Brian McLean

Employment standards appeal adjourned to provide notice to a potentially affected related corporation.

The applicant appealed an Employment Standards Officer's refusal to issue an Order to Pay for unpaid wages against a related corporation, which the Officer found was statute-barred.

At the hearing, the Board noted that the related corporation had not been listed as a responding party and did not receive notice of the hearing.

Because any decision would affect the corporation, the Board adjourned the hearing and directed the applicant to provide contact information so proper notice could be given.

Kevin Wolf v. Future Health Inc. o/a Trauma Services, 2001 CanLII 6570

Brian McLean

Application terminated following minutes of settlement between the parties.

The applicant filed an application which was subsequently resolved by the parties.

Having regard to the Minutes of Settlement reached between the parties, the Ontario Labour Relations Board terminated the application.

Ernest Liersch v. Capital Environmental Resource Inc., 2001 CanLII 12070

Brian McLean

Employment standards appeal adjourned pending resolution of related criminal proceedings involving the applicant's wife.

The applicant appealed an Employment Standards Officer's refusal to make an Order to Pay against the responding party employer.

At the hearing, the parties agreed to adjourn the matter on the merits until criminal proceedings involving the applicant's wife are conclusively resolved.

The Board granted the adjournment and directed the parties to file written submissions regarding a preliminary issue of whether the applicant's wife must produce documents requested in a summons to witness.

David Blake v. Peter Charles Ansley Holdings Limited, 2001 CanLII 7713

Laurie Eisenberg

22 cases2000–2001

Brian McLean

Licence Surrendered - Retired5 cases2000–2001

Application for unpaid wages dismissed as it was filed outside the strict statutory limitation period.

The applicant filed a claim for unpaid wages under the Employment Standards Act.

The applicant's last day of work was October 1, 1999, but the claim was not filed until November 27, 2000.

The Ontario Labour Relations Board dismissed the application, finding that it was barred by the strict limitation period in section 82.3(1) of the Act, which the Board has no discretion to vary.

Joe Porco v. The Works Restaurant 24 Hours, 2001 CanLII 2401

Mircho Mirchev

Brian McLean

OLRBOntario Labour Relations BoardApr 20, 2001

Employer's appeal dismissed for non-attendance; subsequent explanatory letter treated as request for reconsideration.

The applicant employer failed to attend the scheduled hearing for its appeal of an Order to Pay.

After standing down for half an hour, the Board orally dismissed the appeal.

Subsequently, the applicant's counsel advised the Board that the failure to attend was due to an inadvertent office error.

The Board treated this correspondence as a request for reconsideration and directed the parties to file submissions.

Impact Tool & Mould Inc. v. Robert Pigeon, 2001 CanLII 3447

Board issues consent order declaring municipality as successor employer following transfer of transportation department.

The applicant union applied under section 69 of the Labour Relations Act, 1995 for a declaration that the municipality was the successor employer to the public utility commission following the transfer of the transportation department.

The parties reached a settlement and requested a consent order.

The Board issued declarations on consent confirming the municipality as the successor employer bound by the existing collective agreements and bargaining unit descriptions.

International Brotherhood of Electrical Workers, Local 636 v. The Public Utility Commission of the City of Stratford, 2001 CanLII 2830

Brian McLean

Board issued procedural directions and scheduled a hearing for a labour relations transition application.

The Ontario Labour Relations Board issued procedural directions in an application under the Public Sector Labour Relations Transition Act, 1997.

The Board directed the parties to file briefs and documents regarding the issues in dispute and scheduled a consultation and/or hearing for May 7, 2001.

Ontario Public Service Employees Union v. Employees’ Union, Providence Continuing Care Centre, 2001 CanLII 19888

R. R. Montague

J. A. Ronson

Brian McLean

Union certified for Kingston bargaining unit but application dismissed for Belleville/Bancroft unit following representation votes.

The applicant union applied for certification for two bargaining units: Kingston and Belleville/Bancroft.

Following representation votes, the union failed to secure more than fifty per cent of the ballots in the Belleville/Bancroft unit, resulting in the dismissal of that portion of the application.

However, the union secured more than fifty per cent of the ballots in the Kingston unit.

The Board issued a certificate for the Kingston bargaining unit.

Ontario Public Service Employees Union v. All-Care Health Services Limited, 2001 CanLII 6327

R. R. Montague

J. A. Ronson

Brian McLean

OLRBOntario Labour Relations BoardApr 17, 2001

Board corrects previous decision to direct parties to section 10(3) of the Labour Relations Act.

The Ontario Labour Relations Board issued a decision correcting paragraph 5 of its previous decision dated April 5, 2001.

The Board revoked the original paragraph 5 and substituted it with a new paragraph directing the parties and employees to section 10(3) of the Labour Relations Act, 1995, regarding any future application for certification.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787 v. Union Energy Limited c.o.b. as 21 Degrees Heating & Air Conditioning, 2001 CanLII 17276

R. R. Montague

J. A. Rundle

Brian McLean

Union decertified following a representation vote where a majority of employees voted in opposition.

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

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the Sexual Assault Crisis Centre of Windsor Essex County.

Joy Buckwheat v. Service Employees’ International Union, Local 210, 2001 CanLII 17464

Brian McLean

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw the application.

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

Gary P. Sanko v. CUPE Local 3, 2001 CanLII 11828

Brian McLean

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw the application.

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

Russel Belanger v. CUPE Local 1974, 2001 CanLII 7229

Brian McLean

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw the application.

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

Gabriel Fahel v. O.P.S.E.U., Local 526, 2001 CanLII 4071

J. A. Rundle

H. Peacock

Brian McLean

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw its application.

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

International Brotherhood of Electrical Workers, Local 894 v. 970359 Ontario Ltd., 2001 CanLII 3879

Brian McLean

Applications withdrawn with leave of the Board.

The applicant, Michael Dub, sought to withdraw two applications against the Ministry of Correctional Services, Management Board of Cabinet, The Crown in the Right of Ontario, and OPSEU.

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

Michael Dub v. Ministry of Correctional Services, 2001 CanLII 3617

R. R. Montague

J. A. Rundle

Brian McLean

Union certification granted for part-time taxi dispatchers following a successful representation vote.

The applicant union applied for certification to represent part-time order takers and dispatch system operators employed by the responding party.

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

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Associated Toronto Taxi-Cab Co-operative Limited, 2001 CanLII 2719

Brian McLean

OLRBOntario Labour Relations BoardApr 11, 2001

Application dismissed due to applicant's failure to file a required reply.

The applicant failed to file a reply to the requests for dismissal made by the responding party and the intervenor, despite a Board direction to do so.

As a result, the application was dismissed.

Andy Abbott v. International Association of Machinists and Aerospace Workers, Lodge No. 1257, 2001 CanLII 15536

J. A. Ronson

H. Peacock

Brian McLean

Representation vote directed in application for termination of bargaining rights.

The applicant 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 percent of the employees had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken.

Deborah Luft et al v. Hotel Employees Restaurant Employees Union, Local 75, 2001 CanLII 6687

J. A. Ronson

H. Peacock

Brian McLean

Board directs representation vote for LINC instructors at York Catholic District School Board.

The Canadian Union of Public Employees applied for certification to represent Language Instructors for New Comers to Canada (LINC) employed by the York Catholic District School Board.

The Board found the applicant to be a trade union and determined the appropriate bargaining unit based on the parties' agreement.

Finding that at least forty percent of the individuals in the proposed unit were members of the union, the Board directed that a representation vote be taken.

Canadian Union of Public Employees v. York Catholic District School Board, 2001 CanLII 20945

J. A. Ronson

H. Peacock

Brian McLean

Employment and Labour Law

Representation vote ordered for proposed bargaining unit with segregated ballots for part-time employees.

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 established sufficient membership support in its proposed bargaining unit to obtain a representation vote.

The Board directed that a representation vote be taken of the individuals in the voting constituency, with segregated ballots for employees working not more than 24 hours per week, pending resolution of their inclusion in the bargaining unit.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Nefab Inc., 2001 CanLII 16655

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

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

Stephen Mason

20 cases1986–2005

Brian McLean

Employment standards appeal adjourned to provide notice to a potentially affected related corporation.

The applicant appealed an Employment Standards Officer's refusal to issue an Order to Pay for unpaid wages against a related corporation, which the Officer found was statute-barred.

At the hearing, the Board noted that the related corporation had not been listed as a responding party and did not receive notice of the hearing.

Because any decision would affect the corporation, the Board adjourned the hearing and directed the applicant to provide contact information so proper notice could be given.

Kevin Wolf v. Future Health Inc. o/a Trauma Services, 2001 CanLII 6570

Brian McLean

Application terminated following minutes of settlement between the parties.

The applicant filed an application which was subsequently resolved by the parties.

Having regard to the Minutes of Settlement reached between the parties, the Ontario Labour Relations Board terminated the application.

Ernest Liersch v. Capital Environmental Resource Inc., 2001 CanLII 12070

Brian McLean

Employment standards appeal adjourned pending resolution of related criminal proceedings involving the applicant's wife.

The applicant appealed an Employment Standards Officer's refusal to make an Order to Pay against the responding party employer.

At the hearing, the parties agreed to adjourn the matter on the merits until criminal proceedings involving the applicant's wife are conclusively resolved.

David Blake v. Peter Charles Ansley Holdings Limited, 2001 CanLII 7713

Laurie Eisenberg

22 cases2000–2001

Brian McLean

Licence Surrendered - Retired5 cases2000–2001

Application for unpaid wages dismissed as it was filed outside the strict statutory limitation period.

The applicant filed a claim for unpaid wages under the Employment Standards Act.

The applicant's last day of work was October 1, 1999, but the claim was not filed until November 27, 2000.

The Ontario Labour Relations Board dismissed the application, finding that it was barred by the strict limitation period in section 82.3(1) of the Act, which the Board has no discretion to vary.

Joe Porco v. The Works Restaurant 24 Hours, 2001 CanLII 2401

Mircho Mirchev

Brian McLean

OLRBOntario Labour Relations BoardApr 20, 2001

Employer's appeal dismissed for non-attendance; subsequent explanatory letter treated as request for reconsideration.

The applicant employer failed to attend the scheduled hearing for its appeal of an Order to Pay.

After standing down for half an hour, the Board orally dismissed the appeal.

Subsequently, the applicant's counsel advised the Board that the failure to attend was due to an inadvertent office error.

The Board treated this correspondence as a request for reconsideration and directed the parties to file submissions.

Impact Tool & Mould Inc. v. Robert Pigeon, 2001 CanLII 3447

J. A. Rundle

H. Peacock

Brian McLean

OLRBOntario Labour Relations BoardApr 20, 2001

Board issues consent order declaring municipality as successor employer following transfer of transportation department.

The parties reached a settlement and requested a consent order.

The Board issued declarations on consent confirming the municipality as the successor employer bound by the existing collective agreements and bargaining unit descriptions.

International Brotherhood of Electrical Workers, Local 636 v. The Public Utility Commission of the City of Stratford, 2001 CanLII 2830

Brian McLean

Board issued procedural directions and scheduled a hearing for a labour relations transition application.

The Ontario Labour Relations Board issued procedural directions in an application under the Public Sector Labour Relations Transition Act, 1997.

The Board directed the parties to file briefs and documents regarding the issues in dispute and scheduled a consultation and/or hearing for May 7, 2001.

Ontario Public Service Employees Union v. Employees’ Union, Providence Continuing Care Centre, 2001 CanLII 19888

R. R. Montague

J. A. Ronson

Brian McLean

Union certified for Kingston bargaining unit but application dismissed for Belleville/Bancroft unit following representation votes.

The applicant union applied for certification for two bargaining units: Kingston and Belleville/Bancroft.

Following representation votes, the union failed to secure more than fifty per cent of the ballots in the Belleville/Bancroft unit, resulting in the dismissal of that portion of the application.

However, the union secured more than fifty per cent of the ballots in the Kingston unit.

The Board issued a certificate for the Kingston bargaining unit.

Ontario Public Service Employees Union v. All-Care Health Services Limited, 2001 CanLII 6327

R. R. Montague

J. A. Ronson

Brian McLean

OLRBOntario Labour Relations BoardApr 17, 2001

Board corrects previous decision to direct parties to section 10(3) of the Labour Relations Act.

The Ontario Labour Relations Board issued a decision correcting paragraph 5 of its previous decision dated April 5, 2001.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787 v. Union Energy Limited c.o.b. as 21 Degrees Heating & Air Conditioning, 2001 CanLII 17276

R. R. Montague

J. A. Rundle

Brian McLean

Union decertified following a representation vote where a majority of employees voted in opposition.

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

Joy Buckwheat v. Service Employees’ International Union, Local 210, 2001 CanLII 17464

Brian McLean

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw the application.

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

Gary P. Sanko v. CUPE Local 3, 2001 CanLII 11828

Brian McLean

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw the application.

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

Russel Belanger v. CUPE Local 1974, 2001 CanLII 7229

Brian McLean

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw the application.

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

Gabriel Fahel v. O.P.S.E.U., Local 526, 2001 CanLII 4071

J. A. Rundle

H. Peacock

Brian McLean

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw its application.

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

International Brotherhood of Electrical Workers, Local 894 v. 970359 Ontario Ltd., 2001 CanLII 3879

Brian McLean

Applications withdrawn with leave of the Board.

The applicant, Michael Dub, sought to withdraw two applications against the Ministry of Correctional Services, Management Board of Cabinet, The Crown in the Right of Ontario, and OPSEU.

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

Michael Dub v. Ministry of Correctional Services, 2001 CanLII 3617

R. R. Montague

J. A. Rundle

Brian McLean

Union certification granted for part-time taxi dispatchers following a successful representation vote.

The applicant union applied for certification to represent part-time order takers and dispatch system operators employed by the responding party.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Associated Toronto Taxi-Cab Co-operative Limited, 2001 CanLII 2719

Brian McLean

OLRBOntario Labour Relations BoardApr 11, 2001

Application dismissed due to applicant's failure to file a required reply.

The applicant failed to file a reply to the requests for dismissal made by the responding party and the intervenor, despite a Board direction to do so.

As a result, the application was dismissed.

Andy Abbott v. International Association of Machinists and Aerospace Workers, Lodge No. 1257, 2001 CanLII 15536

J. A. Ronson

H. Peacock

Brian McLean

Representation vote directed in application for termination of bargaining rights.

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

The Board directed that a representation vote be taken.

Deborah Luft et al v. Hotel Employees Restaurant Employees Union, Local 75, 2001 CanLII 6687

J. A. Ronson

H. Peacock

Brian McLean

Board directs representation vote for LINC instructors at York Catholic District School Board.

The Canadian Union of Public Employees applied for certification to represent Language Instructors for New Comers to Canada (LINC) employed by the York Catholic District School Board.

The Board found the applicant to be a trade union and determined the appropriate bargaining unit based on the parties' agreement.

Finding that at least forty percent of the individuals in the proposed unit were members of the union, the Board directed that a representation vote be taken.

Canadian Union of Public Employees v. York Catholic District School Board, 2001 CanLII 20945

J. A. Ronson

H. Peacock

Brian McLean