Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 13, 2000

Union certification granted subject to proof of registration with the Alcohol and Gaming Commission of Ontario.

The applicant union filed a certification application under section 7 of the Labour Relations Act, 1995.

Following a successful representation vote, the parties agreed on the composition of the bargaining unit and executed Minutes of Settlement.

The Board accepted the agreed bargaining unit description and directed that a formal certificate will issue once the union provides proof of registration from the Alcohol and Gaming Commission of Ontario, as required by the Ontario Gaming Control Act, 1992.

The application was adjourned sine die pending compliance.

Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union v. Sudbury Downs, A Division of MacRanald Enterprises Incorporated, 2000 CanLII 12661

L. Eisenberg

29 cases2000–2001

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 7, 2000

Employer appeal dismissed for failure to appear; travel expenses denied for lack of jurisdiction.

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

The applicant failed to appear at the scheduled hearing.

The Board dismissed the application due to the applicant's failure to advance its claim and ordered the funds held in trust to be disbursed to the responding employees and the Ministry of Labour.

The Board denied the employees' request for travel expenses, noting it lacks jurisdiction to grant costs under section 68 of the Act.

1172520 Ontario Ltd. o/a Valley Shows v. Stratako, 2000 CanLII 11938

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 7, 2000

Reconsideration denied; certification application may proceed to resolve outstanding matters before certificate issuance.

The responding employer applied for reconsideration of a Board endorsement that allowed a certification application to proceed despite the applicant union not being a registered supplier under the Ontario Gaming Control Act, 1992.

The Board dismissed the reconsideration request, noting that even if the union cannot be certified until registered, outstanding matters regarding the bargaining unit and individual status can still be resolved at the scheduled hearing.

Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union v. Sudbury Downs, A Division of MacRanald Enterprises Incorporated, 2000 CanLII 12337

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 5, 2000

Application regarding internal union affairs dismissed for disclosing no cause of action under the Act.

The applicant filed an application under section 74 of the Labour Relations Act, 1995, seeking a declaration that the Board lacked jurisdiction to consider his complaint regarding internal union affairs.

The union requested that the applicant be directed to file a fresh application so it could raise a timeliness defence.

The Board dismissed the application, noting it disclosed no cause of action under the Act as it concerned only internal union workings and not the applicant's representation in relation to an employer.

Leslie Arthur Swan v. Local Union 46, 2000 CanLII 13430

Board directs representation vote in displacement application for certification.

The applicant trade union applied for certification to displace the intervenor as the bargaining agent for employees of the responding party.

The Board found that the applicant is a trade union and that not less than forty percent of the individuals in the proposed bargaining unit were members of the applicant.

The Board directed that a representation vote be taken among the eligible employees in the voting constituency to determine whether they wish to be represented by the applicant or the intervenor.

International Union of Operating Engineers, Local 793 v. Canadian Waste Services Inc., 2000 CanLII 12031

J. A. Ronson

D. A. Patterson

Christopher J. Albertyn

Representation vote directed in displacement application for certification after finding sufficient membership support.

The applicant trade union filed a displacement application for certification to represent employees currently represented by the intervenor.

The responding party 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 the numerical difference was not significant and that the applicant established sufficient membership support (not less than 40%) to obtain a representation vote.

The Board directed that a representation vote be taken.

International Union of Operating Engineers, Local 793 v. Canadian Waste Services Inc., 2000 CanLII 12030

R. R. Montague

J. A. Rundle

Christopher J. Albertyn

OLRB issues orders incorporating Minutes of Settlement resolving unfair labour practice and decertification applications.

The union and the employer reached Minutes of Settlement to resolve protracted litigation involving unfair labour practice complaints, a related employer application, and a decertification application.

The settlement included a $100,000 payment by the employer to the union, the counting of ballots in the decertification vote, and the adjournment of the union's applications.

The Ontario Labour Relations Board issued declarations and orders incorporating the terms of the settlement and retained jurisdiction to deal with any issues relating to its interpretation or implementation.

United Food and Commercial Workers Union, Local 175/633 v. Birrsa Holdings Inc., 2000 CanLII 13364

J. A. Rundle

D. A. Patterson

Christopher J. Albertyn

Representation vote directed in union certification application.

The applicant trade union applied for certification to represent employees of the responding party.

The Ontario Labour Relations Board found that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members.

The Board directed a representation vote and ordered that ballots of individuals in disputed positions be segregated.

Local Union 636 of the International Brotherhood of Electrical Workers v. Kanata Hydro Electric Commission, 2000 CanLII 9976

J. A. Rundle

D. A. Patterson

Christopher J. Albertyn

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

The applicant union 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.

IWA Canada, Local 1000 v. Johnson, 2000 CanLII 7584

Christopher J. Albertyn

Employment standards review resolved by settlement; trust funds disbursed to employer and employee.

The 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 adjudicator ordered the $9,000 held in trust by the Director to be disbursed as follows: $4,000 to the employer, $4,000 to the employee, and $1,000 retained by the Consolidated Revenue Fund as an administration fee.

The matter was deemed terminated subject to the Ministry of Labour requesting a hearing within ten days.

Del Equipment, A Division of Diesel Equipment Limited v. Richard Charron and Ministry of Labour, 2000 CanLII 7148

J. A. Ronson

D. A. Patterson

Christopher J. Albertyn

Union certification granted following a successful representation vote.

The applicant union applied for certification.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statement of desire to make representations filed, the Ontario Labour Relations Board ordered that a certificate issue to the applicant for the agreed-upon bargaining unit.

Canadian Union of Public Employees v. Sarnia and District Association for Community Living, 2000 CanLII 13237

J. A. Ronson

D. A. Patterson

Christopher J. Albertyn

Representation vote directed for proposed bargaining unit of Sears Canada employees.

The applicant trade union applied for certification to represent a bargaining unit of employees at a Sears Canada Inc. location.

The responding party disputed the proposed bargaining unit and the number of employees, giving notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the applicant established sufficient membership support to warrant a representation vote and directed that a vote be held.

The majority of the Board scheduled the vote for June 9, 2000, to ensure adequate notice and maximize employee participation, with one Board member dissenting on the vote date.

United Steelworkers of America v. Sears Canada Inc., 2000 CanLII 11298

J. A. Ronson

D. A. Patterson

Christopher J. Albertyn

Certification application dismissed after union failed to win majority in representation vote.

The applicant union applied for certification.

Following a representation vote where not more than 50% of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.

A one-year bar on further certification applications by the applicant for this bargaining unit was imposed.

Unite Ontario Council v. Liz Claiborne (Canada) Limited, 2000 CanLII 12993

G. Pickell

OLRB0 cases1998–2001

Christopher J. Albertyn

A. Haward

OLRB0 cases1998–2001

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

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

On consent of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Walter & SCI Construction (Canada) Ltd., 2000 CanLII 10193

Christopher J. Albertyn

Extension of time to file reconsideration request denied due to lack of exceptional circumstances.

The applicant employer requested an extension of time to file a reconsideration request of a decision made under section 68 of the Employment Standards Act.

The request was filed well outside the 20-day period stipulated in Board Rule 96.

Finding no exceptional circumstances to justify the delay, the Board denied the request.

1281419 Ontario Limited o/a Denley’s Bar & Grill v. Linda Watters et al, 2000 CanLII 13236

J. A. Ronson

D. A. Patterson

Christopher J. Albertyn

Representation vote directed in union certification application after finding sufficient membership support.

The applicant trade union applied for certification to represent employees of the responding party.

The responding party disputed 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 applicant's proposed bargaining unit could be appropriate and that the applicant had established sufficient membership support.

The Board directed that a representation vote be taken.

United Steelworkers of America v. Century Heating Products Ltd., 2000 CanLII 11295

J. A. Ronson

D. A. Patterson

Christopher J. Albertyn

Application withdrawn with leave of the Board.

The applicants sought to withdraw their application against the Canadian Union of Public Employees and its Local 2842.

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

Kirsty Kohler v. Canadian Union of Public Employees and its Local 2842, 2000 CanLII 6332

J. A. Ronson

D. A. Patterson

Christopher J. Albertyn

Union decertified following representation vote; related applications withdrawn.

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 Teamsters Local Union 938 no longer represents the employees of Burnham (Canada) Ltd. Pursuant to minutes of settlement, related unfair labour practice and first contract applications were withdrawn.

Teamsters Local Union 938 v. Burnham (Canada) Ltd., 2000 CanLII 8138

R. R. Montague

J. A. Rundle

Christopher J. Albertyn

OLRBOntario Labour Relations BoardMay 31, 2000

Application withdrawn by consent under Minutes of Settlement.

The applicant union sought to withdraw its application against the responding party employer.

By consent under Minutes of Settlement, the Ontario Labour Relations Board granted leave to withdraw the application.

Ontario Public Service Employees’ Union v. Centre for Addiction and Mental Health, 2000 CanLII 1352

R. R. Montague

J. A. Rundle

Christopher J. Albertyn