Brian McLean

OLRBUnanimous0 cases1987–2001

H. Peacock

Brian McLean

OLRBOntario Labour Relations BoardApr 11, 2000

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.

A representation vote was held, and not more than 50% of the ballots were cast in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for this bargaining unit.

Canadian Union of Public Employees v. Blackadar Continuing Care Centre Inc., 2000 CanLII 3171

R. R. Montague

J. A. Rundle

Brian McLean

Representation vote deferred pending determination of the timeliness of a displacement application for certification.

The applicant union filed a displacement application for certification.

The responding employer and intervenor union argued the application was untimely due to an existing collective agreement.

The applicant contended there was no signed collective agreement and the ratified agreement differed from the one agreed upon.

The Board deferred holding a representation vote until the timeliness of the application could be determined, balancing the applicant's arguments against the interests of the incumbent union and employer.

The matter was referred to the Registrar to set hearing dates.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Sexual Assault Crisis Centre (Kingston) Inc., 2000 CanLII 13170

R. R. Montague

J. A. Rundle

Brian McLean

Trade union's bargaining rights terminated after failing to respond to employer's application.

The applicant employer applied under section 65(2) of the Labour Relations Act, 1995 to terminate the responding trade union's bargaining rights.

The trade union failed to file a response to the application.

The Board found that the criteria under section 65(2) were established by the undisputed facts and exercised its discretion to terminate the trade union's bargaining rights.

Atlas Ideal Metals Inc. v. Teamsters, Chauffeurs, Warehousemen and Helpers, Local 880, 2000 CanLII 12951

Brian McLean

Appeal of inspector's order allowed; impracticable to heat warehouse common areas due to open bay doors.

The applicant appealed an order from a Health and Safety Inspector requiring it to heat the common areas of its industrial mall to at least 18° Celsius pursuant to section 129 of Regulation 851 under the Occupational Health and Safety Act.

The applicant argued that the area was normally unheated and that the necessity of opening bay doors for loading and unloading made heating impracticable.

The Board accepted the applicant's evidence that the bay doors were frequently open.

The Board found that given the size of the doors, the frequency they remained open, and the size of the area, it was impracticable to heat the common areas to the prescribed temperature.

The appeal was allowed.

Roberts Warehousing & Storage v. Ministry of Labour, 2000 CanLII 12714

Brian McLean

Reconsideration request dismissed as it merely attempted to re-argue the duty of fair representation complaint.

The applicant requested reconsideration of a Board decision dismissing his duty of fair representation complaint against the union.

The applicant argued the Board was biased because he heard rumours the case would be dismissed before the decision was released.

The Board dismissed the request, finding it was merely an attempt to re-argue the case and that rumours of a dismissal do not establish bias.

Lou Calabro v. CUPE Local 10, 2000 CanLII 12329

R. R. Montague

J. A. Rundle

Brian McLean

Application withdrawn with leave of the Board.

The applicant union requested to withdraw its application.

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

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. West Parry Sound Health Centre, 2000 CanLII 10154

R. R. Montague

J. A. Rundle

Brian McLean

Representation vote ordered in certification application, but ballot box sealed due to section 8.1 dispute.

The applicant trade union applied for certification to represent employees at the Park Hyatt Toronto.

The Ontario Labour Relations Board found that the applicant is a trade union and appeared to have the requisite 40% membership support in the proposed bargaining unit.

The Board ordered a representation vote.

However, because the employer filed a notice under section 8.1 of the Labour Relations Act, 1995 disputing the applicant's estimate of the number of employees in the bargaining unit, the Board ordered that the ballot box be sealed following the vote until the Board orders otherwise or the parties agree.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Park Hyatt Toronto formerly The Park Plaza Hotel Hospitality L.P., 2000 CanLII 8718

R. R. Montague

J. A. Rundle

Brian McLean

Application withdrawn with leave of the Board.

The applicants requested to withdraw their application.

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

Sharon Ing RN & Mary Hickey RN v. SEIU Local 204, 2000 CanLII 6186

R. R. Montague

J. A. Rundle

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.

Raymond R. Pitre v. D. Fragomeni c/o Falconbridge Ltd., 2000 CanLII 3155

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 to withdraw the application.

Frank G. Ciotti v. Ontario English Catholic Teachers (OECTA), 2000 CanLII 3042

R. R. Montague

J. A. Rundle

Brian McLean

Application withdrawn with leave of the Board.

The applicant requested to withdraw the application.

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

David A. Sproul v. D. Fragomeni c/o Falconbridge Ltd., 2000 CanLII 2862

Brian McLean

OLRBOntario Labour Relations BoardApr 6, 2000

Employer's appeal of an Order to Pay dismissed due to failure to appear at hearing.

The employer appealed an Order to Pay issued by an Employment Standards Officer under section 68 of the Employment Standards Act.

Despite receiving notice, the employer failed to appear at the scheduled hearing.

The Ontario Labour Relations Board dismissed the appeal and ordered the wages held in trust to be disbursed to the employee.

Landmark Associates Limited v. Fred Joly, 2000 CanLII 13257

J. A. Ronson

D. A. Patterson

Brian McLean

OLRBOntario Labour Relations BoardApr 5, 2000

Leave granted to withdraw applications following filing of Minutes of Settlement.

The applicant union sought leave to withdraw its applications against the responding parties.

Having regard to the Minutes of Settlement filed, the Ontario Labour Relations Board granted leave to withdraw the applications.

United Food and Commercial Workers International Union v. Belpak Foods, 2000 CanLII 6322

Sheilagh Turkington

In Private Practice26 cases2000–2022

Kevin Fox

10 cases1999–2024

Brian McLean

Duty of fair representation complaint dismissed; union's flawed investigation of discharge grievance was not arbitrary.

The applicant, a health care aide, was discharged for allegedly leaving work early and having a co-worker swipe her time card.

The union investigated the grievance but ultimately decided not to proceed to arbitration, leading the applicant to file a duty of fair representation complaint under section 74 of the Labour Relations Act.

The Board found that while the union's investigation was deficient in several respects, including a misunderstanding of how the card swipe system worked, these errors amounted to honest mistakes rather than gross negligence.

The Board concluded that the union's decision was not arbitrary, discriminatory, or in bad faith, and dismissed the application.

Verona Ranger v. Service Employees International Union, 2000 CanLII 13141

L. Eisenberg

29 cases2000–2001

Brian McLean

Application for termination pay dismissed as the Board found the employee quit his employment.

The applicant sought a review of an Employment Standards Officer's decision not to issue an Order to Pay against his former employer.

The applicant alleged he was terminated or constructively dismissed following a workplace dispute.

The employer maintained that the applicant was only suspended and subsequently quit when he refused to return to work.

The Board found that the employer never intended to terminate the applicant's employment and that the applicant had quit.

The Board also rejected the constructive dismissal claim.

The application was dismissed.

Giovanni Ramirez v. Coldmatic Refrigeration of Canada Ltd., 2000 CanLII 12399

Brian McLean

OLRBOntario Labour Relations BoardMar 31, 2000

Declaration of successor union rights granted following unopposed application under section 68.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor, the Aluminum Brick & Glass Workers International Union, by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Board granted the declaration, confirming the applicant as the successor for two separate bargaining units at the responding party's quarry.

United Steelworkers of America v. Nelson Aggregates Ltd., Uhthoff Quarry, 2000 CanLII 4025

Brian McLean

Motion to dismiss applications without a hearing for lack of prima facie case denied.

The responding party union brought a motion to dismiss the applications without a hearing, arguing they did not disclose a prima facie breach of the Act.

The Ontario Labour Relations Board denied the motion and directed that the applications be set down for consultation.

Salmon v. Ontario Public Service Employees Union, Local 593, 2000 CanLII 12605

Brian McLean

Not Practising Law - Employed20 cases2000–2001

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

The parties agreed to adjourn the applications sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matters would be deemed terminated if no party requested to proceed within that time.

Canadian Health Care Workers Union v. Caressant Care Rest Home, 2000 CanLII 7555

Karen Northey

Brian McLean

OLRBOntario Labour Relations BoardMar 22, 2000

Employer's appeal dismissed; ordering an employee to leave after an ultimatum constitutes termination, not resignation.

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

The employer argued that the employee was not fired but had quit after issuing an ultimatum regarding working conditions.

The Board found that even accepting the employer's version of events, the employee had only stated an intention to quit if his demands were not met.

By telling the employee he was quitting and ordering him to leave the premises before the employee actually resigned, the employer effectively terminated the employment.

The employer's appeal was dismissed and the Order to Pay was confirmed.

Belair Recreational Products Inc. v. Robert Hussey, 2000 CanLII 12817

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

R. R. Montague

J. A. Rundle

Brian McLean

OLRBOntario Labour Relations BoardApr 11, 2000

Union certified as bargaining agent for municipal employees following successful representation vote.

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

Local Union 636 of the International Brotherhood of Electrical Workers v. The Corporation of the Town of Clinton, 2000 CanLII 4390

J. A. Ronson

OLRBUnanimous0 cases1987–2001

H. Peacock

Brian McLean

OLRBOntario Labour Relations BoardApr 11, 2000

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.

A representation vote was held, and not more than 50% of the ballots were cast in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for this bargaining unit.

Canadian Union of Public Employees v. Blackadar Continuing Care Centre Inc., 2000 CanLII 3171

R. R. Montague

J. A. Rundle

Brian McLean

Representation vote deferred pending determination of the timeliness of a displacement application for certification.

The applicant union filed a displacement application for certification.

The responding employer and intervenor union argued the application was untimely due to an existing collective agreement.

The applicant contended there was no signed collective agreement and the ratified agreement differed from the one agreed upon.

The matter was referred to the Registrar to set hearing dates.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Sexual Assault Crisis Centre (Kingston) Inc., 2000 CanLII 13170

R. R. Montague

J. A. Rundle

Brian McLean

Trade union's bargaining rights terminated after failing to respond to employer's application.

The applicant employer applied under section 65(2) of the Labour Relations Act, 1995 to terminate the responding trade union's bargaining rights.

The trade union failed to file a response to the application.

The Board found that the criteria under section 65(2) were established by the undisputed facts and exercised its discretion to terminate the trade union's bargaining rights.

Atlas Ideal Metals Inc. v. Teamsters, Chauffeurs, Warehousemen and Helpers, Local 880, 2000 CanLII 12951

Brian McLean

Appeal of inspector's order allowed; impracticable to heat warehouse common areas due to open bay doors.

The applicant argued that the area was normally unheated and that the necessity of opening bay doors for loading and unloading made heating impracticable.

The Board accepted the applicant's evidence that the bay doors were frequently open.

The Board found that given the size of the doors, the frequency they remained open, and the size of the area, it was impracticable to heat the common areas to the prescribed temperature.

The appeal was allowed.

Roberts Warehousing & Storage v. Ministry of Labour, 2000 CanLII 12714

Brian McLean

Reconsideration request dismissed as it merely attempted to re-argue the duty of fair representation complaint.

The applicant requested reconsideration of a Board decision dismissing his duty of fair representation complaint against the union.

The applicant argued the Board was biased because he heard rumours the case would be dismissed before the decision was released.

The Board dismissed the request, finding it was merely an attempt to re-argue the case and that rumours of a dismissal do not establish bias.

Lou Calabro v. CUPE Local 10, 2000 CanLII 12329

R. R. Montague

J. A. Rundle

Brian McLean

Application withdrawn with leave of the Board.

The applicant union requested to withdraw its application.

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

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. West Parry Sound Health Centre, 2000 CanLII 10154

R. R. Montague

J. A. Rundle

Brian McLean

Representation vote ordered in certification application, but ballot box sealed due to section 8.1 dispute.

The applicant trade union applied for certification to represent employees at the Park Hyatt Toronto.

The Ontario Labour Relations Board found that the applicant is a trade union and appeared to have the requisite 40% membership support in the proposed bargaining unit.

The Board ordered a representation vote.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Park Hyatt Toronto formerly The Park Plaza Hotel Hospitality L.P., 2000 CanLII 8718

R. R. Montague

J. A. Rundle

Brian McLean

Application withdrawn with leave of the Board.

The applicants requested to withdraw their application.

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

Sharon Ing RN & Mary Hickey RN v. SEIU Local 204, 2000 CanLII 6186

R. R. Montague

J. A. Rundle

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.

Raymond R. Pitre v. D. Fragomeni c/o Falconbridge Ltd., 2000 CanLII 3155

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 to withdraw the application.

Frank G. Ciotti v. Ontario English Catholic Teachers (OECTA), 2000 CanLII 3042

R. R. Montague

J. A. Rundle

Brian McLean

Application withdrawn with leave of the Board.

The applicant requested to withdraw the application.

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

David A. Sproul v. D. Fragomeni c/o Falconbridge Ltd., 2000 CanLII 2862

Brian McLean

OLRBOntario Labour Relations BoardApr 6, 2000

Employer's appeal of an Order to Pay dismissed due to failure to appear at hearing.

The employer appealed an Order to Pay issued by an Employment Standards Officer under section 68 of the Employment Standards Act.

Despite receiving notice, the employer failed to appear at the scheduled hearing.

The Ontario Labour Relations Board dismissed the appeal and ordered the wages held in trust to be disbursed to the employee.

Landmark Associates Limited v. Fred Joly, 2000 CanLII 13257

J. A. Ronson

D. A. Patterson

Brian McLean

OLRBOntario Labour Relations BoardApr 5, 2000

Leave granted to withdraw applications following filing of Minutes of Settlement.

The applicant union sought leave to withdraw its applications against the responding parties.

Having regard to the Minutes of Settlement filed, the Ontario Labour Relations Board granted leave to withdraw the applications.

United Food and Commercial Workers International Union v. Belpak Foods, 2000 CanLII 6322

Sheilagh Turkington

In Private Practice26 cases2000–2022

Kevin Fox

10 cases1999–2024

Brian McLean

Duty of fair representation complaint dismissed; union's flawed investigation of discharge grievance was not arbitrary.

The applicant, a health care aide, was discharged for allegedly leaving work early and having a co-worker swipe her time card.

The Board concluded that the union's decision was not arbitrary, discriminatory, or in bad faith, and dismissed the application.

Verona Ranger v. Service Employees International Union, 2000 CanLII 13141

L. Eisenberg

29 cases2000–2001

Brian McLean

Application for termination pay dismissed as the Board found the employee quit his employment.

The applicant sought a review of an Employment Standards Officer's decision not to issue an Order to Pay against his former employer.

The applicant alleged he was terminated or constructively dismissed following a workplace dispute.

The employer maintained that the applicant was only suspended and subsequently quit when he refused to return to work.

The Board found that the employer never intended to terminate the applicant's employment and that the applicant had quit.

The Board also rejected the constructive dismissal claim.

The application was dismissed.

Giovanni Ramirez v. Coldmatic Refrigeration of Canada Ltd., 2000 CanLII 12399

Brian McLean

OLRBOntario Labour Relations BoardMar 31, 2000

Declaration of successor union rights granted following unopposed application under section 68.

The application was unopposed.

The Board granted the declaration, confirming the applicant as the successor for two separate bargaining units at the responding party's quarry.

United Steelworkers of America v. Nelson Aggregates Ltd., Uhthoff Quarry, 2000 CanLII 4025

Brian McLean

Motion to dismiss applications without a hearing for lack of prima facie case denied.

The responding party union brought a motion to dismiss the applications without a hearing, arguing they did not disclose a prima facie breach of the Act.

The Ontario Labour Relations Board denied the motion and directed that the applications be set down for consultation.

Salmon v. Ontario Public Service Employees Union, Local 593, 2000 CanLII 12605

Brian McLean

Not Practising Law - Employed20 cases2000–2001

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

The parties agreed to adjourn the applications sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matters would be deemed terminated if no party requested to proceed within that time.

Canadian Health Care Workers Union v. Caressant Care Rest Home, 2000 CanLII 7555

Karen Northey

Brian McLean