Christopher J. Albertyn

OLRBOntario Labour Relations BoardDec 1, 2000

Hearing adjourned on consent of the parties.

The applicant brought a matter before the Ontario Labour Relations Board.

By consent of the parties, the hearing was adjourned to March 26 and 27, 2001.

Domtar Inc. v. CEP, Local 31X, IWA Canada, Local 1000 and Joe DaCosta, 2000 CanLII 8286

Christopher J. Albertyn

OLRBOntario Labour Relations BoardDec 1, 2000

Matter re-listed for hearing to address business's failure to produce documents and potential contempt motion.

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

In a previous decision, the adjudicator ordered the responding business to produce contracts to determine the applicant's unpaid commissions.

The applicant alleged the business failed to produce the documents.

The adjudicator directed the matter be re-listed for a hearing where the business must explain the failure to produce or face a potential motion to state a case for contempt to the Superior Court.

Sanjay Gandhi v. La Suhaag Indian Restaurant & Bar Ltd., 2000 CanLII 13136

Christopher J. Albertyn

OLRBOntario Labour Relations BoardNov 29, 2000

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

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Ontario Labour Relations Board consented to the adjournment, noting that the application would be deemed terminated if neither party requested to proceed within that time.

The Vice-Chair remained seized of the matter.

Wayne Morton v. BBS Building Services Inc., 2000 CanLII 6545

Brian Mulroney

4 cases1996–2013

Christopher J. Albertyn

OLRBOntario Labour Relations BoardNov 8, 2000

Board defines hospital clerical bargaining unit and declares OPSEU bargaining agent without a vote.

The applicant hospital brought an application under section 22 of the Public Sector Labour Relations Transition Act, 1997.

The Board determined that the newly classified Health Information Professionals lacked a community of interest with the office and clerical bargaining unit and should be excluded.

The Board defined the appropriate bargaining unit and, pursuant to subsection 23(11) of the Act, declared OPSEU as the bargaining agent without requiring a representation vote.

The Scarborough Hospital v. Ontario Nurses’ Association, Local 111, 2000 CanLII 1280

Duty of fair representation complaint dismissed; union reasonably refused to arbitrate discharge grievance lacking exculpatory evidence.

The applicant filed a duty of fair representation complaint against his union after it declined to advance his discharge grievance to arbitration.

The applicant was terminated for allegedly consuming and possessing marijuana at work, based on an undercover investigator's report.

The union investigated the allegations, interviewed witnesses, and considered the applicant's bald denial, which lacked any exculpatory explanation due to pending criminal charges.

The union concluded the grievance had poor prospects of success and posed a risk of leading to mandatory drug testing.

The Board dismissed the complaint, finding the union's investigation was thorough and its decision not to arbitrate was reasonable and not arbitrary, discriminatory, or in bad faith.

Michael Teskey v. Amalgamated Transit Union Local 113, 2000 CanLII 4603

Christopher J. Albertyn

OLRBOntario Labour Relations BoardOct 30, 2000

Duty of fair representation complaint dismissed without a hearing as the applicant failed to file a grievance.

The applicant filed a duty of fair representation complaint against the union, alleging inadequate representation during meetings with management that resulted in a non-disciplinary letter of counselling.

The applicant had not filed a grievance regarding the issues, citing fear of reprisals.

The Board dismissed the application without a hearing for failing to disclose an arguable case, noting that the union cannot remedy a situation if the employee does not file a grievance.

Steve Carboni v. Ontario Public Service Employees Union, Local 438, 2000 CanLII 3189

R. R. Montague

OLRB0 cases1986–2001

J. A. Ronson

OLRB0 cases1980–2001

Christopher J. Albertyn

OLRBOntario Labour Relations BoardOct 27, 2000

Representation vote ordered in certification application despite employer's section 8.1 notice disputing bargaining unit estimate.

The applicant trade union applied for certification.

The responding party employer disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the numerical difference between the parties was not significant and that the applicant established sufficient membership support to obtain a representation vote.

The Board ordered a representation vote, with disputed positions to cast segregated ballots.

A dissenting Board member would have held a hearing before ordering a vote or sealed the ballot box.

Ontario Public Service Employees Union v. Northern Cable Inc., 2000 CanLII 5480

R. R. Montague

OLRB0 cases1986–2001

J. A. Ronson

OLRB0 cases1980–2001

Christopher J. Albertyn

OLRBOntario Labour Relations BoardOct 27, 2000

Application withdrawn with leave of the Board.

The applicant, Green Lane Environmental Group Ltd., sought to withdraw its application against the responding party, Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 141.

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

Green Lane Environmental Group Ltd. v. Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 141, 2000 CanLII 3274

T. Stephen Lavender

1 case2000–2000

Lynda Leroux

1 case2000–2000

Jeffrey Mitchell

6 cases2000–2022

James Trak

1 case2000–2000

Brian D. Mulroney

20 cases1995–2017

Christopher J. Albertyn

OLRBOntario Labour Relations BoardOct 25, 2000

Unlawful lock-out and unfair labour practice complaints dismissed; employer did not press illegal demands to impasse.

The union filed complaints alleging that the employer engaged in an unlawful lock-out and committed an unfair labour practice during collective bargaining.

The union argued the lock-out was unlawful because the employer had pressed to impasse a demand that the union waive its statutory rights to pursue grievances and Board applications regarding contracting out.

The Board found that while the employer's final offer included such a demand, the offer was withdrawn prior to the lock-out and was not pressed to impasse.

The union also alleged the employer violated section 70 of the Labour Relations Act by distributing its final offer directly to employees.

The Board dismissed this complaint, finding the communication was an accurate explanation of the offer, provided after the union was informed, and did not constitute an attempt to bargain directly with employees.

Canadian Union of Operating Engineers and General Workers v. Brookfield Management Services Ltd. (BCE Place), 2000 CanLII 6734

Christopher J. Albertyn

OLRBOntario Labour Relations BoardOct 23, 2000

Application withdrawn with leave of the Board.

The applicant, Service Employees International Union Local 220, sought to withdraw its application against the responding party, Lyndon Security Services Inc. The Ontario Labour Relations Board granted leave to withdraw the application.

Service Employees International Union Local 220 v. Lyndon Security Services Inc., 2000 CanLII 6937

G. Pickell

Christopher J. Albertyn

A. Haward

Hearing adjourned on consent with an order for parties to review audit results.

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

By consent, the Board ordered the hearing scheduled for October 20, 2000, to be adjourned to November 27, 2000.

The Board also ordered the parties to meet to review the results of an audit and other outstanding issues.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Omega Trim & Doors Ltd., 2000 CanLII 6002

G. Pickell

Christopher J. Albertyn

A. Haward

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

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 neither party requests to proceed.

Universal Workers Union, L.I.U.N.A., Local 183 v. Andrew Paving & Engineering Ltd., 2000 CanLII 8809

Jack Slaughter

7 cases1988–2001

G. Pickell

Christopher J. Albertyn

A. Haward

Board issues consent order for production of payroll records and adjourns grievance referral hearing.

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

At the hearing, the parties concluded a Memorandum of Agreement and requested a consent order.

The Board issued a consent order directing a director of the responding party to produce payroll records for inspection, maintaining a subpoena for the director, and adjourning the hearing to determine the amount of any additional monies owing for collective agreement violations.

Carpenters and Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America v. 1328156 Ontario Limited and Resici Group Inc., 2000 CanLII 4382

G. Pickell

Christopher J. Albertyn

A. Haward

Application adjourned sine die on consent of the parties.

The applicant union and responding employer agreed to adjourn the application.

The Ontario Labour Relations 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.

International Brotherhood of Electrical Workers, Local 303 v. B & J Electric Ltd., 2000 CanLII 7678

G. Pickell

Christopher J. Albertyn

A. Haward

Employer ordered to pay damages for late remittance of union dues after failing to appear.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to make timely payment of remittances and dues.

The responding party did not appear at the hearing.

The Board found the responding party bound by the collective agreement and in violation of it for late payments.

The Board ordered the responding party to pay $1,377.32 in damages, which included interest, filing fees, and hearing fees.

International Brotherhood of Electrical Workers, Local 303 v. Mainway Electric Ltd., 2000 CanLII 1388

G. Pickell

Christopher J. Albertyn

A. Haward

OLRBOntario Labour Relations BoardOct 19, 2000

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

The parties agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. BFC Buildings, 2000 CanLII 6231

Christopher J. Albertyn

OLRBOntario Labour Relations BoardOct 16, 2000

Reconsideration of duty of fair representation complaint denied; Board lacks jurisdiction to award costs.

The applicants requested reconsideration of a decision dismissing their section 74 complaint under the Labour Relations Act, 1995.

They argued they were encouraged by their local union president to pursue the complaint and had challenged their classification since taking their positions.

The Board found these facts did not change the outcome, as the comparator group was in a legally different position.

The applicants also sought compensation for expenses incurred due to the non-arrival of counsel at a pre-hearing meeting.

The Board denied the reconsideration request and noted it lacked jurisdiction to award costs.

Suzanne Stelmach, Dorothy Zagrodzki and Anna Zurek v. Ontario Public Service Employees Union, 2000 CanLII 2692

Christopher J. Albertyn

OLRBOntario Labour Relations BoardOct 12, 2000

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

Canadian Union of Public Employees and its Local 3798-01 v. Madison Avenue Housing and Support Services, 2000 CanLII 4275

Christopher J. Albertyn

OLRBOntario Labour Relations BoardOct 10, 2000

Duty of fair representation complaint adjourned sine die after union referred underlying grievance to arbitration.

The applicant filed a duty of fair representation complaint against the union regarding its handling of his grievance over a one-day suspension and transfer.

The union informed the Board that it had referred the grievance to arbitration.

The Board found no good reason to proceed with a consultation or hearing at this stage, as the likely remedy for a successful complaint would be referral to arbitration.

The application was adjourned sine die for up to one year, with leave to revive if the grievance is not dealt with at arbitration.

David S. Courtney v. The Ontario Secondary School Teachers’ Federation, 2000 CanLII 3670

Christopher J. Albertyn