Brian McLean

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application against the respondents.

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

Unit Park Holdings Inc. v. Sadrudin Lalji, 2000 CanLII 11293

Brian McLean

Applications withdrawn with leave of the Board.

The applicant, Canadian Union of Public Employees, Local 3902, sought to withdraw multiple applications against the responding party, University of Toronto.

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

Canadian Union of Public Employees, Local 3902 v. University of Toronto, 2000 CanLII 9325

Style of cause amended to reflect the correct name of the responding party.

The Ontario Labour Relations Board issued a decision correcting an error in paragraph 1 of its previous decision dated February 25, 2000.

The style of cause was amended to reflect the correct name of the responding party as 'Highrise Window Technologies Inc.'.

United Brotherhood of Retail Food, Industrial and Service Trades International Union v. Highrise Window Technologies Inc., 2000 CanLII 6829

Brian McLean

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

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

The Board consented to the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if no request to proceed is made.

Northern Ontario Newspaper Guild, Local 30232 of Communications Workers of America v. Northern Lights Programs, the Operating Style of 1103344 Ontario Limited, 2000 CanLII 7817

Brian McLean

Board orders disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

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 Board ordered the disbursement of the funds held in trust by the Director in accordance with the settlement, with $600 to be paid to the employee and the remainder returned to the employer or retained as an administration fee.

Natalizio Enterprises Inc. o/a Le Million Hair v. Brian Bailey, 2000 CanLII 1492

Brian McLean

OLRBOntario Labour Relations BoardMar 14, 2000

Duty of fair representation application dismissed for failing to allege any union misconduct.

The applicant filed an application alleging a breach of section 74 of the Labour Relations Act, 1995.

The responding trade union requested the application be dismissed for failing to disclose a prima facie case.

The Board found that the applicant's submissions related solely to the conduct of an individual and made no allegations of union misconduct.

As section 74 only concerns the conduct of trade unions, the application was dismissed without prejudice.

Ann-Marie Rose v. Retail Wholesale Canada, Canadian division of U.S.W.A., 2000 CanLII 12122

Brian McLean

Reconsideration denied; 10% administration fee on ESA Order to Pay is discretionary, not mandatory.

The Ministry of Labour requested reconsideration of a Board decision that ordered the return of a 10% administration fee to the employer.

The Ministry argued the fee was a mandatory amount on the gross Order to Pay.

The Board dismissed the request, finding that under sections 65(1.2) and 68(6) of the Employment Standards Act, the imposition of administration costs is discretionary.

The Board affirmed its exercise of discretion to rescind the fee, noting the Order to Pay was improperly made due to the Ministry's failure to provide timely notice of the complainants' names.

Cineplex Odeon Corporation v. Ministry of Labour, 2000 CanLII 13012

J. A. Rundle

H. Peacock

Brian McLean

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union applied for certification.

A representation vote was held, and not more than fifty per cent of the ballots cast by employees in the bargaining unit were 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 applications by the applicant for the same bargaining unit.

Teamsters Local Union 938 v. Toys ‘R’ Us (Canada) Ltd., 2000 CanLII 6234

J. A. Rundle

H. Peacock

Brian McLean

Representation vote directed in union certification application.

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

The Ontario Labour Relations Board found that the applicant is a trade union and that at least 40% of the individuals in the proposed bargaining unit were members.

The Board directed a representation vote to be held, with any disputes regarding the inclusion of certain employees or the employer's legal identity to be determined following the vote.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. London Health Sciences Centre c.o.b. as Growing Concern Co-operative Daycare Centre, 2000 CanLII 1927

Brian McLean

OLRBOntario Labour Relations BoardMar 10, 2000

Request for reconsideration of duty of fair representation complaint dismissed.

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

The complaint arose from the union's decision to settle two grievances related to the applicant's accommodation and administrative transfer.

The Board found that the union had considered relevant factors, including legal advice, the likelihood of success, and the impact on the bargaining unit, in deciding to settle.

The Board concluded that the applicant raised no new evidence or arguments that could not have been raised previously, and dismissed the request for reconsideration.

Perry Zolis v. Ontario Secondary School Teachers’ Federation District 12, 2000 CanLII 12126

Kevin Bowser

1 case2000–2000

Heather Crisp

29 cases2000–2015

Brian McLean

OLRBOntario Labour Relations BoardMar 9, 2000

Duty of fair representation complaint dismissed due to lack of evidence and untimeliness.

The applicant filed a duty of fair representation complaint against his union, alleging it violated section 74 of the Labour Relations Act by negotiating a memorandum of agreement that allowed other employees to rewrite a certification exam, and by failing to require the employer to post a Chief Operator position permanently.

The Board dismissed the application, finding no evidence of a conspiracy between the union and the employer, noting the complaint regarding the memorandum was untimely, and observing that the applicant had failed to file a grievance or seek the union's advice when he first perceived he was being wronged.

Lou Calabro v. CUPE Local 10, 2000 CanLII 13344

J. A. Rundle

D. A. Patterson

Brian McLean

Application to terminate bargaining rights dismissed after union retains majority support in representation vote.

The applicant filed an application to terminate the bargaining rights of the responding party union.

Following a representation vote, the Ontario Labour Relations Board found that not more than fifty per cent of the ballots cast by employees in the bargaining unit were in opposition to the union.

As a result, the application was dismissed.

Sean Doolittle v. Teamsters Local 847, 2000 CanLII 9463

J. A. Rundle

D. A. Patterson

Brian McLean

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

The applicant union applied for certification to represent warehouse employees of 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 certified the union as the bargaining agent for the agreed-upon bargaining unit.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Trebor Allan Inc., 2000 CanLII 9172

Brian McLean

Application withdrawn with leave of the Board following filing of Minutes of Settlement.

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

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

Canadian Association of University Teachers v. Office and Professional Employees’ International Union, Local 225, 2000 CanLII 8308

J. A. Rundle

D. A. Patterson

Brian McLean

Union certification granted following a successful representation vote.

The applicant union applied for certification.

Following a representation vote in which more than 50% of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board ordered that a certificate issue to the applicant for the agreed-upon bargaining unit.

United Brotherhood of Retail Food, Industrial and Service Trades International Union v. Highrise Windsor Technologies Inc., 2000 CanLII 8074

J. A. Rundle

D. A. Patterson

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.

Sean Doolittle v. Teamsters Local 847, 2000 CanLII 7980

J. A. Rundle

H. Peacock

Brian McLean

Union certified as bargaining agent following a successful representation vote.

The applicant union applied for certification to represent employees of the responding party at a specific location in Windsor.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board certified the union as the bargaining agent for the agreed-upon bargaining unit.

Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 v. 629619 Ontario Ltd., 2000 CanLII 7761

J. A. Rundle

D. A. Patterson

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.

Bob Gill v. Joe Fashion, Barry Stevens, Wally Majesky and Robert White, 2000 CanLII 4481

J. A. Rundle

D. A. Patterson

Brian McLean

Union application withdrawn with leave of the Board.

The applicant union requested to withdraw its application.

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

Ontario Public Service Employees Union, Local 249 v. Community Living Oakville, 2000 CanLII 3872

J. A. Rundle

D. A. Patterson

Brian McLean

Employment and Labour Law

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application.

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

Canadian Union of Public Employees, Local 794 v. Hamilton Health Sciences Corporation, 2000 CanLII 3811

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

Brian McLean

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application against the respondents.

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

Unit Park Holdings Inc. v. Sadrudin Lalji, 2000 CanLII 11293

Brian McLean

Applications withdrawn with leave of the Board.

The applicant, Canadian Union of Public Employees, Local 3902, sought to withdraw multiple applications against the responding party, University of Toronto.

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

Canadian Union of Public Employees, Local 3902 v. University of Toronto, 2000 CanLII 9325

J. A. Rundle

D. A. Patterson

Brian McLean

OLRBOntario Labour Relations BoardMar 16, 2000

Style of cause amended to reflect the correct name of the responding party.

The Ontario Labour Relations Board issued a decision correcting an error in paragraph 1 of its previous decision dated February 25, 2000.

The style of cause was amended to reflect the correct name of the responding party as 'Highrise Window Technologies Inc.'.

United Brotherhood of Retail Food, Industrial and Service Trades International Union v. Highrise Window Technologies Inc., 2000 CanLII 6829

Brian McLean

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

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

The Board consented to the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if no request to proceed is made.

Northern Ontario Newspaper Guild, Local 30232 of Communications Workers of America v. Northern Lights Programs, the Operating Style of 1103344 Ontario Limited, 2000 CanLII 7817

Brian McLean

Board orders disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

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.

Natalizio Enterprises Inc. o/a Le Million Hair v. Brian Bailey, 2000 CanLII 1492

Brian McLean

OLRBOntario Labour Relations BoardMar 14, 2000

Duty of fair representation application dismissed for failing to allege any union misconduct.

The applicant filed an application alleging a breach of section 74 of the Labour Relations Act, 1995.

The responding trade union requested the application be dismissed for failing to disclose a prima facie case.

The Board found that the applicant's submissions related solely to the conduct of an individual and made no allegations of union misconduct.

As section 74 only concerns the conduct of trade unions, the application was dismissed without prejudice.

Ann-Marie Rose v. Retail Wholesale Canada, Canadian division of U.S.W.A., 2000 CanLII 12122

Brian McLean

Reconsideration denied; 10% administration fee on ESA Order to Pay is discretionary, not mandatory.

The Ministry of Labour requested reconsideration of a Board decision that ordered the return of a 10% administration fee to the employer.

The Ministry argued the fee was a mandatory amount on the gross Order to Pay.

The Board dismissed the request, finding that under sections 65(1.2) and 68(6) of the Employment Standards Act, the imposition of administration costs is discretionary.

The Board affirmed its exercise of discretion to rescind the fee, noting the Order to Pay was improperly made due to the Ministry's failure to provide timely notice of the complainants' names.

Cineplex Odeon Corporation v. Ministry of Labour, 2000 CanLII 13012

J. A. Rundle

H. Peacock

Brian McLean

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union applied for certification.

A representation vote was held, and not more than fifty per cent of the ballots cast by employees in the bargaining unit were 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 applications by the applicant for the same bargaining unit.

Teamsters Local Union 938 v. Toys ‘R’ Us (Canada) Ltd., 2000 CanLII 6234

J. A. Rundle

H. Peacock

Brian McLean

Representation vote directed in union certification application.

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

The Ontario Labour Relations Board found that the applicant is a trade union and that at least 40% of the individuals in the proposed bargaining unit were members.

The Board directed a representation vote to be held, with any disputes regarding the inclusion of certain employees or the employer's legal identity to be determined following the vote.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. London Health Sciences Centre c.o.b. as Growing Concern Co-operative Daycare Centre, 2000 CanLII 1927

Brian McLean

OLRBOntario Labour Relations BoardMar 10, 2000

Request for reconsideration of duty of fair representation complaint dismissed.

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

The complaint arose from the union's decision to settle two grievances related to the applicant's accommodation and administrative transfer.

The Board found that the union had considered relevant factors, including legal advice, the likelihood of success, and the impact on the bargaining unit, in deciding to settle.

The Board concluded that the applicant raised no new evidence or arguments that could not have been raised previously, and dismissed the request for reconsideration.

Perry Zolis v. Ontario Secondary School Teachers’ Federation District 12, 2000 CanLII 12126

Kevin Bowser

1 case2000–2000

Heather Crisp

29 cases2000–2015

Brian McLean

OLRBOntario Labour Relations BoardMar 9, 2000

Duty of fair representation complaint dismissed due to lack of evidence and untimeliness.

Lou Calabro v. CUPE Local 10, 2000 CanLII 13344

J. A. Rundle

D. A. Patterson

Brian McLean

Application to terminate bargaining rights dismissed after union retains majority support in representation vote.

The applicant filed an application to terminate the bargaining rights of the responding party union.

Following a representation vote, the Ontario Labour Relations Board found that not more than fifty per cent of the ballots cast by employees in the bargaining unit were in opposition to the union.

As a result, the application was dismissed.

Sean Doolittle v. Teamsters Local 847, 2000 CanLII 9463

J. A. Rundle

D. A. Patterson

Brian McLean

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

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

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Trebor Allan Inc., 2000 CanLII 9172

Brian McLean

Application withdrawn with leave of the Board following filing of Minutes of Settlement.

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

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

Canadian Association of University Teachers v. Office and Professional Employees’ International Union, Local 225, 2000 CanLII 8308

J. A. Rundle

D. A. Patterson

Brian McLean

Union certification granted following a successful representation vote.

The applicant union applied for certification.

United Brotherhood of Retail Food, Industrial and Service Trades International Union v. Highrise Windsor Technologies Inc., 2000 CanLII 8074

J. A. Rundle

D. A. Patterson

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.

Sean Doolittle v. Teamsters Local 847, 2000 CanLII 7980

J. A. Rundle

H. Peacock

Brian McLean

Union certified as bargaining agent following a successful representation vote.

The applicant union applied for certification to represent employees of the responding party at a specific location in Windsor.

Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 v. 629619 Ontario Ltd., 2000 CanLII 7761

J. A. Rundle

D. A. Patterson

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.

Bob Gill v. Joe Fashion, Barry Stevens, Wally Majesky and Robert White, 2000 CanLII 4481

J. A. Rundle

D. A. Patterson

Brian McLean

Union application withdrawn with leave of the Board.

The applicant union requested to withdraw its application.

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

Ontario Public Service Employees Union, Local 249 v. Community Living Oakville, 2000 CanLII 3872

J. A. Rundle

D. A. Patterson

Brian McLean