Christopher J. Albertyn

J. A. Rundle

Christopher J. Albertyn

Representation vote directed in union certification application despite dispute over bargaining unit composition.

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

The Board found that the applicant is a trade union and established sufficient membership support in its proposed bargaining unit to warrant a representation vote.

Despite a dispute over the exact composition of the bargaining unit, the Board directed that a representation vote be taken, with ballots from disputed positions to be segregated.

Teamsters Local Union 91 v. Komtech Inc., 2000 CanLII 11260

R. R. Montague

J. A. Rundle

Christopher J. Albertyn

Representation vote directed for proposed paramedic bargaining unit with ballot box sealed pending objections.

The applicant trade union applied for certification to represent a bargaining unit of paramedic employees of the responding party.

The responding party and the intervenor raised several objections, including that the responding party was not the employer, the unit was inappropriate, and the application was untimely.

The Ontario Labour Relations Board found that the applicant appeared to have the requisite 40 percent membership support and directed that a representation vote be taken.

Due to the objections, the Board ordered that the ballot box be sealed and the ballots not be counted until the disputes were resolved.

Ontario Public Service Employees Union v. City of Hamilton / Region of Hamilton-Wentworth, 2000 CanLII 11301

R. R. Montague

J. A. Rundle

Christopher J. Albertyn

Application withdrawn with leave of the Board.

The applicant, Lise Roy, sought to withdraw her application against the Canadian Union of Public Employees and its Local 8888.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Lise Roy v. Canadian Union of Public Employees and its Local 8888, 2000 CanLII 7255

R. R. Montague

J. A. Rundle

Christopher J. Albertyn

Board declared a sale of business by consent and ordered a representation vote between two unions.

The applicant union filed an application under section 69 and subsection 1(4) of the Labour Relations Act, 1995.

The parties reached an agreement and filed Minutes of Settlement.

By consent, the Board declared that a sale of a business had occurred from North Cochrane District Family Services, Nee-Gi-Nan, and Jeanne Sauve Centre to Jeanne Sauve Family Services, and that intermingling of employees had taken place.

The Board ordered a representation vote to determine whether the employees wish to be represented by OPSEU or OPEIU.

Ontario Public Service Employees Union v. North Cochrane District Family Services, 2000 CanLII 11827

R. R. Montague

J. A. Rundle

Christopher J. Albertyn

Union certification granted following a successful representation vote among after-school program employees.

The applicant union applied for certification to represent employees of the responding party's after-school program.

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

Canadian Union of Public Employees v. Runnymede Hooters After School Programme, 2000 CanLII 3383

J. A. Rundle

H. Peacock

Christopher J. Albertyn

OLRBOntario Labour Relations BoardMay 30, 2000

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification as the bargaining agent for employees of the responding party.

Alliance Employees’ Union v. Agriculture Union - P.S.A.C., 2000 CanLII 2751

Christopher J. Albertyn

Request for reconsideration of dismissed union complaint denied for lack of new information or persuasive reasons.

The applicant requested reconsideration of a previous Board decision that dismissed her complaint against the union.

The Board found that the applicant provided no new information or persuasive reasons to justify re-opening the matter.

The request for reconsideration was dismissed.

Roseann Coppins v. National Automobile, Aerospace and Agricultural Implement Workers Union of Canada (CAW-Canada), Local 222, 2000 CanLII 6836

J. A. Rundle

H. Peacock

Christopher J. Albertyn

Unfair labour practice complaint withdrawn by leave of the Board following settlement.

The applicant union filed an unfair labour practice complaint under section 96 of the Labour Relations Act, 1995.

The parties subsequently concluded Minutes of Settlement to resolve the matter.

The Ontario Labour Relations Board granted leave for the application to be withdrawn.

Ontario Public Service Employees’ Union v. Community Care Access Centre in Renfrew County, 2000 CanLII 13488

Christopher J. Albertyn

Unfair labour practice application withdrawn by consent following settlement.

The applicant union filed an unfair labour practice application against the responding party employer under section 96 of the Labour Relations Act, 1995.

The parties concluded Minutes of Settlement to resolve the matter.

By consent, the application was withdrawn by leave of the Board.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Nash Engineering Company of Canada Ltd., 2000 CanLII 12439

Christopher J. Albertyn

Unfair labour practice application withdrawn by consent following Minutes of Settlement.

The applicant union filed an unfair labour practice application under section 96 of the Labour Relations Act, 1995.

The parties subsequently concluded Minutes of Settlement to resolve the matter.

By consent, the Board granted leave for the application to be withdrawn.

Service Employees Union Local 268 v. Janice Clement and Comcare (Canada) Ltd., 2000 CanLII 12438

J. A. Rundle

H. Peacock

Christopher J. Albertyn

Application withdrawn with leave of the Board.

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

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

Karyn Smith-Cunningham v. Teamsters, Chauffeurs, Warehousemen and Helpers, Local Union No. 141, 2000 CanLII 4764

J. A. Rundle

H. Peacock

Christopher J. Albertyn

Board directs representation vote in certification application despite employer's dispute over bargaining unit composition.

The applicant trade union filed an application for certification.

The Board found that the applicant is a trade union under the Labour Relations Act, 1995 and that it established sufficient membership support in its proposed bargaining unit to warrant a representation vote.

Despite the responding party's dispute regarding the bargaining unit estimate and description, the Board directed that a representation vote be taken among the eligible employees.

Ballots of individuals in disputed positions (service writers/advisers and shuttle bus drivers) were ordered to be segregated.

National Automobile, Aerospace, Transportation & General Workers Unin of Canada (CAW-Canada) v. Turpin Pontiac Buick GMC Saturn Saab Isuzu Group of Companies, 2000 CanLII 5764

Mike McCreary

20 cases1991–2019

Luigi Caringi

3 cases2000–2000

G. Pickell

Christopher J. Albertyn

A. Haward

Board issued an arrest warrant for a responding party's principal who willfully ignored a summons.

The applicant referred a grievance to the Board.

The principal of the responding party failed to appear at the hearing despite being personally served with a summons and conduct money.

The Board found that the principal willfully failed to comply with the summons.

The Board ordered a warrant for his arrest to bring him to the next hearing date and directed him to bring the required documents.

Drywall Acoustic Lathing and Insulation Local 675 v. Simplex Drywall Limited, 2000 CanLII 13591

G. Pickell

Christopher J. Albertyn

A. Haward

Consent order issued for employer to pay outstanding benefit remittances and costs following grievance settlement.

The applicant union referred a grievance to the Ontario Labour Relations Board alleging that the responding party employer violated the collective agreement by failing to remit benefits and issuing an NSF cheque.

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

The Board issued declarations that the employer was bound by the collective agreement and had violated it, and ordered the employer to pay $2,656.18 in damages and $214.00 in costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Peelco Construction Services Limited, 2000 CanLII 10286

G. Pickell

Christopher J. Albertyn

A. Haward

Consent order issued declaring employer violated collective agreement by failing to pay benefits and ordering payment.

The applicant union referred a grievance to the Ontario Labour Relations Board alleging that the responding party employer violated the provincial collective agreement by failing to pay benefits dues, contributions, and deductions.

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

The Board issued the requested declarations, finding the employer bound by the collective agreement and in violation of it.

The Board ordered the employer to pay $467.00 in costs and all outstanding benefits dues, contributions, and deductions.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Emmer Drywall & Acoustics Ltd., 2000 CanLII 8032

Mike McCreary

20 cases1991–2019

Luigi Caringi

3 cases2000–2000

G. Pickell

Christopher J. Albertyn

A. Haward

Board issues warrant for arrest of responding party's principal for failing to attend hearing despite summons.

The applicant referred a grievance to the Ontario Labour Relations Board.

The principal of the responding party failed to appear at the hearing despite being personally served with a summons and conduct money.

Finding that the principal was willfully not complying with the summons, the Board ordered that a warrant for his arrest be issued and that he be brought to the next hearing date.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investors and Builders Ltd., 2000 CanLII 13590

Mike McCreary

20 cases1991–2019

Luigi Caringi

3 cases2000–2000

G. Pickell

Christopher J. Albertyn

A. Haward

Board issued an arrest warrant for a responding party's principal who willfully ignored a summons.

The applicant union referred a grievance to the Ontario Labour Relations Board.

The principal of the responding party failed to appear at the hearing despite being personally served with a summons and conduct money.

Finding that the principal willfully failed to comply with the summons, the Board issued a warrant for his arrest to compel his attendance at the rescheduled hearing and ordered him to produce the required documents.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Simplex Drywall Limited, 2000 CanLII 12389

Murray Baker

1 case2000–2000

Bruce Arnott

15 cases1999–2011

Christopher J. Albertyn

OLRBOntario Labour Relations BoardMay 24, 2000

Tree nursery producing seedlings for forestry industry is silviculture, not an exempt farming operation.

The employer appealed orders issued by a Ministry of Labour inspector under the Occupational Health and Safety Act, arguing its tree nursery business was a farming operation exempt from the Act.

The Ministry contended the operation fell under the definition of 'logging' as it involved the practice of silviculture.

The Board found that the employer's business of cultivating seedlings primarily for the forestry and logging industry constituted silviculture.

Consequently, the operation was deemed an industrial establishment covered by the Act, and the appeal was dismissed.

AquaNorth Farms Inc., o/a AquaNorth Forest Nurseries v. Michele Belanger, 2000 CanLII 12394

G. Pickell

Christopher J. Albertyn

A. Haward