Brian McLean

Representation vote ordered in union certification application; majority declines to seal ballot box.

The applicant trade union applied for certification to represent a bargaining unit of employees of the responding party municipality.

The Board found that the applicant appeared to have the requisite forty percent membership support in the proposed unit and ordered a representation vote.

Although the responding party gave notice under section 8.1 of the Labour Relations Act, 1995 disagreeing with the applicant's estimate of the number of employees, the majority of the Board declined to seal the ballot box, finding the proposed unit could be appropriate and the threshold appeared to be met.

One Board member dissented, stating she would have ordered the ballot box sealed pending a determination of the actual number of employees.

Local Union 636 of the International Brotherhood of Electrical Workers v. The Town of Clinton, 2000 CanLII 10727

R. R. Montague

J. A. Rundle

Brian McLean

Representation vote directed in application for termination of bargaining rights.

The applicant employees applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the bargaining rights of the responding party union.

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

The Board directed that a representation vote be taken.

Employees of Ventures Group Home v. Ontario Public Service Employees Union, 2000 CanLII 9383

R. R. Montague

J. A. Rundle

Brian McLean

Board directs representation vote in union certification application with segregated ballots for disputed positions.

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 forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken, with segregated ballots for disputed positions including program administrators, students, administrative assistants, and office administrators.

Ontario Public Service Employees Union v. Sundowners Day Care and Resource Centre Division I, 2000 CanLII 8267

Brian McLean

Board directs exchange of pleadings and denies request for non-existent Labour Relations Officer report.

The Board issued procedural directions in two combined applications.

The Board directed all parties to deliver copies of their pleadings to the other parties and extended the deadline for submissions on a motion to dismiss without a hearing.

The applicant's request for a Labour Relations Officer's report and flight information was denied as no such report exists and the flight information was irrelevant.

Crockford v. Warehousemen, Transportation and General Workers Union, Local 715, 2000 CanLII 12169

R. R. Montague

J. A. Ronson

Brian McLean

Application withdrawn with leave of the Board at the request of the applicants.

The applicants requested to withdraw their application before the Ontario Labour Relations Board.

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

Deanna Gostick and Paul Dehler v. Independent Canadian Transit Union, 2000 CanLII 6363

J. A. Rundle

D. A. Patterson

Brian McLean

Representation vote directed in union certification application with segregated ballots for disputed positions.

The applicant trade union applied for certification to represent employees of Massey Wholesale Inc. in Northeastern Ontario.

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

The Board directed a representation vote to be held on February 28, 2000.

Due to a dispute over the inclusion of employees in Timmins, Sault Ste.

Marie, and Sturgeon Falls, the Board ordered that ballots cast by individuals in those disputed positions be segregated and not counted until further order or agreement.

Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union v. Massey Wholesale Inc., 2000 CanLII 2786

R. R. Montague

J. A. Rundle

Brian McLean

OLRBOntario Labour Relations BoardFeb 22, 2000

Representation vote directed in application for union certification.

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

The Board found the applicant to be a trade union under the Labour Relations Act, 1995, 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 union members, the Board directed that a representation vote be held.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. GH International Packaging Ltd., 2000 CanLII 7139

Brian McLean

Employer's appeal of Employment Standards Officer's Order dismissed due to failure to appear.

The employer appealed an Order of an Employment Standards Officer.

The Board had previously directed the release of monies held in trust to the employee because the employer's grounds for appeal could not possibly succeed, but a hearing was still required.

The employer failed to appear at the scheduled hearing, and the Board dismissed the appeal.

Northern Air Systems Operated by 939646 Ontario Inc. v. Sandra I. MacLean, 2000 CanLII 12698

Brian McLean

Application withdrawn with leave; trust monies ordered disbursed to the responding party.

The applicant requested to withdraw its application regarding an Order to Pay.

The Ontario Labour Relations Board granted leave to withdraw the application and ordered the Director to disburse the monies held in trust to the responding party, with the administration fee retained by the Consolidated Revenue Fund.

B.G. Arnold Services Ltd. v. Wendell Hunte, 2000 CanLII 12402

J. A. Ronson

D. A. Patterson

Brian McLean

Board declares union no longer represents employees following a successful decertification vote.

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 statements of desire to make representations filed, the Board declared that the responding party no longer represents the employees of the intervenor employer.

Bill Doekes v. United Steelworkers of America, 2000 CanLII 11101

Brian McLean

Leave to withdraw application granted following a Memorandum of Agreement between the parties.

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

Having regard to the Memorandum of Agreement reached between the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

Margaret Martin v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 444, 2000 CanLII 7292

Brian McLean

OLRBOntario Labour Relations BoardFeb 17, 2000

Applications withdrawn with leave of the Board at the request of the applicants.

The applicants requested to withdraw their applications against the Canadian Union of Public Employees (CUPE Local 468).

The Ontario Labour Relations Board granted the request and the applications were withdrawn with leave of the Board.

Serra v. Canadian Union of Public Employees (CUPE Local 468), 2000 CanLII 10127

Brian McLean

OLRBOntario Labour Relations BoardFeb 8, 2000

Hearings adjourned and rescheduled on consent of the parties.

The applicant requested an adjournment of the scheduled hearings.

Having regard to the agreement reached between the parties, the Board adjourned the hearings scheduled for February 8 and April 4, 2000, and rescheduled the matter for June 23 and 26, 2000.

Standard Products (Canada) Limited v. CAW-Canada, 2000 CanLII 13481

Brian McLean

OLRBOntario Labour Relations BoardFeb 7, 2000

Board consolidates two duty of fair representation applications and sets timeline for submissions on prima facie dismissal.

Two applications were filed under section 96 of the Labour Relations Act alleging violations of the union's duty of fair representation under section 74, both relating to the employer's warehouse operations in Sudbury.

The Ontario Labour Relations Board consolidated the applications to avoid potentially inconsistent results.

The Board also set a timeline for the applicants to file a reply to the responding parties' request that the applications be dismissed without a hearing for failing to disclose a prima facie breach of the Act.

Crockford v. Warehousemen, Transportation and General Workers Union, Local 715, 2000 CanLII 12168

Brian McLean

OLRBOntario Labour Relations BoardFeb 1, 2000

Application withdrawn with leave of the Board.

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

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

Kafko Manufacturing Limited v. United Steelworkers of America, 2000 CanLII 4565

Karima Chatur

53 cases1999–2001

Brian McLean

Employer's appeal of an Order to Pay dismissed after failing to attend the scheduled hearing.

The applicant employer appealed an Order to Pay issued by an Employment Standards Officer.

The Ontario Labour Relations Board scheduled a hearing and notified the parties.

When the hearing commenced, the applicant failed to appear.

After waiting one hour, the Board dismissed the appeal and ordered the wages held in trust to be paid to the responding party employee.

Brian McArthur o/a Changes Unisex Hair Salon v. Maryellen Gilmour, 2000 CanLII 13417

Malcolm MacKillop

11 cases1993–2020

Kelvin Kucey

25 cases1993–2026

Brian McLean

Application for certification withdrawn on consent with a one-year bar and $40,000 costs payable to the union.

The union filed an application for certification.

The parties subsequently entered into Minutes of Settlement to resolve a status dispute regarding a number of employees.

Pursuant to the settlement, the Board granted the union leave to withdraw the application, imposed a one-year certification bar against the union, and ordered the employer to pay $40,000 to the union for costs incurred in advancing the application.

United Food and Commercial Workers International Union, Local 175 v. Delmoro Funeral Home Ltd., 2000 CanLII 13341

Brian McLean

The Board ordered the disbursement of funds held in trust pursuant to the parties' settlement.

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

The parties entered into Minutes of Settlement.

The Board ordered the Director in trust to disburse the funds held in trust according to the settlement, with $3,264.00 paid to the employee, $1,203.84 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

1186738 Ontario Inc. cob as Coffee Time Donuts v. Anna Raczynski, 2000 CanLII 7897

R. R. Montague

J. A. Rundle

Brian McLean

OLRBOntario Labour Relations BoardJan 26, 2000

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification as the bargaining agent for 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 and defined the appropriate bargaining unit.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. U.S. Filter – EOS o/a USF Canada Inc., 2000 CanLII 6603

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

J. A. Ronson

OLRBUnanimous0 cases1987–2001

H. Peacock

Brian McLean

OLRBOntario Labour Relations BoardFeb 25, 2000

Application dismissed as majority of ballots cast in representation vote did not oppose the union.

The applicant filed an application that proceeded to a representation vote.

Following the vote, no statement of desire to make representations was filed.

Because not more than fifty per cent of the ballots cast by employees in the bargaining unit were in opposition to the responding party union, the Board dismissed the application.

A. Chris Edwards v. The National Union of Automobile, Aerospace, Transportation and General Workers of Canada: Local 1530 Belleville. Ontario, 2000 CanLII 1675

R. R. Montague

OLRBMajority0 cases1986–2001

J. A. Rundle

OLRBDissenting0 cases1986–2001

Brian McLean

OLRBMajority (Wrote the majority reasons)0 cases1998–2026

Representation vote ordered in union certification application; majority declines to seal ballot box.

The applicant trade union applied for certification to represent a bargaining unit of employees of the responding party municipality.

The Board found that the applicant appeared to have the requisite forty percent membership support in the proposed unit and ordered a representation vote.

One Board member dissented, stating she would have ordered the ballot box sealed pending a determination of the actual number of employees.

Local Union 636 of the International Brotherhood of Electrical Workers v. The Town of Clinton, 2000 CanLII 10727

R. R. Montague

J. A. Rundle

Brian McLean

Representation vote directed in application for termination of bargaining rights.

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

The Board directed that a representation vote be taken.

Employees of Ventures Group Home v. Ontario Public Service Employees Union, 2000 CanLII 9383

R. R. Montague

J. A. Rundle

Brian McLean

Board directs representation vote in union certification application with segregated ballots for disputed positions.

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 forty percent of the individuals in the proposed bargaining unit were members of the union.

Ontario Public Service Employees Union v. Sundowners Day Care and Resource Centre Division I, 2000 CanLII 8267

Brian McLean

Board directs exchange of pleadings and denies request for non-existent Labour Relations Officer report.

The Board issued procedural directions in two combined applications.

The Board directed all parties to deliver copies of their pleadings to the other parties and extended the deadline for submissions on a motion to dismiss without a hearing.

The applicant's request for a Labour Relations Officer's report and flight information was denied as no such report exists and the flight information was irrelevant.

Crockford v. Warehousemen, Transportation and General Workers Union, Local 715, 2000 CanLII 12169

R. R. Montague

J. A. Ronson

Brian McLean

Application withdrawn with leave of the Board at the request of the applicants.

The applicants requested to withdraw their application before the Ontario Labour Relations Board.

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

Deanna Gostick and Paul Dehler v. Independent Canadian Transit Union, 2000 CanLII 6363

J. A. Rundle

D. A. Patterson

Brian McLean

Representation vote directed in union certification application with segregated ballots for disputed positions.

The applicant trade union applied for certification to represent employees of Massey Wholesale Inc. in Northeastern Ontario.

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

The Board directed a representation vote to be held on February 28, 2000.

Due to a dispute over the inclusion of employees in Timmins, Sault Ste.

Marie, and Sturgeon Falls, the Board ordered that ballots cast by individuals in those disputed positions be segregated and not counted until further order or agreement.

Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union v. Massey Wholesale Inc., 2000 CanLII 2786

R. R. Montague

J. A. Rundle

Brian McLean

OLRBOntario Labour Relations BoardFeb 22, 2000

Representation vote directed in application for union certification.

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

The Board found the applicant to be a trade union under the Labour Relations Act, 1995, 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 union members, the Board directed that a representation vote be held.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. GH International Packaging Ltd., 2000 CanLII 7139

Brian McLean

Employer's appeal of Employment Standards Officer's Order dismissed due to failure to appear.

The employer appealed an Order of an Employment Standards Officer.

The Board had previously directed the release of monies held in trust to the employee because the employer's grounds for appeal could not possibly succeed, but a hearing was still required.

The employer failed to appear at the scheduled hearing, and the Board dismissed the appeal.

Northern Air Systems Operated by 939646 Ontario Inc. v. Sandra I. MacLean, 2000 CanLII 12698

Brian McLean

Application withdrawn with leave; trust monies ordered disbursed to the responding party.

The applicant requested to withdraw its application regarding an Order to Pay.

B.G. Arnold Services Ltd. v. Wendell Hunte, 2000 CanLII 12402

J. A. Ronson

D. A. Patterson

Brian McLean

Board declares union no longer represents employees following a successful decertification vote.

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

Bill Doekes v. United Steelworkers of America, 2000 CanLII 11101

Brian McLean

Leave to withdraw application granted following a Memorandum of Agreement between the parties.

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

Having regard to the Memorandum of Agreement reached between the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

Margaret Martin v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 444, 2000 CanLII 7292

Brian McLean

OLRBOntario Labour Relations BoardFeb 17, 2000

Applications withdrawn with leave of the Board at the request of the applicants.

The applicants requested to withdraw their applications against the Canadian Union of Public Employees (CUPE Local 468).

The Ontario Labour Relations Board granted the request and the applications were withdrawn with leave of the Board.

Serra v. Canadian Union of Public Employees (CUPE Local 468), 2000 CanLII 10127

Brian McLean

OLRBOntario Labour Relations BoardFeb 8, 2000

Hearings adjourned and rescheduled on consent of the parties.

The applicant requested an adjournment of the scheduled hearings.

Having regard to the agreement reached between the parties, the Board adjourned the hearings scheduled for February 8 and April 4, 2000, and rescheduled the matter for June 23 and 26, 2000.

Standard Products (Canada) Limited v. CAW-Canada, 2000 CanLII 13481

Brian McLean

OLRBOntario Labour Relations BoardFeb 7, 2000

Board consolidates two duty of fair representation applications and sets timeline for submissions on prima facie dismissal.

The Ontario Labour Relations Board consolidated the applications to avoid potentially inconsistent results.

Crockford v. Warehousemen, Transportation and General Workers Union, Local 715, 2000 CanLII 12168

Brian McLean

OLRBOntario Labour Relations BoardFeb 1, 2000

Application withdrawn with leave of the Board.

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

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

Kafko Manufacturing Limited v. United Steelworkers of America, 2000 CanLII 4565

Karima Chatur

53 cases1999–2001

Brian McLean

Employer's appeal of an Order to Pay dismissed after failing to attend the scheduled hearing.

The applicant employer appealed an Order to Pay issued by an Employment Standards Officer.

The Ontario Labour Relations Board scheduled a hearing and notified the parties.

When the hearing commenced, the applicant failed to appear.

After waiting one hour, the Board dismissed the appeal and ordered the wages held in trust to be paid to the responding party employee.

Brian McArthur o/a Changes Unisex Hair Salon v. Maryellen Gilmour, 2000 CanLII 13417

Malcolm MacKillop

11 cases1993–2020

Kelvin Kucey

25 cases1993–2026

Brian McLean

Application for certification withdrawn on consent with a one-year bar and $40,000 costs payable to the union.

The union filed an application for certification.

The parties subsequently entered into Minutes of Settlement to resolve a status dispute regarding a number of employees.

United Food and Commercial Workers International Union, Local 175 v. Delmoro Funeral Home Ltd., 2000 CanLII 13341

Brian McLean

The Board ordered the disbursement of funds held in trust pursuant to the parties' settlement.

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

The parties entered into Minutes of Settlement.

1186738 Ontario Inc. cob as Coffee Time Donuts v. Anna Raczynski, 2000 CanLII 7897

R. R. Montague

J. A. Rundle

Brian McLean