Christopher J. Albertyn

OLRBOntario Labour Relations BoardJul 5, 2001

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

The applicant 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 among the affected employees.

To facilitate a prompt vote, the Board provisionally abridged the time limit for filing responses and interventions, directing any parties objecting to the abridgement to notify the Board by a specified date.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 268, 2001 CanLII 18115

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJul 4, 2001

Board proposes abridging time limits for responses to expedite a representation vote for successor union rights.

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 parties agreed that the application would be determined by a representation vote among the employees in the bargaining unit.

The Board directed the parties to advise if they objected to abridging the usual time limit for filing responses and interventions so that the representation vote could occur promptly.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 15640

Unfair labour practice complaint dismissed without a hearing due to vague and insufficiently particularized allegations.

The applicant union filed a certification application and an unfair labour practice complaint against the intervenor union and its representative, alleging intimidation and interference at a job site.

The intervenor requested that the unfair labour practice complaint be dismissed for failing to disclose a prima facie case.

The Board agreed, finding the allegations too vague and unspecific to require a defence, and dismissed the complaint without a hearing.

The certification application was directed to proceed to a hearing to resolve outstanding issues.

Allied Construction Employees, Local 1030, United Brotherhood of Carpenters and Joiners of America v. Chesterform Ltd., 2001 CanLII 7239

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJul 3, 2001

Application withdrawn with leave of the Board.

The applicant, Ontario Secondary School Teachers’ Federation, sought to withdraw its application against the Durham District School Board.

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

Ontario Secondary School Teachers’ Federation v. Durham District School Board, 2001 CanLII 11711

Robert Edwards

20 cases2001–2022

Mark Wright

49 cases1993–2022

Lisa Kelly

10 cases1993–2009

Laura Kokolinski

1 case2001–2001

Glenn P Christie

8 cases2000–2013

Garth O’Neill

3 cases2000–2013

Barbara Rankin

2 cases2000–2001

Andrea Bowker

Practising Law - Employed70 cases1995–2026

Adrianna Ripepi

1 case2001–2001

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 29, 2001

Motion to dismiss sale of business claim denied; related employer claim dismissed as control was regulatory.

The union brought an application under sections 69 and 1(4) of the Labour Relations Act, 1995, alleging a sale of business and seeking a related employer declaration after the Red Cross ceased its homemaking operations and the work was reassigned by the Community Care Access Centre (CCAC) to other service providers.

The responding parties brought a Rule 46 request to dismiss the application for failing to make out a prima facie case.

The Board declined to dismiss the section 69 sale of business application on a prima facie basis, finding that it could not conclude without evidence that only work, rather than part of a business, was transferred.

However, the Board dismissed the section 1(4) related employer application, holding that even if common control and direction existed, it would not exercise its discretion to make a declaration because the CCAC's control was regulatory and statutory, and the relationship was a bona fide subcontracting arrangement rather than an artificial erosion of bargaining rights.

Service Employees’ Union, Local 268 v. Canadian Red Cross Society (Ontario Zone), 2001 CanLII 7224

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 29, 2001

Duty of fair representation application dismissed for failing to establish a prima facie case.

The applicant filed an application alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act by withdrawing her grievance prior to arbitration.

The grievance alleged her former employer provided negative references in violation of a settlement agreement.

The Board found that the union investigated the case, interviewed potential witnesses who were unsupportive, and made a reasonable assessment that there was insufficient evidence to succeed at arbitration.

The Board dismissed the application under Rule 46, finding the applicant failed to make out a prima facie case of a section 74 violation.

Jean Jordan v. Ontario Nurses’ Association, 2001 CanLII 7198

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 28, 2001

Board referred responding parties' preliminary objections to dismiss applications to the Registrar for scheduling.

The applicant union filed a certification application and a related employer application.

The responding parties raised preliminary objections, seeking dismissal for failure to disclose a prima facie case and for delay in pursuing the certification application.

The Board referred the files to the Registrar to set down a hearing for the preliminary objections.

International Alliance of Theatrical Stage Employees, Local 471 v. Core Audience Inc., 2001 CanLII 17349

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 25, 2001

Consent order issued disbursing funds held in trust following settlement of an employer's appeal.

The employer appealed an Order to Pay under section 68 of the Employment Standards Act relating to nine employees.

The parties entered into Minutes of Settlement.

The Ontario Labour Relations Board issued a consent order directing the disbursement of the $47,087.04 held in trust by the Director, distributing specific amounts to the employer, the individual employees, and the Consolidated Revenue Fund for the administration fee.

Valenti Shoe Limited v. Raffaella Mandarino, 2001 CanLII 20481

Christopher J. Albertyn

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

The applicant and responding parties 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.

Ronald Cole v. Parmalat Canada and Ministry of Labour, 2001 CanLII 17274

Christopher J. Albertyn

Application withdrawn with leave of the Board.

The applicant sought to withdraw her application against the responding parties.

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

Dianne Keil v. Drake International Inc. and Ministry of Labour, 2001 CanLII 9826

Christopher J. Albertyn

Board orders employer to pay $96.00 pursuant to Minutes of Settlement.

The applicant applied for a review under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Board ordered the responding party employer to pay the applicant $96.00, less statutory deductions, and terminated the matter.

Mehran Mansoori v. Mallet Millwork Inc., 2001 CanLII 20010

Christopher J. Albertyn

Consent order issued binding employer to collective agreement and ordering $200 payment to settle grievance.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

Prior to the hearing, the parties entered into Minutes of Settlement.

The Board issued a consent order declaring that the responding party is bound by the collective agreement and ordering the responding party to pay $200 in settlement of the grievance.

The International Union of Painters and Allied Trades, of Painters and Allied Trades, District Council 46, (Local Union 1795) v. City Window & Glass, 2001 CanLII 13310

Christopher J. Albertyn

Application terminated following settlement for $6,872.22 in termination, vacation, and severance pay.

The applicant appealed under section 68 of the Employment Standards Act.

The parties entered into Minutes of Settlement agreeing that the applicant was owed termination pay, vacation pay, and severance pay totaling $6,872.22.

The Ontario Labour Relations Board issued a decision ordering the responding party to pay the agreed amount and terminated the application in accordance with subsection 69.1(5) of the Act.

James B. Payne v. Diversey Lever and Ministry of Labour, 2001 CanLII 11937

Christopher J. Albertyn

Board approves settlement of Employment Standards Act appeal and orders disbursement of trust funds.

The employer applied to appeal an Order to Pay under section 68 of the Employment Standards Act.

Three employees withdrew their claims, and the employer entered into Minutes of Settlement with two others.

One employee could not be contacted.

The Board ordered the disbursement of funds held in trust according to the settlement, with a provision for the Ministry or the remaining employee to request a hearing within ten days, failing which the remaining claim would be set aside.

1318431 Ontario Inc. o/a Ho Lee Chow v. Eric Wolf et al, 2001 CanLII 3750

Christopher J. Albertyn

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

The 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 Ontario Labour Relations Board ordered the disbursement of the $394.16 held in trust by the Director, with $100.00 returning to the employer and $294.16 paid to the employee, and terminated the matter.

1292024 Ontario Inc. operating as Rendez Vous Nissan v. Joel Pepin and Ministry of Labour, 2001 CanLII 3690

Christopher J. Albertyn

Application for certification withdrawn by leave of the Board following a representation vote.

The applicant union requested leave to withdraw its application for certification following the taking of a representation vote.

The Board granted leave to withdraw the application, directed the destruction of the ballots after 30 days, and noted the potential application of section 7(10) of the Labour Relations Act to any subsequent application filed within one year.

Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America v. Savosil/Samavo Construction Ltd., 2001 CanLII 17306

Christopher J. Albertyn

Board ordered disbursement of funds held in trust in accordance with Minutes of Settlement.

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

The workplace parties entered into Minutes of Settlement.

The Board ordered the funds held in trust by the Director to be disbursed according to the settlement, with $1,500 paid to the employee, $827.50 returned to the employer, and $232.75 retained as an administration fee.

The matter was deemed terminated subject to any request by the Ministry of Labour to relist it.

Investors Group Financial Services v. Victoria Lee Thompson-Coelho, 2001 CanLII 7035

Christopher J. Albertyn

Application for review of Order to Pay cannot proceed without payment of ordered amount into trust.

The applicant sought a review of an Order to Pay under the Employment Standards Act but failed to pay the ordered amount into trust as required by section 68.

The Board held that an application for review is not properly made unless the monies are paid into trust.

The Board directed that unless the applicant pays the amount in full and makes a proper request for an extension of time within 10 days, the application will be deemed terminated.

Insta Print Centre v. Lorraine Willard and Ministry of Labour, 2001 CanLII 13455

Christopher J. Albertyn

Consent order issued disbursing funds held in trust pursuant to Minutes of Settlement.

The applicants 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 Ontario Labour Relations Board issued a consent order directing the disbursement of funds held in trust by the Director, with $1,857.50 returned to the employer, $1,100.00 paid to the employee, and $295.75 retained as an administration fee.

Adam & Beth White v. Joanna Campbell and Ministry of Labour, 2001 CanLII 7080

Christopher J. Albertyn