Christopher J. Albertyn

Ballots from representation vote ordered to be counted despite employer's jurisdictional challenge.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration of successor rights.

A representation vote was ordered.

The employer inquired whether the ballots should be counted given its jurisdictional challenge.

The Board directed that the ballots be counted to inform the Board of the employees' wishes, without prejudice to the jurisdictional challenge.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 18167

Christopher J. Albertyn

Procedural direction setting a deadline for the applicant to file its reply.

The Ontario Labour Relations Board issued a procedural direction setting a deadline of July 27, 2001, for the applicant to file its reply to the responding party's claims.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Local 721 v. United Brotherhood of Carpenters and Joiners of America, 2001 CanLII 18587

Christopher J. Albertyn

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

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

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if no party requests to proceed.

IWA Canada, Local 1000 v. Algonquin Lumber Inc., 2001 CanLII 9177

Christopher J. Albertyn

Consent order issued declaring employers violated union security provisions and ordering $30,000 in damages.

The applicant union filed a construction grievance and an unfair labour practice complaint against the responding employers.

Prior to the hearing, the parties resolved the issues in dispute and executed Minutes of Settlement.

The parties requested that the Ontario Labour Relations Board issue a consent order.

The Board issued the requested declarations and orders, finding that the employers were bound to the maintenance agreement and had violated its union security provisions.

The Board ordered the employers to pay $30,000 in damages, with $15,000 payable immediately and the balance payable upon certain conditions, and directed the posting of a notice to employees.

International Union of Painters and Allied Trades, Local 1819, Glaziers v. Harrison Glass & Mirror Co. Limited, 2001 CanLII 2992

Christopher J. Albertyn

Representation vote ordered to determine if applicant union should succeed predecessor union as bargaining agent.

The applicant trade union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of the predecessor trade union.

The Board noted that no objections were received regarding the holding of a representation vote.

The Board ordered a representation vote to determine whether the applicant should succeed the predecessor union as the collective bargaining agent for the specified bargaining unit of hospital employees.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 210, 2001 CanLII 8728

Christopher J. Albertyn

Board orders representation vote in trade union successor rights application.

The applicant trade union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of the predecessor trade union.

As there were no objections to holding a representation vote, the Board ordered a vote to determine whether the employees in the bargaining unit wish to be represented by the applicant or the predecessor union.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 210, 2001 CanLII 11403

Christopher J. Albertyn

Representation vote ordered in successor rights application despite employer's jurisdictional objections.

The applicant trade union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of the predecessor trade union.

The responding employer objected to the holding of a representation vote, raising jurisdictional arguments.

The Board ordered a representation vote to determine employee wishes regarding their collective representation, deferring the employer's jurisdictional arguments to the hearing of the matter.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 17562

Representation vote ordered in construction industry certification application after responding party failed to file response.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

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

Based on the application material, the Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board determined the appropriate bargaining unit and directed that a representation vote be taken.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Summit View Homes Ltd. and/or 740174 Ontario Limited, 2001 CanLII 13438

Christopher J. Albertyn

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 Ontario Labour Relations 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.

The International Union of Painters and Allied Trades, District Council 46 (Local 1891) v. Aspen Drywall Inc., 2001 CanLII 15906

Christopher J. Albertyn

Board orders representation vote in union successor rights application.

The applicant union, CAW-Canada, applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of the predecessor union, SEIU Local 210.

The Board noted that no objections were received regarding the holding of a representation vote.

The Board ordered a representation vote to determine whether the employees in the bargaining unit wish to be represented by CAW-Canada or SEIU.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 210, 2001 CanLII 13404

Christopher J. Albertyn

Application for review of Order to Pay withdrawn; funds held in trust ordered distributed.

The applicant sought a review of an Order to Pay issued by an Employment Standards Officer under section 68 of the Employment Standards Act.

The Board granted leave to withdraw the application and ordered the Director of Employment Standards to distribute the funds held in trust, with $650.14 paid in accordance with the Order and $100.00 retained as the Ministry's administration fee.

1201528 Ontario Inc. o/a Gateway Sign Service v. Glen Lloyd and Ministry of Labour, 2001 CanLII 14805

Christopher J. Albertyn

Employment standards appeal dismissed as the claim was filed outside the six-month statutory limitation period.

The applicant appealed an Employment Standards Officer's refusal to issue an Order to Pay.

The Officer refused the order because the applicant filed her claim outside the six-month statutory limitation period under section 82.3(1) of the Employment Standards Act.

The applicant mistakenly believed she had a year to file, based on the pre-1996 legislation.

The Board found it had no jurisdiction to review the matter as the claim was filed out of time, and dismissed the application.

Lori Langstaff v. ABS Community Vision and Ministry of Labour, 2001 CanLII 7362

Christopher J. Albertyn

Board amends previous decision to acknowledge timely filing of responding party's response.

The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The Board issued a decision amending its previous decision of July 18, 2001, to reflect that the responding party's response was properly filed on July 17, 2001, but had not come to the panel's attention until late the following day.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Queensgate Homes, 2001 CanLII 7256

Christopher J. Albertyn

Representation vote ordered to determine if applicant union should succeed predecessor as bargaining agent.

The applicant trade union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of the predecessor trade union.

As there were no objections to holding a representation vote, the Board ordered a vote to determine whether the applicant should succeed the predecessor as the collective bargaining agent for the employees at the responding party hospital.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 210, 2001 CanLII 16557

Christopher J. Albertyn

Ballots from representation vote ordered to be counted despite employer's jurisdictional challenge.

The applicant union applied for a declaration of successor rights under section 68 of the Labour Relations Act, 1995.

A representation vote was ordered.

The responding party employer requested that the ballots not be counted due to a jurisdictional challenge.

The Board directed that the ballots be counted, noting that when a representation vote is ordered without a direction to seal the ballot box, the presumption is that the ballots will be counted to inform the Board of the employees' wishes.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 17853

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

Christopher J. Albertyn

Representation vote ordered in construction industry certification application after employer failed to file a response.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

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

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent of the individuals in the proposed bargaining unit.

Consequently, the Board defined the appropriate bargaining unit and directed that a representation vote be taken.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. T & F Stucco Systems Inc., 2001 CanLII 5842

Christopher J. Albertyn

Application for review of Employment Standards Act orders dismissed for untimeliness without reasonable explanation.

The applicant filed an application for review of two Orders to Pay under the Employment Standards Act.

The application to review the first order was massively untimely with no satisfactory explanation.

The application to review the second order was filed one day late, but the applicant provided no explanation for the delay.

The Board declined to extend the time limits and dismissed the application as untimely.

Whitman Engineering Limited v. Cheryle Baker, 2001 CanLII 2965

Christopher J. Albertyn

Board orders disbursement of funds held in trust pursuant to Minutes of Settlement.

The applicant employer sought 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 $8,930.61 held in trust by the Director, with $3,618.74 returned to the employer, $2,250.00 paid to each of the two employees, and the $811.87 administration fee retained by the Consolidated Revenue Fund.

Ontario Corp. Number 1247313, 3002063 Nova Scotia Company operating as Wilderness North Outfitters v. Denis L’Heureux, Kate Magill and Ministry of Labour, 2001 CanLII 2716

Christopher J. Albertyn

Board provisionally abridged time limits for responses to expedite a union representation vote.

The applicant trade union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights of a predecessor trade union.

The unions agreed that the application would be determined by a representation vote.

To expedite the vote, the Board provisionally abridged the time limit for filing responses and interventions, directing the parties to advise of any objections by the following day.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 183, 2001 CanLII 13296

Christopher J. Albertyn