Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 15, 2000

Application adjourned on consent.

The applicant sought an adjournment of the application.

The Ontario Labour Relations Board granted the adjournment on consent and scheduled the matter for October 2, 2000.

The panel remained seized of the matter.

Robert Hooks v. Restauronics Services Ltd., 2000 CanLII 13074

Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 8, 2000

Union decertified and collective agreement voided following a representation vote opposing the union.

The applicant filed a termination application seeking to decertify the union as the bargaining agent for the employees of Triac Industries Inc. Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, the Ontario Labour Relations Board declared that the union no longer represented the employees.

The collective agreement was declared to be of no force or effect pursuant to subsection 63(18) of the Labour Relations Act, 1995, and a one-year bar on certification applications by the union was imposed.

L. Krish Sankar v. Industrial Wood and Allied Workers Union of Canada (IWA-Canada), 2000 CanLII 12391

Board issues directions for production of documents regarding service agreements and staffing.

The applicant union sought production of documents from the responding parties in an application under section 69 of the Labour Relations Act.

Following a telephone conference, the Board issued directions requiring the Community Care Access Centre and the service providers to produce various internal documents, written instructions, standard forms, and schedules to service agreements, subject to certain confidentiality conditions.

The Board also set out the preliminary matters to be dealt with at the upcoming hearing.

Service Employees’ Union, Local 268 v. Canadian Red Cross Society (Ontario Zone), 2000 CanLII 12409

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJul 28, 2000

Employer's appeal allowed; objective fit tests proved respirator was safe despite worker's subjective complaints.

The employer appealed orders issued by a Ministry of Labour Health and Safety Inspector following a worker's refusal to wear a specific respirator (US Model 100) while welding.

The worker claimed the respirator did not fit properly.

The employer conducted qualitative and quantitative fit tests, which demonstrated an exceptionally good fit, but the worker deliberately frustrated some tests and maintained his refusal.

The inspector concluded the worker was likely to be endangered and ordered the employer to provide an appropriate respirator.

The Ontario Labour Relations Board allowed the employer's appeal, finding the objective evidence overwhelmingly established the respirator fit properly and there was no real or significant possibility of the worker being endangered.

The inspector erred by relying too heavily on the worker's subjective views over objective test results.

National Steel Car Limited v. United Steelworkers of America, Local 7135, 2000 CanLII 12047

Walter Thornton

47 cases1986–2001

Jim MacKin non

3 cases1987–2000

Fergus Tyrrell

Doug Mahon

Practising Law - Employed70 cases1995–2026

Andrea Bowker

G. Pickell

Christopher J. Albertyn

A. Haward

OLRBOntario Labour Relations BoardJul 28, 2000

Board issued procedural directions regarding notice, particulars, and coordination with a pending jurisdictional dispute.

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

The Board heard submissions on how the hearing should proceed and issued procedural directions, including notice to an affected union, filing of interventions, specification of claims related to a pending jurisdictional dispute, and provision of particulars regarding contractual relations and work assignments.

The matter was adjourned.

Labourers’ International Union of North America, Local 1059 v. Clifford Masonry Limited, 2000 CanLII 13125

G. Pickell

Christopher J. Albertyn

A. Haward

OLRBOntario Labour Relations BoardJul 27, 2000

Board issues consent order for $5,790.95 in unpaid remittances based on parties' settlement.

The applicant union referred a grievance to the Ontario Labour Relations Board regarding unpaid vacation pay and trust fund contributions.

The parties reached Minutes of Settlement and requested a consent order.

The Board issued declarations that the responding party was bound by the collective agreement and had violated it by failing to make appropriate remittances.

The Board ordered the responding party to pay $5,790.95 in damages as agreed in the settlement.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. M & J Tile, 2000 CanLII 13035

James Fyshe

32 cases1981–2011

G. Pickell

G. McMenemy

OLRB0 cases1993–2001

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJul 26, 2000

Board issued procedural directions for document production and adjourned the grievance hearing.

The applicant referred a grievance to the Board for final and binding determination.

At the hearing, the Board issued procedural orders directing the responding parties to file a statement of defence with particulars of sub-contractors, produce payroll documents, and ensure certain individuals remain available to testify.

The application was adjourned to a later date.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada v. Newmarch Inc. and Newmarch Mechanical Inc., 2000 CanLII 11848

Ron Davis

2 cases2000–2000

Malcolm A. Smeaton

J. A. Rundle

H. Peacock

OLRB0 cases1987–2001

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJul 21, 2000

Applications withdrawn by consent following settlement regarding contracting out of offender transportation services.

The applicant union filed an unfair labour practice complaint and an occupational health and safety reprisal complaint against the responding party employer regarding the contracting out of offender transportation services.

The parties reached Minutes of Settlement wherein the employer agreed to cease and desist from proceeding with the contracting out process for two years and to continue having the services performed by bargaining unit members.

Consequently, the parties requested that the minutes be incorporated into a Board order and the applications be withdrawn.

The Board granted leave to withdraw the applications by consent.

Ontario Public Service Employees Union v. The Crown in Right of Ontario, 2000 CanLII 9861

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJul 18, 2000

Issues raised in correspondence deferred to upcoming hearing.

The Ontario Labour Relations Board issued a brief procedural decision directing that the issues raised in a letter from Mr. Ruffo be dealt with at the upcoming hearing scheduled for July 24, 2000.

International Alliance of Theatrical Stage Employees, Local 471 v. Core Audience Inc., 2000 CanLII 10594

L. James

2 cases2000–2017

John MacKenzie

2 cases2000–2000

Glenn P Christie

8 cases2000–2013

E. Holroyd

Caroline Cohen

113 cases1994–2025

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJul 17, 2000

Employer's motion to dismiss unfair labour practice complaint for lack of prima facie case denied.

The applicant union filed an unfair labour practice complaint alleging the employer violated the Labour Relations Act by cancelling its nursing services contracts shortly after a first collective agreement was imposed by interest arbitration.

The employer brought a preliminary motion to dismiss the application for failing to disclose a prima facie case, arguing the employees were casual and suffered no change in status.

The Board dismissed the employer's motion, finding the union pled sufficient facts to put the employer to its defence regarding its motivation for cancelling the contracts.

The Board also denied the union's request for production of a subsequent bid document.

Ontario Nurses' Association v. Comcare (Canada) Limited, 2000 CanLII 9933

R. R. Montague

J. A. Rundle

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJul 14, 2000

Decertification application dismissed after representation vote failed to show majority opposition to the union.

The applicant sought to withdraw his application for decertification after a representation vote was held.

The Board noted that issues regarding alleged confusion surrounding the vote would be addressed in a separate file.

Because not more than fifty percent of the ballots cast were in opposition to the responding party union, the Board dismissed the application without a hearing.

Jim L. Thompson v. United Brotherhood of Carpenters and Joiners of America, Local 3054, 2000 CanLII 13489

S. B. D. Wahl

154 cases1980–2001

Lorenzo Lisi

In Private Practice16 cases1993–2016

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJul 13, 2000

Board orders fresh representation vote on consent to resolve termination and unfair labour practice applications.

The applicant filed a termination application and the union filed an unfair labour practice complaint against the employer.

The parties reached an agreement to resolve the outstanding issues.

The Board ordered that the previous representation vote be declared a nullity and the ballots destroyed.

A fresh representation vote was ordered to determine if the employees wish to continue to be represented by the union.

The Board also set out the consequences of the vote depending on the outcome, as agreed by the parties.

Sankar v. Industrial Wood and Allied Workers Union of Canada (IWA-Canada), 2000 CanLII 12266

S. B. D. Wahl

154 cases1980–2001

R. Diotte

2 cases2000–2001

Lorenzo Lisi

In Private Practice16 cases1993–2016

Bob Coghill

2 cases2000–2000

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJul 12, 2000

Union's post-application particulars regarding a renewal collective agreement struck as irrelevant to a termination application.

In a termination application and related unfair labour practice complaint, the union sought to introduce additional particulars concerning events that occurred after the termination application was filed, specifically the ratification of a renewal collective agreement.

The employer objected to the admission of these particulars on the basis of relevance.

The Board held that the particulars were irrelevant because the determination of whether the termination application was employer-initiated under s. 63(16) of the Labour Relations Act, 1995 concerns facts existing on or before the application date.

The Board also rejected the union's arguments that the ratification vote rendered the termination application moot or warranted a fresh representation vote, noting that a renewal collective agreement is contingent upon the outcome of a timely termination application.

The particulars were struck from the pleadings.

L. Krish Sankar v. Industrial Wood and Allied Workers Union of Canada (IWA-Canada), 2000 CanLII 12718

R. R. Montague

J. A. Rundle

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 29, 2000

Union decertified following a representation vote where a majority of employees voted in opposition.

The applicant applied to decertify the responding party union.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the employer.

Jill Gibson v. United Food and Commercial Workers International Union, Local 175-633, 2000 CanLII 8794

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 29, 2000

Application withdrawn by leave of the Board following conclusion of Minutes of Settlement.

The applicant union and responding employer concluded Minutes of Settlement resolving the matter.

Consequently, the hearing was cancelled and the application was withdrawn by leave of the Board.

United Steelworkers of America v. Matsu Manufacturing Inc., 2000 CanLII 10687

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 29, 2000

Application withdrawn by leave of the Board.

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

The Board granted leave and the application was withdrawn.

Occupational Health Clinics for Ontario Workers Inc. v. United Steelworkers of America, 2000 CanLII 8228

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 22, 2000

Application withdrawn with leave of the Board.

The applicant sought to withdraw her application against the Ontario Public Service Employees Union.

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

Silvana Marchese v. Ontario Public Service Employees Union, 2000 CanLII 3413

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 21, 2000

Application terminated following conclusion of Minutes of Settlement.

The applicant filed an application against the responding party union, with the employer intervening.

The parties concluded Minutes of Settlement which entirely resolved the matter.

The Ontario Labour Relations Board terminated the application.

Tejwant Persaud v. CAW Local 29, 2000 CanLII 6196

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 20, 2000

Request for reconsideration refused because extension of time for late filing was previously denied.

The applicant employer sought reconsideration of a prior decision.

The Ontario Labour Relations Board refused to entertain the request because the employer's prior request for an extension of time to file the reconsideration request had already been denied.

1281419 Ontario Limited o/a Denley’s Bar & Grill v. Linda Watters et al, 2000 CanLII 12359

R. R. Montague

J. A. Rundle

Christopher J. Albertyn