearance
Cathryn GregorCounsel
1 appearance

for 1318359 Ontario Limited c.o.b. as Ryder Grocery Services

Meredith KeenanCounsel
1 appearance
Wade RoseCounsel
1 appearance
J. Timothy (Tim) LawsonCounsel
1 appearance

for B. McDowell Equipment Limited

Kevin McDowellAgent
1 appearance

for Bracebridge Hydro-Electric Commission

Richard J. CharneyCounsel
1 appearance

for Brian MacDonald

David RagniCounsel
1 appearance

for Canadian Tire

Brenda Philip (Niven)Agent
1 appearance

for CAW-Canada

Frank LuceCounsel
2 appearances
Albert KindredCounsel
1 appearance
John AmanCounsel
1 appearance
Julie WhiteCounsel
1 appearance
Fergo BertoCounsel
1 appearance
Carol DeaconCounsel
1 appearance

for Charlene Fuller

Donna BarkerAgent
1 appearance
Charlene FullerSelf-represented
1 appearance
Steve JacksonAgent
1 appearance

for CLN Industries Ltd.

J. NuscaCounsel
1 appearance

for Cody et al

Christopher BrydenCounsel
1 appearance

for Coldmatic Refrigeration of Canada Ltd.

Bob AmsterdamAgent
1 appearance
Alex SantoroAgent
1 appearance
Brian PalmerAgent
1 appearance

for District 2A

Peter ShklankaCounsel
1 appearance
Mike McCrearyCounsel
1 appearance

for District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union Affiliated with American Maritime Officers

Mike McCrearyCounsel
1 appearance
Dennis GelderCounsel
1 appearance

for Falconbridge Ltd.

Brian AbramsCounsel
1 appearance
Doug HamiltonCounsel
1 appearance

for himself

Mark CarrSelf-represented
1 appearance

for intervenor #1

Robert VerbuckAgent
1 appearance
Randy GirouxAgent
1 appearance

for intervenor #2

Mary GershtCounsel
1 appearance
Don HeathCounsel
1 appearance
David N. CorbettCounsel
1 appearance

for Ontario Hydro

Michael McFaddenCounsel
1 appearance

for Ranu Express

Ranjit Singh KharodSelf-represented
1 appearance

for Sobeys

Stewart SaxeCounsel
1 appearance
Bill DawsonCounsel
1 appearance
Art TarasukCounsel
1 appearance

for Sobeys Inc.

Hugh SecordCounsel
1 appearance
Bob WuestCounsel
1 appearance
F. G. HamiltonCounsel
1 appearance

for Sudbury Roundtable/EcoAction Sudbury

Franco MariottiAgent
1 appearance

for Teamsters Local Union No. 141

Marisa PolockCounsel
1 appearance
Wayne GibsonCounsel
1 appearance

for the applicant

Richard BlairCounsel
2 appearances
Winston G. MattisCounsel
2 appearances
Mike MarsbergenAgent
1 appearance
Catherine HectorSelf-represented
1 appearance
Roberta SpenceAgent
1 appearance
James BattinCounsel
1 appearance
Ken McLeanUnion representative
1 appearance
Bryan BelairAgent
1 appearance
John SchipaniAgent
1 appearance
David StillCounsel
1 appearance
Mark RotensbergAgent
1 appearance
Ruzica KokosarevicAgent
1 appearance
Rudolph ClarkeAgent
1 appearance
David FodorCounsel
1 appearance
Darryl DiefenbacherCounsel
1 appearance
Jeffrey MartinekAgent
1 appearance
Stan J. RobertsAgent
1 appearance
J. CaricattoUnion representative
1 appearance
Tim VanderbergUnion representative
1 appearance
L. SteinbergCounsel
1 appearance

for the Applicant

Harry KopytoAgent
1 appearance
Vic MordenUnion representative
1 appearance
Andre KingsleyUnion representative
1 appearance
Ruth BrownSelf-represented
1 appearance

for the applicants

Ian WerkerAgent
1 appearance
William N. CookSelf-represented
1 appearance
David CiniSelf-represented
1 appearance
Osborne BarnwellCounsel
1 appearance
Werner KurzAgent
1 appearance
Ivan VrhovnikAgent
1 appearance
Mark JorgensenAgent
1 appearance
Jim WilkinsonAgent
1 appearance
Vito SantoliAgent
1 appearance
Richard CushingAgent
1 appearance
Donald J. FlemingAgent
1 appearance
Joseph MatasicAgent
1 appearance

for the Association

Nadine BlumCounsel
6 appearances
Marisa PollockCounsel
5 appearances
Kelly DoctorCounsel
2 appearances
Daniel SheppardCounsel
1 appearance

for the Brotherhood of Maintenance of Way Employees

David BrownUnion representative
1 appearance
Jack ChokanUnion representative
1 appearance
Michael ChurchCounsel
1 appearance
Ronald A. BowdenUnion representative
1 appearance
John RiouxUnion representative
1 appearance
Richard PhillipsUnion representative
1 appearance
Jan KennedyUnion representative
1 appearance

for the CEP, Local 306-0

Richard TaylorUnion representative
1 appearance
E. BattenUnion representative
1 appearance
Bob PostUnion representative
1 appearance

for the employer

Andrea HoppeAgent
1 appearance
Amanda HunterCounsel
1 appearance
Amir DokooshkaniAgent
1 appearance
Manuel ZeligmanAgent
1 appearance
Walter HurtickAgent
1 appearance
Ted SmithAgent
1 appearance
Naresh JainAgent
1 appearance

for the Employer

Peter DailleboustCounsel
8 appearances
George ParrisCounsel
7 appearances
Julia EvansCounsel
4 appearances
Paul MeierCounsel
4 appearances
Bonnea ChanneCounsel
3 appearances
Andrew LynesCounsel
3 appearances
Joohyung LeeCounsel
3 appearances
Katie AyersCounsel
3 appearances
Jordanna LewisCounsel
2 appearances
Daria VodovaCounsel
2 appearances
Felix LauCounsel
2 appearances
Debra KyleCounsel
2 appearances
Henry HuangCounsel
1 appearance
Janet SinclairAgent
1 appearance
Asma HatiaAgent
1 appearance
Ferina MurjiCounsel
1 appearance
Thomas AyersCounsel
1 appearance
Mark VanginkelCounsel
1 appearance
Sean WhiteCounsel
1 appearance
Carly JonesAgent
1 appearance

For the Employer

Malcolm MacKillopCounsel
1 appearance

for the Employer K.W. Electric

Klaus WillroiderSelf-represented
1 appearance

for the intervenor

John W. MayCounsel
1 appearance
Nick E. MilanovicCounsel
1 appearance
Federico SodaCounsel
1 appearance
Kevin BowserCounsel
1 appearance
Susan JeginsCounsel
1 appearance
James KeenanUnion representative
1 appearance
Mike MayoAgent
1 appearance
Robert A. MacPhersonCounsel
1 appearance
Valerie NicollAgent
1 appearance
Lia MessinaAgent
1 appearance
Mike ByerleyAgent
1 appearance
Sarah KravetzCounsel
1 appearance
Robert MorassuttiAgent
1 appearance
Richard AnstrutherCounsel
1 appearance
James B. NoonanCounsel
1 appearance
Heather CrispCounsel
1 appearance
Shawn MorrisonUnion representative
1 appearance
Hugh DyerAgent
1 appearance
Elaine MarekCounsel
1 appearance
Stephen BernofskyCounsel
1 appearance

for the Ministry of Labour

L. EisenbergCounsel
5 appearances
Stephen MasonCounsel
3 appearances
Karima ChaturCounsel
3 appearances
Laurie EisenbergCounsel
3 appearances
Margo MacKinnonCounsel
2 appearances
Jeremy WarningCounsel
2 appearances
Mircho MirchevCounsel
2 appearances
Brian FukuzamaCounsel
1 appearance
Karen NortheyCounsel
1 appearance
Murray KleinCounsel
1 appearance
Brian BlumenthalAgent
1 appearance
Mircho MirchevAgent
1 appearance
Charlie KennedyAgent
1 appearance
Heidi Ann Lazar-MeynCounsel
1 appearance
Brian FukuzawaAgent
1 appearance
Karima ChaturAgent
1 appearance
Chris BeetsonAgent
1 appearance
Robert SindingCounsel
1 appearance
Stefan PikorAgent
1 appearance

for the Ministry of the Labour

Robert SindingAgent
1 appearance

for the responding party

Bruce CaughillCounsel
2 appearances
David I. BloomCounsel
1 appearance
Dave RendellUnion representative
1 appearance
Ron PiersAgent
1 appearance
Mohammed BakshUnion representative
1 appearance
Debora JonesCounsel
1 appearance
Joan GuentherUnion representative
1 appearance
Dr. Peter SimpsonUnion representative
1 appearance
Tom KeaganUnion representative
1 appearance
Frank AngelettiCounsel
1 appearance
Henrik NeilsenAgent
1 appearance
Anthony F DaleCounsel
1 appearance
Louise LimogesCounsel
1 appearance
Daniel J. ShieldsCounsel
1 appearance
Paul MullinsCounsel
1 appearance
Myfanwy MarshallCounsel
1 appearance
Christine ThomlinsonCounsel
1 appearance
Bob AitkenUnion representative
1 appearance
Noel HolobanCounsel
1 appearance
Richard BlairCounsel
1 appearance

for the Responding Party

Linda MorganAgent
1 appearance

for the Union

David WrightCounsel
5 appearances
Avril DymondUnion representative
4 appearances
Matthew HrycynaUnion representative
4 appearances
Donald EadyCounsel
3 appearances
Ed HolmesCounsel
3 appearances
Robert HealeyCounsel
2 appearances
Kamal BakhaziCounsel
2 appearances
Ryan NewellCounsel
2 appearances
Nancy DhuggaCounsel
2 appearances
James CraigCounsel
2 appearances
Christopher BrydenCounsel
2 appearances
Manprit SinghCounsel
2 appearances
Sarah MikhaielUnion representative
2 appearances
Erin ThorsonUnion representative
1 appearance
Mae J. NamCounsel
1 appearance
Dean ArdronCounsel
1 appearance
Awnonna RashidCounsel
1 appearance
Behzad AkhkendCounsel
1 appearance
Esther SongCounsel
1 appearance
Emily HomeCounsel
1 appearance

For the Union

Kelvin KuceyCounsel
1 appearance

for the USWA, Local 5383

Ron VarleyUnion representative
1 appearance
Robert HealeyUnion representative
1 appearance
P. J. HillUnion representative
1 appearance

for UFCW Canada

Travis KearnsCounsel
1 appearance
John ForsterCounsel
1 appearance
John R. EvansCounsel
1 appearance
Stephen FlahertyCounsel
1 appearance
John L. StoutCounsel
1 appearance

for United Food and Commercial Workers International Union

John ForsterCounsel
1 appearance
Dustin RoseCounsel
1 appearance
Travis KearnsCounsel
1 appearance
John R. EvansCounsel
1 appearance
Linval DixonCounsel
1 appearance

for Urszula Marynowicz

Tadeusz OlechAgent
1 appearance
Urszula MarynowiczSelf-represented
1 appearance

on behalf of Fleet Industries

Anthony ClaroniAgent
1 appearance

on behalf of the applicant

Paula WeaverSelf-represented
1 appearance
John WeaverAgent
1 appearance

on behalf of the responding party

Paul L. MullinsCounsel
1 appearance

on behalf of the union

Stephen KrashsinskUnion representative
1 appearance
Julius AntelUnion representative
1 appearance

on her own behalf

Mary Grace LorenzoSelf-represented
1 appearance
Maryellen GilmourSelf-represented
1 appearance

on his own behalf

Tim RossSelf-represented
1 appearance
Yuet Ha TangSelf-represented
1 appearance
Daniel J. ColeSelf-represented
1 appearance
Clifford PodlovicsSelf-represented
1 appearance
Luigi CalabroSelf-represented
1 appearance
Robert HusseySelf-represented
1 appearance
Mark LeClairSelf-represented
1 appearance
Dan McMahonSelf-represented
1 appearance
John ZuwalaSelf-represented
1 appearance
Dave GraingerSelf-represented
1 appearance

560

Decisions

Years active

Tribunals

1.7

cases/mo

OLRB507(91%)

OGSB52(9%)

OPEHT1(0%)

Decision types

motion

416

trial

appeal

/Adjudicator

Brian McLean — Alternate Chair

Employment and Labour Law

Workers' Compensation

Brian McLean

Alternate Chair·Ontario Pay Equity Hearings Tribunal·Since 1998

OPEHT OLRB OGSB

560

cases · 29 yrs · OLRB, OGSB, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 247Vice-Chair· 145Vice-Chair· 107Arbitrator· 52Vice-Chair· Chair· 5Alternate Chair· 1Vice-Chair· Chair· 1Vice Chair· 1

Brian McLean

Application withdrawn with leave of the Board.

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

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

Ronald W. Marsh v. United Steelworkers of America Local 1105, 2001 CanLII 14226

Brian McLean

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

The applicant filed an application against the responding union, with the employer intervening.

On the agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year.

If no party requests to proceed within that time, the application will be deemed terminated.

Joseph R. Lacasse v. Ottawa Carleton Public Employees CUPE 503, 2001 CanLII 12875

J. A. Rundle

D. A. Patterson

Brian McLean

Application withdrawn with leave of the Board.

The applicant union sought leave to withdraw its application.

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

Canadian Union of Public Employees and its Local 4314 v. Payukotayno: James and Hudson’s Bay Family Services, 2001 CanLII 17448

J. A. Rundle

D. A. Patterson

Brian McLean

Union's request to withdraw certification application after representation vote granted.

The applicant union sought leave to withdraw its application for certification after a representation vote was held and the ballot box sealed.

The Ontario Labour Relations Board granted the request to withdraw the application pursuant to section 7(8) of the Labour Relations Act, 1995.

The Board noted that any effect of the withdrawal on subsequent applications under section 7(10) of the Act would be determined if a new application is filed within one year.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Toyota Motor Manufacturing Canada Inc., 2001 CanLII 18987

Brian McLean

Expedited hearing granted for unfair labour practice application during an ongoing strike.

The applicant union, whose members were on strike, requested an expedited hearing for its unfair labour practice application under section 96 of the Labour Relations Act, 1995.

The Ontario Labour Relations Board granted the request, scheduling the hearing for August 10, 2001, and directing the responding party to file its response within five business days.

Canadian Union of Public Employees Local 107 v. The Corporation of the City of London, 2001 CanLII 18112

Brian McLean

Consultation adjourned and applicant directed to respond to request for particulars.

The Board adjourned the consultation date to a date to be set by the Registrar if necessary.

The responding party requested particulars of the circumstances of members affected by the alleged conduct.

The Board directed the applicant to advise within three days whether it objects to filing the particulars and its reasons for doing so.

Toronto Civic Employees’ Union, Local 416, Canadian Union of Public Employees v. The Canadian Union of Public Employees Local Union No. 79, 2001 CanLII 12304

J. A. Rundle

D. A. Patterson

Brian McLean

Board ordered applicant to show cause why OHSA reprisal application should not be dismissed.

The applicant filed an application under section 50 of the Occupational Health and Safety Act.

The responding party filed a response that appeared to provide a complete answer to the application.

Noting the applicant's subsequent inaction, the Board directed the applicant to show cause within 15 days why the application should not be dismissed based on the responding party's answer.

The Board ordered that if no response was received, the application would be deemed dismissed without further notice.

Jamie Ball v. Chipcorr Partitions Ltd., 2001 CanLII 6017

Brian McLean

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

The applicant union and responding parties agreed to adjourn the applications sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matters would be deemed terminated if no party requested to proceed.

Service Employees International Union, Local 220 v. Clover Health Care Services, 2001 CanLII 11116

J. A. Rundle

D. A. Patterson

Brian McLean

Representation vote ordered in certification application with ballot box sealed pending bargaining unit dispute resolution.

The applicant union applied for certification to represent certain employees of the Corporation of the Town of Ajax.

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.

Canadian Union of Public Employees v. The Corporation of the Town of Ajax, 2001 CanLII 7335

Brian McLean

Time to file response extended to August 15, 2001.

The responding party requested an extension of time to file its response to the application.

The Ontario Labour Relations Board granted the request and extended the filing deadline to August 15, 2001.

Emmanuel Abégunrin v. CUPE Local One, 2001 CanLII 6301

J. A. Rundle

D. A. Patterson

Brian McLean

Representation vote ordered in union certification application with ballot box sealed pending status disputes.

The applicant trade union applied for certification to represent a bargaining unit of stationary engineers and operators employed by the responding party.

International Union of Operating Engineers Local 772 v. Dofasco Inc., 2001 CanLII 4065

Brian McLean

OLRBOntario Labour Relations BoardJul 27, 2001

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

The applicant filed a complaint alleging a violation of section 74 of the Labour Relations Act, 1995.

The responding union requested that the Board dismiss the application without a hearing on the basis that it did not make out a violation of section 74.

Charles Milson v. Retail Wholesale Canada-CAW, 2001 CanLII 19907

Brian McLean

Licence Surrendered - Retired5 cases2000–2001

Request for termination pay dismissed as satisfied by prior award of 3 months' pay.

The applicant requested an order for termination pay following the Board's previous decisions.

The Board dismissed the request, finding that any claim for termination pay was already satisfied by the Board's prior award of 3 months' pay.

Arnold Margulis v. Delphax Systems, 2001 CanLII 15182

Mircho Mirchev

Brian McLean

Chicken catchers employed by a commercial labour supplier are not exempt from employment standards protections.

The applicant employer, a commercial operation supplying chicken-catching labour to farms, sought review of an Order to Pay issued by an Employment Standards Officer.

The employer argued that its employees were exempt from overtime, vacation, and public holiday pay under Regulation 325 of the Employment Standards Act as persons 'employed on a farm'.

The Board held that the exemption applies only to employees employed on a single farm by a farmer, not to employees of a commercial operation providing services to multiple farms.

The application for review was dismissed.

976395 Ontario Inc. o/a Moonfleet v. Burry, 2001 CanLII 11999

Brian McLean

OLRBOntario Labour Relations BoardJul 19, 2001

Duty of fair representation complaint dismissed; union reasonably refused to arbitrate grievance after applicant admitted theft.

The applicant, a bartender whose employment was terminated for violating cash-handling policies and taking overages, filed a duty of fair representation complaint against his union.

The union had filed a grievance but decided not to proceed to arbitration after the applicant admitted to the misconduct during a grievance meeting.

The Board dismissed the application, finding that the union's decision not to arbitrate was entirely reasonable given the applicant's admissions, short service, and lack of remorse.

Jorge Daniel Schauman v. CAW, Local 414, 2001 CanLII 2527

Brian McLean

Applicant's spouse ordered to produce documents pursuant to a summons to witness.

In an application for review of an Employment Standards Officer's refusal to issue an Order to Pay, the employer served the applicant's spouse with a summons to witness requiring document production.

The spouse did not file submissions objecting to the production as previously directed by the Board.

The Board ordered the spouse to deliver the requested documents to the employer's counsel.

David Blake v. Peter Charles Ansley Holdings Limited, 2001 CanLII 18792

Brian McLean

Applicant directed to file submissions responding to union's motion to dismiss for no prima facie case.

The applicant filed an application alleging a breach of section 75 of the Labour Relations Act.

The responding union requested that the Board dismiss the application without a hearing for failing to disclose a prima facie case.

The Board directed the applicant to file submissions responding to the union's motion within two weeks.

Mario Frattina v. International Union of Bricklayers and Allied Craftworkers, Local 1, 2001 CanLII 15333

Brian McLean

Application withdrawn with leave of the Board.

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

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

Communications, Energy and Paperworkers Union of Canada v. Union Energy Inc., 2001 CanLII 6420

Brian McLean

In Private Practice22 cases2000–2022

Application withdrawn with leave of the Board.

The applicant sought to withdraw their application against the responding parties.

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

Shi-Ming J. Zhu v. Ticket King Administration and Ministry of Labour, 2001 CanLII 3095

Jeremy Warning

Brian McLean