Brian McLean

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application.

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

Jack Guitard v. United Steelworkers of America, Local 2251, 2001 CanLII 4529

Brian McLean

Application adjourned sine die on consent of the parties.

The applicant filed an application against the responding union.

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

Lisa Clarke v. CAW-Canada, Local 1524, 2001 CanLII 3944

Union certification granted following a successful representation vote.

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

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

Industrial, Wood and Allied Workers of Canada (I.W.A. Canada) v. Croatian (Toronto) Credit Union Limited, 2001 CanLII 17818

J. A. Ronson

H. Peacock

Brian McLean

Union certification granted following a successful representation vote.

The applicant union applied for certification.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statement of desire to make representations filed, the Board ordered that a certificate issue to the applicant for the agreed-upon bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Central Care Corporation operating as Forest Heights Long Term Care Centre, 2001 CanLII 6715

Brian McLean

Application for termination of bargaining rights terminated due to applicant's failure to respond to Board directions.

The applicant filed an application for the termination of bargaining rights.

The Board previously directed the applicant to advise the Board of its intentions regarding the application by a specified date, failing which the application would be terminated.

The applicant did not respond by the deadline.

Consequently, the Board terminated the application.

GD Control Inc. v. International Brotherhood of Electrical Workers, Construction Council of Ontario, 2001 CanLII 18742

J. A. Ronson

H. Peacock

Brian McLean

Extension of time to file response granted.

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

The Ontario Labour Relations Board granted the request, extending the deadline to October 22, 2001.

Costantina Dina Flocco v. Bayshore Hairstylists Ltd., 2001 CanLII 18366

J. A. Ronson

H. Peacock

Brian McLean

Union decertified after majority of employees vote in opposition during representation vote.

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

Following a representation vote where more than fifty percent of the ballots cast by employees were in opposition to the union, the Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer.

The Board cancelled previously set meeting and hearing dates and directed the destruction of ballots after 30 days.

Eric Van Schelven, Carlo Orrico v. Teamsters Local Union No. 419, 2001 CanLII 16387

J. A. Ronson

H. Peacock

Brian McLean

Board directs representation vote in certification application after finding union met forty percent membership threshold.

The applicant union filed an application for certification.

The Board found the applicant to be a trade union within the meaning of the Labour Relations Act, 1995, based on a previous finding.

Having determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union, the Board directed that a representation vote be taken.

The Board also ordered that ballots cast by individuals in disputed sales positions be segregated.

Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 v. Bears Performance Inc., 2001 CanLII 14371

J. A. Ronson

H. Peacock

Brian McLean

Representation vote directed for proposed bargaining unit of Aramark Canada Ltd. employees.

The applicant trade union applied for certification to represent employees of Aramark Canada Ltd. at Central Park Lodges in Ontario.

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

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

U.F.C.W. Local 333 v. Aramark Canada Ltd., 2001 CanLII 12493

J. A. Ronson

H. Peacock

Brian McLean

Board directs representation vote in certification application after employer fails to file response.

The applicant trade union filed an application for certification.

The responding party failed to file a response within the stipulated time.

The Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

The Board directed that a representation vote be taken of the individuals in the voting constituency.

United Food & Commercial Workers, Local 206 v. Garda du Canada, 2001 CanLII 11795

J. A. Ronson

H. Peacock

Brian McLean

Union certification application dismissed after failing to secure more than 50% of representation vote.

The Ontario Public Service Employees Union applied for certification.

A representation vote was held, but not more than 50% of the ballots cast by employees in the bargaining unit were in favour of the applicant.

As a result, the Ontario Labour Relations Board dismissed the application and noted the potential application of the one-year bar under section 10(3) of the Act for any subsequent certification applications.

Ontario Public Service Employees Union v. York Detention Centre Ltd., 2001 CanLII 9329

Brian McLean

Application against union withdrawn with leave of the Board.

The applicant, Worke Gebre, sought to withdraw their application against the United Food and Commercial Workers International Union, Local 206.

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

Worke Gebre v. United Food and Commercial Workers International Union, Local 206, 2001 CanLII 7857

Brian McLean

Application withdrawn with leave of the Board.

The applicants sought to withdraw their application against the United Foods and Commercial Workers Union, Local 459.

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

John Blokker, Richard Gresser et al v. United Foods and Commercial Workers Union, Local 459, 2001 CanLII 2702

Brian McLean

OLRBOntario Labour Relations BoardOct 12, 2001

Applications withdrawn at the request of the applicant.

The applicants requested to withdraw multiple applications against Petro-Canada, Lakeline Transportation Services, and Steve May.

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

Communications, Energy and Paperworkers Union, Local 593 v. Petro-Canada, 2001 CanLII 19118

Brian McLean

OLRBOntario Labour Relations BoardOct 1, 2001

Union's request to dismiss duty of fair representation application without a hearing denied.

The applicant filed an application alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995.

The union requested the application be dismissed without a hearing for failing to disclose a prima facie case.

The Board declined to dismiss the application, finding that the specific allegations of the union's failure to communicate could potentially disclose a prima facie breach.

The matter was referred to a consultation and a Labour Relations Officer was appointed.

Trudy Edwards v. Service Employees International Union, Local 204, 2001 CanLII 19694

Karima Chatur

53 cases1999–2001

Brian McLean

OLRBOntario Labour Relations BoardSep 28, 2001

Employer's application for review of Order to Pay dismissed due to failure to attend hearing.

The applicant employer failed to attend the scheduled hearing for its review of an Order to Pay issued by an Employment Standards Officer.

After standing down the hearing for 30 minutes, the Ontario Labour Relations Board dismissed the application and directed that the monies held in trust be paid to the responding party employee.

Personnelle Limousine Ltd. v. John Zuwala and Ministry of Labour, 2001 CanLII 6523

Brian McLean

Applicant directed to respond to union's request to dismiss duty of fair representation complaint.

The applicant filed an application alleging that the responding party union violated section 74 of the Labour Relations Act, 1995.

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

The Board directed the applicant to file submissions responding to the union's position and identifying which statements in the union's response she agrees or disagrees with.

Cynthia Ababio v. Canadian Union of Public Employees, 2001 CanLII 6705

Brian McLean

Applicant directed to deliver filed submissions to employer's counsel.

The Ontario Labour Relations Board directed the applicant to deliver a copy of the submissions he filed with the Board to counsel for the intervenor employer.

Charles Milson v. Retail Wholesale Canada-CAW, 2001 CanLII 18018

R. R. Montague

J. A. Ronson

Brian McLean

OLRBOntario Labour Relations BoardSep 10, 2001

Applications withdrawn with leave of the Board.

The applicant sought to withdraw two applications against the Toronto Transit Commission.

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

Frank DeFazio v. Toronto Transit Commission, 2001 CanLII 14807

R. R. Montague

J. A. Rundle

Brian McLean

OLRBOntario Labour Relations BoardSep 5, 2001

Employer's request to adjourn hearing on unfair labour practice applications denied to resolve bargaining impediments.

The employer requested an adjournment of a scheduled hearing regarding cross-applications under section 96 of the Labour Relations Act, 1995, to permit it to prepare for upcoming bargaining dates.

The union opposed the request.

The Ontario Labour Relations Board denied the adjournment, noting that the applications concerned the composition of the union's bargaining committee, which appeared to be an impediment to bargaining, and that resolving these issues prior to bargaining made sense.

Apollo Health & Beauty Care v. United Food & Commercial Workers International Union, Local 175, 2001 CanLII 11917

appearing on her own behalf

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

appearing on his own behalf

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

appearing on their own behalf

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

as the responding party

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

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

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

for B. McDowell Equipment Limited

Kevin McDowellAgent
1 appearance

for Bracebridge Hydro-Electric Commission

Richard J. CharneyCounsel
1 appearance

for Brian MacDonald

David RagniCounsel
1 appearance

for Canadian Tire

Brenda Philip (Niven)Agent
1 appearance

for CAW-Canada

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

for Charlene Fuller

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

for CLN Industries Ltd.

J. NuscaCounsel
1 appearance

for Cody et al

Christopher BrydenCounsel
1 appearance

for Coldmatic Refrigeration of Canada Ltd.

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

for District 2A

Peter ShklankaCounsel
1 appearance
Mike McCrearyCounsel
1 appearance

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

Mike McCrearyCounsel
1 appearance
Dennis GelderCounsel
1 appearance

for Falconbridge Ltd.

Brian AbramsCounsel
1 appearance
Doug HamiltonCounsel
1 appearance

for himself

Mark CarrSelf-represented
1 appearance

for intervenor #1

Robert VerbuckAgent
1 appearance
Randy GirouxAgent
1 appearance

for intervenor #2

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

for Ontario Hydro

Michael McFaddenCounsel
1 appearance

for Ranu Express

Ranjit Singh KharodSelf-represented
1 appearance

for Sobeys

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

for Sobeys Inc.

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

for Sudbury Roundtable/EcoAction Sudbury

Franco MariottiAgent
1 appearance

for Teamsters Local Union No. 141

Marisa PolockCounsel
1 appearance
Wayne GibsonCounsel
1 appearance

for the applicant

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

for the Applicant

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

for the applicants

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

for the Association

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

for the Brotherhood of Maintenance of Way Employees

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

for the CEP, Local 306-0

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

for the employer

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

for the Employer

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

For the Employer

Malcolm MacKillopCounsel
1 appearance

for the Employer K.W. Electric

Klaus WillroiderSelf-represented
1 appearance

for the intervenor

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

for the Ministry of Labour

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

for the Ministry of the Labour

Robert SindingAgent
1 appearance

for the responding party

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

for the Responding Party

Linda MorganAgent
1 appearance

for the Union

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

For the Union

Kelvin KuceyCounsel
1 appearance

for the USWA, Local 5383

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

for UFCW Canada

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

for United Food and Commercial Workers International Union

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

for Urszula Marynowicz

Tadeusz OlechAgent
1 appearance
Urszula MarynowiczSelf-represented
1 appearance

on behalf of Fleet Industries

Anthony ClaroniAgent
1 appearance

on behalf of the applicant

Paula WeaverSelf-represented
1 appearance
John WeaverAgent
1 appearance

on behalf of the responding party

Paul L. MullinsCounsel
1 appearance

on behalf of the union

Stephen KrashsinskUnion representative
1 appearance
Julius AntelUnion representative
1 appearance

on her own behalf

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

on his own behalf

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

560

Decisions

Years active

Tribunals

1.7

cases/mo

OLRB507(91%)

OGSB52(9%)

OPEHT1(0%)

Decision types

motion

416

trial

appeal

/Adjudicator

Brian McLean — Alternate Chair

Employment and Labour Law

Workers' Compensation

Brian McLean

Alternate Chair·Ontario Pay Equity Hearings Tribunal·Since 1998

OPEHT OLRB OGSB

560

cases · 29 yrs · OLRB, OGSB, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

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

Brian McLean

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application.

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

Jack Guitard v. United Steelworkers of America, Local 2251, 2001 CanLII 4529

Brian McLean

Application adjourned sine die on consent of the parties.

The applicant filed an application against the responding union.

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

Lisa Clarke v. CAW-Canada, Local 1524, 2001 CanLII 3944

J. A. Ronson

H. Peacock

Brian McLean

Union certification granted following a successful representation vote.

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

Industrial, Wood and Allied Workers of Canada (I.W.A. Canada) v. Croatian (Toronto) Credit Union Limited, 2001 CanLII 17818

J. A. Ronson

H. Peacock

Brian McLean

Union certification granted following a successful representation vote.

The applicant union applied for certification.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Central Care Corporation operating as Forest Heights Long Term Care Centre, 2001 CanLII 6715

Brian McLean

Application for termination of bargaining rights terminated due to applicant's failure to respond to Board directions.

The applicant filed an application for the termination of bargaining rights.

The Board previously directed the applicant to advise the Board of its intentions regarding the application by a specified date, failing which the application would be terminated.

The applicant did not respond by the deadline.

Consequently, the Board terminated the application.

GD Control Inc. v. International Brotherhood of Electrical Workers, Construction Council of Ontario, 2001 CanLII 18742

J. A. Ronson

H. Peacock

Brian McLean

Extension of time to file response granted.

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

The Ontario Labour Relations Board granted the request, extending the deadline to October 22, 2001.

Costantina Dina Flocco v. Bayshore Hairstylists Ltd., 2001 CanLII 18366

J. A. Ronson

H. Peacock

Brian McLean

Union decertified after majority of employees vote in opposition during representation vote.

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

The Board cancelled previously set meeting and hearing dates and directed the destruction of ballots after 30 days.

Eric Van Schelven, Carlo Orrico v. Teamsters Local Union No. 419, 2001 CanLII 16387

J. A. Ronson

H. Peacock

Brian McLean

Board directs representation vote in certification application after finding union met forty percent membership threshold.

The applicant union filed an application for certification.

The Board found the applicant to be a trade union within the meaning of the Labour Relations Act, 1995, based on a previous finding.

Having determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union, the Board directed that a representation vote be taken.

The Board also ordered that ballots cast by individuals in disputed sales positions be segregated.

Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 v. Bears Performance Inc., 2001 CanLII 14371

J. A. Ronson

H. Peacock

Brian McLean

Representation vote directed for proposed bargaining unit of Aramark Canada Ltd. employees.

The applicant trade union applied for certification to represent employees of Aramark Canada Ltd. at Central Park Lodges in Ontario.

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

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

U.F.C.W. Local 333 v. Aramark Canada Ltd., 2001 CanLII 12493

J. A. Ronson

H. Peacock

Brian McLean

Board directs representation vote in certification application after employer fails to file response.

The applicant trade union filed an application for certification.

The responding party failed to file a response within the stipulated time.

The Board directed that a representation vote be taken of the individuals in the voting constituency.

United Food & Commercial Workers, Local 206 v. Garda du Canada, 2001 CanLII 11795

J. A. Ronson

H. Peacock

Brian McLean

Union certification application dismissed after failing to secure more than 50% of representation vote.

The Ontario Public Service Employees Union applied for certification.

A representation vote was held, but not more than 50% of the ballots cast by employees in the bargaining unit were in favour of the applicant.

Ontario Public Service Employees Union v. York Detention Centre Ltd., 2001 CanLII 9329

Brian McLean

Application against union withdrawn with leave of the Board.

The applicant, Worke Gebre, sought to withdraw their application against the United Food and Commercial Workers International Union, Local 206.

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

Worke Gebre v. United Food and Commercial Workers International Union, Local 206, 2001 CanLII 7857

Brian McLean

Application withdrawn with leave of the Board.

The applicants sought to withdraw their application against the United Foods and Commercial Workers Union, Local 459.

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

John Blokker, Richard Gresser et al v. United Foods and Commercial Workers Union, Local 459, 2001 CanLII 2702

Brian McLean

OLRBOntario Labour Relations BoardOct 12, 2001

Applications withdrawn at the request of the applicant.

The applicants requested to withdraw multiple applications against Petro-Canada, Lakeline Transportation Services, and Steve May.

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

Communications, Energy and Paperworkers Union, Local 593 v. Petro-Canada, 2001 CanLII 19118

Brian McLean

OLRBOntario Labour Relations BoardOct 1, 2001

Union's request to dismiss duty of fair representation application without a hearing denied.

The applicant filed an application alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995.

The union requested the application be dismissed without a hearing for failing to disclose a prima facie case.

The Board declined to dismiss the application, finding that the specific allegations of the union's failure to communicate could potentially disclose a prima facie breach.

The matter was referred to a consultation and a Labour Relations Officer was appointed.

Trudy Edwards v. Service Employees International Union, Local 204, 2001 CanLII 19694

Karima Chatur

53 cases1999–2001

Brian McLean

OLRBOntario Labour Relations BoardSep 28, 2001

Employer's application for review of Order to Pay dismissed due to failure to attend hearing.

The applicant employer failed to attend the scheduled hearing for its review of an Order to Pay issued by an Employment Standards Officer.

After standing down the hearing for 30 minutes, the Ontario Labour Relations Board dismissed the application and directed that the monies held in trust be paid to the responding party employee.

Personnelle Limousine Ltd. v. John Zuwala and Ministry of Labour, 2001 CanLII 6523

Brian McLean

Applicant directed to respond to union's request to dismiss duty of fair representation complaint.

The applicant filed an application alleging that the responding party union violated section 74 of the Labour Relations Act, 1995.

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

The Board directed the applicant to file submissions responding to the union's position and identifying which statements in the union's response she agrees or disagrees with.

Cynthia Ababio v. Canadian Union of Public Employees, 2001 CanLII 6705

Brian McLean

Applicant directed to deliver filed submissions to employer's counsel.

The Ontario Labour Relations Board directed the applicant to deliver a copy of the submissions he filed with the Board to counsel for the intervenor employer.

Charles Milson v. Retail Wholesale Canada-CAW, 2001 CanLII 18018

R. R. Montague

J. A. Ronson

Brian McLean

OLRBOntario Labour Relations BoardSep 10, 2001

Applications withdrawn with leave of the Board.

The applicant sought to withdraw two applications against the Toronto Transit Commission.

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

Frank DeFazio v. Toronto Transit Commission, 2001 CanLII 14807

R. R. Montague

J. A. Rundle

Brian McLean