C. A. Ballentine

OLRBOntario Labour Relations BoardJul 30, 1981

Summer student hired before but starting work after certification application date excluded from employee count.

The applicant union applied for certification.

The parties disputed whether a summer student, Joanne Johnston, should be included in the employee count on the date of the application.

The student was hired before the application date but did not commence work or attend orientation until after the application date.

Applying its established 'one month rule', the Board held that because she was not at work on the date of the application and had not been at work at any time during the one month period immediately preceding the application, she was not an employee for the purposes of the count.

The Board certified the applicant pending final resolution of the remaining disputed employees.

Health, Office and Professional Employees, Local 1976 v. Brewers Nursing Home, 1981 CanLII 830

Douglas J. Wray

69 cases1980–2001

E. Norris Davis

OLRB0 cases1980–1985

C. G. Bourne

C. A. Ballentine

OLRBOntario Labour Relations BoardJul 30, 1981

Employer violated collective agreement by sub-contracting to non-union workers; compensatory damages awarded to union.

The applicant union filed a grievance alleging the respondent employer violated the collective agreement by sub-contracting carpentry work to a non-union employer.

The respondent argued the workers were hired by the hour and some were union members.

The Board found the arrangement was a sub-contract in violation of the agreement and that the employer failed to use the union hiring hall.

The Board awarded compensatory damages to the union for the lost job opportunities, equivalent to the wages and trust fund contributions that would have been paid to union members.

United Brotherhood of Carpenters and Joiners of America, Local Union 446 v. Eton Construction Limited, 1981 CanLII 876

M. A. Church

9 cases1981–1990

A. Craig

4 cases1980–1997

R. O. MacDowell

OLRB0 cases1980–2001

H.J.F. Ade

C. A. Ballentine

OLRBOntario Labour Relations BoardJul 29, 1981

Related employer declaration denied where union sought to use it as a substitute for certification.

The applicant union sought a declaration under section 1(4) of the Labour Relations Act that two companies, Bramalea and Pinehurst, were one employer.

The companies were under common control and direction, with Bramalea operating as a unionized installation subcontractor and Pinehurst operating as a non-union woodworking shop and installation business.

The Board found that the statutory preconditions for a declaration were met.

However, the Board declined to exercise its discretion to make the declaration, finding that the union was attempting to use section 1(4) as a substitute for certification to sweep a large group of non-union employees into the bargaining unit without demonstrating their support.

The application was dismissed.

Carpenters' District Council of Toronto and Vicinity v. Bramalea Carpentry Associates, 1981 CanLII 828

W. G. Phelps

8 cases1980–1994

T Bradley

Douglas J. Wray

69 cases1980–2001

N. B. Satterfield

H.J.F. Ade

C. A. Ballentine

OLRBOntario Labour Relations BoardJul 27, 1981

Armoured car employees found not to be guards under section 11; certification granted.

The union applied for certification to represent a unit of vaultmen, messengers, drivers, and guards employed by an armoured car company.

The employer argued that the employees were guards within the meaning of section 11 of the Labour Relations Act, and that the union was ineligible to represent them because it admitted non-guards to membership.

The Board applied the conflict of interest test and found that the employees' duties did not raise a real possibility of a conflict of interest with other employees.

The Board concluded that the employees were not guards within the meaning of section 11 and granted the application for certification.

Teamsters Local Union No. 419 v. Wells Fargo Armcar, Inc., 1981 CanLII 1028

M. Zigler

17 cases1980–2013

M. K. Weller

F. Lavalle

D. F. Hersey

A. Minsky

7 cases1981–2001

Pamela C. Picher

H.J.F. Ade

C. A. Ballentine

OLRBOntario Labour Relations BoardJul 24, 1981

Employers must supply screws and nails where the collective agreement is silent, despite past practice.

The union filed grievances alleging the employers violated the collective agreement by failing to provide or pay for screws and nails used by drywall applicators.

The employers complained the union bargained in bad faith by remaining silent on the issue during negotiations to alter past practice.

The Board held that the union's silence did not constitute bad faith bargaining, as the employers should have known the terms of the preceding agreement.

Interpreting the new collective agreement, which was silent on the issue unlike its predecessor, the Board found the employers were obligated to supply the materials and could not deduct their cost from piecework rates.

Drywall, Acoustic, Lathing and Insulation Local 675 v. Interior Systems Contractors' Association of Ontario, 1981 CanLII 911

W. J. McNaughton

30 cases1980–2000

S. Wahl

9 cases1980–2000

L. Arnold

6 cases1981–2000

J. A. Ronson

OLRB0 cases1980–2001

D. E. Franks

OLRB0 cases1980–1987

C. A. Ballentine

OLRBOntario Labour Relations BoardJul 20, 1981

Application for termination of bargaining rights dismissed for lack of status due to clear sector restrictions.

The applicant union applied to terminate the bargaining rights of the respondent union under section 52 of the Labour Relations Act.

The respondent raised a preliminary objection that the applicant lacked status because it did not represent the employees in the bargaining unit.

The applicant relied on two recognition documents, arguing there was a latent ambiguity that would allow extrinsic evidence to show the agreements covered the work in question (refurbishing concrete columns on the Gardner Expressway).

The Board found no latent ambiguity, as the documents clearly restricted recognition to the industrial, commercial, and institutional sector, whereas the work in question fell outside that sector.

Consequently, the applicant did not represent the affected employees and lacked status to bring the application.

The application was dismissed.

Operative Plasterers' and Cement Masons' International Association, Local 598 v. Labourers' International Union of North America, Local 183, 1981 CanLII 1012

T. Spada

3 cases1981–1982

L. Richmond

9 cases1980–2001

J. Phillips

5 cases1981–2017

Gabriella C. Favero

D. Jane Forbes-Roberts

14 cases1981–1986

R. D. Howe

OLRB0 cases1980–1993

J. Wilson

OLRB0 cases1981–1987

C. A. Ballentine

OLRBOntario Labour Relations BoardJul 2, 1981

Board accepts agreed-upon site-specific cleaning staff bargaining unit in property management industry, avoiding fragmentation concerns.

The applicant trade union applied for certification for a bargaining unit consisting of cleaning staff at a single apartment building managed by the respondent.

The parties agreed on the bargaining unit description.

The Board held a hearing to address concerns about undue fragmentation of the workforce.

Given the history of viable collective bargaining relationships in the property management industry based on similar site-specific cleaning units, and relying on a previous decision involving the same parties at a nearby building, the Board accepted the agreed-upon bargaining unit as appropriate and granted the certificate.

Labourers' International Union of North America, Local 183 v. Kaneff Properties Limited, 1981 CanLII 925

R. A. Werry

38 cases1980–1994

Douglas J. Wray

69 cases1980–2001

M. G. Mitchnick

H.J.F. Ade

C. A. Ballentine

OLRBOntario Labour Relations BoardJun 23, 1981

Union certification granted after Board accepts employee's voluntary revocation of signature on anti-union petition.

The applicant union applied for certification.

A petition in opposition was filed, signed by two employees who had previously signed union cards.

One of these employees subsequently filed a statement revoking his signature on the petition and reaffirming his desire to be represented by the union.

The Board inquired into the voluntariness of the revocation statement.

Despite the statement being a standard form, the Board found no basis to refuse it at face value, as the employee had the opportunity to read and agree with it.

The Board discounted the employee's signature on the petition, leaving the union with unequivocal membership support of over 55%.

A certificate was issued to the applicant.

United Food and Commercial Workers International Union, Local 175 v. Thorold IGA Market, 1981 CanLII 999

R. M. McLean

J James Nyman

38 cases1981–2016

D. A. Peroff

R. D. Howe

OLRB0 cases1980–1993

E. C. Went

C. A. Ballentine

OLRBOntario Labour Relations BoardJun 22, 1981

Three construction companies declared a single employer under section 1(4) of the Labour Relations Act.

The applicant union sought a declaration under section 1(4) of the Labour Relations Act that three construction companies were carrying on associated or related activities under common control or direction and should be treated as one employer.

The Board found that the companies shared premises, expenses, and administrative services, and that one company provided extensive managerial and supervisory services to the others.

The Board inferred that the arrangement was designed to allow a non-unionized company to bid on projects outside the unionized company's geographic area after province-wide bargaining legislation was enacted.

The Board granted the declaration, finding the entities constituted one employer bound by the provincial collective agreement.

Lake Ontario District Council, United Brotherhood of Carpenters and Joiners of America v. United Shelters Ltd., 1981 CanLII 1014

W. J. Hayter

14 cases1981–2000

Robert Ostrovitz

H. A. Beresford

14 cases1980–1989

Al Fisher

Ian Springate

OLRB0 cases1981–1988

H.J.F. Ade

C. A. Ballentine

OLRBOntario Labour Relations BoardJun 8, 1981

Certification application dismissed as untimely due to a valid subsisting collective agreement with a foreign-based union.

The applicant union sought certification for a unit of millwrights employed by the respondent in Ontario.

The application was opposed on the basis that a subsisting collective agreement existed between the respondent and an intervening union (Lodge No. 126), which was headquartered in Illinois.

The applicant argued that Lodge No. 126 lacked status as a trade union in Ontario because it had no permanent presence in the province, and that its agreement could not be a valid collective agreement.

The Board held that an organization need not have a permanent presence in Ontario to be a trade union, provided it is a viable organization capable of carrying out trade union functions in the province.

The Board found Lodge No. 126 met this definition and that its agreement with the respondent was a valid collective agreement covering Ontario.

Consequently, the application for certification was dismissed as untimely.

The Millwright District Council of Ontario v. Rockwell International Corporation Graphic Systems Division, 1981 CanLII 964

William Mills

3 cases1980–1982

Stephen McCormack

2 cases1981–1981

Michael Bowman

5 cases1981–2007

James Hayes

66 cases1980–2000

Brock Myles

2 cases1981–1981

Kevin M. Burkett

OLRB0 cases1980–1984

J. Wilson

OLRB0 cases1981–1987

C. A. Ballentine

OLRBOntario Labour Relations BoardMay 25, 1981

Employer committed unfair labour practice by treating returning strikers' walkout as a mass resignation.

The complainant union alleged that the respondent employer committed unfair labour practices by refusing to allow striking employees to return to work following a Board order.

The employer claimed the employees had engaged in a mass resignation by walking out of a training session and failing to provide notice of absence.

The Board found that the employer's strict application of its absence policy lacked a credible business justification and was motivated by anti-union animus.

The Board ordered the reinstatement of the affected employees with compensation.

United Steelworkers of America v. Fotomat Canada Limited, 1981 CanLII 800

Robert Weaver

Martin Levinson

15 cases1980–1987

E. L. Stringer, Q.C.

9 cases1980–1992

R. A. Furness

OLRB0 cases1980–1991

H.J.F. Ade

C. A. Ballentine

OLRBOntario Labour Relations BoardMay 20, 1981

Union granted interim certification after establishing trade union status following a name change and merger.

The applicant union applied for certification.

The Board considered whether the applicant, following a name change and merger, was a trade union within the meaning of section 1(1)(n) of the Labour Relations Act.

The Board found that the applicant had continued the constitutional continuity of its predecessor and was therefore a trade union.

The Board appointed a Labour Relations Officer to inquire into the duties of assistant managers and management trainees, but granted interim certification as the union had sufficient membership support regardless of the outcome of the dispute.

United Food and Commercial Workers International Union, Local 1000A v. Consumers Distributing Company Limited, 1981 CanLII 849

Michael Gordon

40 cases1980–1991

Gordon Stewart

Chris G. Paliare

192 cases1980–2026

T. G. Armstrong

D. E. Franks

OLRB0 cases1980–1987

C. A. Ballentine

OLRBOntario Labour Relations BoardMay 19, 1981

Employer and interim receiver ordered to sign collective agreement after refusing to execute ratified settlement.

The complainant union alleged that the employer, Coulter Copper & Brass Limited, and its interim receiver violated section 14 of the Labour Relations Act by refusing to sign a formal collective agreement.

The parties had previously signed a Memorandum of Settlement which was subsequently ratified by the union.

Shortly after ratification, the employer went into receivership, and the interim receiver instructed the employer not to sign the formal agreement to avoid creating a fraudulent preference.

The Board found that a collective agreement came into existence upon the union's communication of ratification.

The Board held that the refusal to execute the formal document reflecting the agreed terms constituted a breach of the duty to bargain in good faith, and ordered the respondents to sign the agreement.

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local #637 v. Coulter Copper & Brass Limited, 1981 CanLII 862

W. R. Buchner

Scott Beech

Ronald Dickie

Kevin V. Fisher

N. B. Satterfield

H.J.F. Ade

C. A. Ballentine

OLRBOntario Labour Relations BoardApr 10, 1981

Employee association found to have ceased to exist; purported collective agreement no bar to certification.

The applicant union applied for certification.

The employer and the intervener employee association argued that an existing collective agreement barred the application.

The Board found that the association lacked a constitution and evidence of employees being bound together by agreement, concluding that the association had ceased to exist as a trade union.

Consequently, the purported collective agreement was not a valid bar to the application.

The Board directed further hearings on the bargaining unit composition and a petition of objection.

United Food and Commercial Workers International Union v. Footwear Fashions Limited, 1981 CanLII 798

S. B. D. Wahl

154 cases1980–2001

P. Gauthier

3 cases1980–1981

K. W. Kort

12 cases1981–1999

G. Steers

3 cases1980–1986

Frank Wiles

Ian C. A. Springate

H.J.F. Ade

C. A. Ballentine

OLRBOntario Labour Relations BoardMar 16, 1981

Grievance relating to an expired collective agreement remains arbitrable before the Labour Relations Board.

The applicant referred a grievance to the Ontario Labour Relations Board under section 112a of the Labour Relations Act.

The grievance spanned two provincial agreements, and the respondent union argued that the portion relating to the expired collective agreement was inarbitrable.

The Board, adopting previous jurisprudence, held that rights accruing during the life of a collective agreement are vested and not automatically extinguished by its expiry.

The Board found it had jurisdiction to deal with the grievance under both the current and expired agreements and ordered the matter to be re-listed for hearing.

Sinclair Welding Limited v. International Union of Operating Engineers, Local 793, 1981 CanLII 977

R. A. Furness

OLRB0 cases1980–1991

H.J.F. Ade

C. A. Ballentine

OLRBOntario Labour Relations BoardMar 10, 1981

Off-site pit and plant employees excluded from construction industry bargaining unit count; union certified.

The applicant union sought certification for a bargaining unit of equipment operators in the Regional Municipality of Waterloo.

The parties disputed whether certain off-site employees working in the respondent's pits and plants should be included in the bargaining unit for the purpose of the count under section 106(b) of the Labour Relations Act.

The Board found that the off-site employees were not commonly associated in their work with on-site employees, as there was no evidence of regular interchange between off-site and on-site work.

The Board excluded the off-site employees from the count and, finding that more than 55% of the employees in the bargaining unit were members of the applicant, issued a certificate.

International Union of Operating Engineers, Local 793 v. Warren Bitulithic Limited, 1981 CanLII 1023

Ian C. A. Springate

H.J.F. Ade

C. A. Ballentine

OLRBOntario Labour Relations BoardFeb 24, 1981

Union certification application dismissed for failure to file a Form 54 declaration concerning membership documents.

The applicant union applied for certification but failed to file a duly completed Form 54, Declaration Concerning Membership Documents.

The Ontario Labour Relations Board dismissed the application, noting that without the Form 54 declaration, the Board cannot give any weight to the documentary membership evidence filed.

International Union of Bricklayers and Allied Craftsmen v. Pietrangelo Masonry, 1981 CanLII 884

Joseph Kelly

J James Nyman

38 cases1981–2016

M. G. Mitchnick

H.J.F. Ade

C. A. Ballentine

OLRBOntario Labour Relations BoardFeb 23, 1981

Board declares bankrupt and new companies related employers but limits remedy to prospective contracts.

The applicant union sought a declaration that the respondent companies were bound by the provincial Carpenters' collective agreement, either as a sale of a business under s. 55 or as related employers under s. 1(4) of the Labour Relations Act.

The principal, Roy Brandon, had operated a unionized construction company that went bankrupt in 1973.

He subsequently started new non-union companies.

The Board found that while s. 55 did not apply, the companies were related employers under s. 1(4) despite the intervening bankruptcy.

The Board exercised its discretion to grant the declaration but limited its retroactive effect, making it applicable only to contracts entered into after the respondents received notice of the union's claim.

One Board member dissented on the prospective limitation of the remedy.

United Brotherhood of Carpenters and Joiners of America, Local 785 v. Roy Brandon Construction Brandon General Contractors Limited and / or Roy Brandon Limited, 1981 CanLII 965

W. J. Murray

N. Gava

L. Oryniair

J. Fiorito

J. D. Mclnnis

F. J. W. Bickford

16 cases1981–1994

Ian C. A. Springate

H.J.F. Ade

C. A. Ballentine