Christopher J. Albertyn

OLRBOntario Labour Relations BoardSep 24, 2001

Board grants declaration that applicant union acquired collective bargaining rights of predecessor union.

The applicant 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 with respect to employees of the responding party employer.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and the withdrawal of previous objections, the Board granted the declaration.

The Board declared that the applicant acquired the collective bargaining rights of the predecessor union by transfer of jurisdiction for the specified bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 183, 2001 CanLII 13309

Christopher J. Albertyn

OLRBOntario Labour Relations BoardSep 24, 2001

Declaration granted confirming applicant union acquired bargaining rights of predecessor union following successful representation vote.

The applicant 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 union.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Board granted the application.

The Board declared that the applicant acquired the collective bargaining rights of the predecessor union by transfer of jurisdiction for the specified bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 210, 2001 CanLII 20181

Christopher J. Albertyn

OLRBOntario Labour Relations BoardSep 21, 2001

Employer's request for reconsideration of union certification denied; union promises of better conditions during organizing are not unlawful.

The responding party employer requested reconsideration of a Board decision certifying the union following a successful representation vote.

The employer argued that the union improperly pressured employees by promising significantly larger projects and greater job security, and noted that two employees resigned a month after the vote.

The Board dismissed the request, finding that a union's promise of better conditions during an organizing campaign is not unlawful, and the subsequent resignations did not indicate any unlawfulness.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Bradmar Contracting Inc. c.o.b. Metro Lawn Sprinklers, 2001 CanLII 11765

Christopher J. Albertyn

Board declares CAW-Canada the successor union to SEIU Local 220 following a successful representation vote.

The applicant union, CAW-Canada, applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of the predecessor union, SEIU Local 220, with respect to a bargaining unit at St. Thomas-Elgin General Hospital.

Following a representation vote where more than fifty percent of the ballots were cast in favour of CAW-Canada, the Board granted the application and issued the declaration.

The SEIU is no longer the bargaining agent for the unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 8846

Christopher J. Albertyn

Declaration granted transferring bargaining rights to the applicant union following a successful representation vote.

The applicant 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 union.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Board granted the declaration.

The predecessor union is no longer the bargaining agent for the bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 11754

Panel recused itself after dispute arose over breach of mediated settlement agreement regarding document production.

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

During the proceedings, the panel assisted the parties in reaching Minutes of Settlement regarding the production and copying of documents, which required the applicant to pay $1,000 to each responding party by a specified date.

The applicant defaulted on the payment deadline, prompting the responding parties to seek dismissal of the application.

Because the panel members had been involved in mediating the settlement, they expressed concern about the impact of the dispute on the mediation process and decided to recuse themselves.

The matter was adjourned and referred to the Registrar for assignment to a new panel to determine the consequences of the breach.

United Brotherhood of Carpenters and Joiners of America, Lake Ontario District Council v. Lardale Construction, 2001 CanLII 17222

G. Pickell

Christopher J. Albertyn

A. Haward

Application adjourned on consent of the parties.

The parties agreed to adjourn the application.

The Ontario Labour Relations Board ordered the matter adjourned to November 26, 28, and December 17, 2001, and referred it to the Registrar.

International Brotherhood of Electrical Workers, Local 894 v. Babcock & Wilcox Canada, 2001 CanLII 20101

Christopher J. Albertyn

Board granted declaration of successor union rights following a successful representation vote.

The applicant union applied for a declaration of successor rights under section 68 of the Labour Relations Act, 1995, claiming it acquired the rights of the predecessor union.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Board granted the declaration.

The applicant acquired the collective bargaining rights for the retirement home employees of the responding party employer.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 13079

Christopher J. Albertyn

OLRBOntario Labour Relations BoardSep 17, 2001

CAW-Canada declared successor trade union following successful representation vote.

Following a representation vote where more than fifty percent of the ballots were cast in favour of CAW-Canada, and with no representations filed by the parties, the Board granted the application.

The Board declared CAW-Canada the successor trade union for the bargaining unit of Registered Practical Nurses employed by the responding party employer.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 8833

Christopher J. Albertyn

OLRBOntario Labour Relations BoardSep 10, 2001

Application withdrawn by leave of the Board pursuant to Minutes of Settlement.

The applicant union sought to withdraw its application pursuant to Minutes of Settlement concluded by the parties.

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

Labourers’ International Union of North America, Local 1059 v. Loblaws Properties Limited, 2001 CanLII 14137

G. Pickell

Christopher J. Albertyn

A. Haward

OLRBOntario Labour Relations BoardSep 10, 2001

Union decertified following a representation vote and minutes of settlement.

The applicant applied to terminate the bargaining rights of the responding party union.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and the conclusion of Minutes of Settlement, the Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer in the specified bargaining unit.

Wieslaw Wierzba v. Carpenters and Allied Workers Local 27, 2001 CanLII 10052

Christopher J. Albertyn

OLRBOntario Labour Relations BoardSep 6, 2001

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.

Labourers’ International Union of North America, Local 837 v. UCC Group Inc., 2001 CanLII 3530

Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 31, 2001

Procedural direction issued setting deadline for response and intervention.

The Ontario Labour Relations Board issued a procedural direction allowing the responding party and The Hudson Bay Company to file their response or intervention by September 10, 2001.

Wayne Morton v. BBS Building Services Inc., 2001 CanLII 9775

Christopher J. Albertyn

Board grants declaration that CAW-Canada acquired successor union rights from SEIU Local 220 following representation vote.

Following a representation vote where more than fifty percent of the ballots were cast in favour of CAW-Canada, the Ontario Labour Relations Board granted the declaration.

The Board declared that CAW-Canada acquired the collective bargaining rights of SEIU Local 220 for the specified bargaining unit at the employer's apartment complex in London, Ontario.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 16129

Christopher J. Albertyn

Applicant union declared successor trade union following successful representation vote.

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.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no representations filed, the Board granted the application.

The Board declared that the applicant acquired the collective bargaining rights of the predecessor union by transfer of jurisdiction.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 210, 2001 CanLII 20301

Christopher J. Albertyn

Applicant union declared successor trade union after winning representation vote.

The applicant 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 union.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no representations filed by the parties, the Board granted the application.

The Board declared that the applicant acquired the collective bargaining rights for the bargaining unit, and that the predecessor union is no longer the bargaining agent.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 183, 2001 CanLII 12060

Christopher J. Albertyn

Board grants declaration of successor trade union rights following a successful representation vote.

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.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no representations filed by the parties, the Board granted the declaration.

The Board declared that the applicant acquired the collective bargaining rights of the predecessor union by transfer of jurisdiction for the specified bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 10473

R. R. Montague

OLRB0 cases1986–2001

J. A. Ronson

OLRB0 cases1980–2001

Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 27, 2001

Application withdrawn with leave of the Board; scheduled hearing dates cancelled.

The applicant, Community Living Mississauga, sought to withdraw its application against the Ontario Public Service Employees Union and its Local 251.

The Ontario Labour Relations Board granted leave to withdraw the application and cancelled the previously scheduled hearing dates.

Community Living Mississauga v. Ontario Public Service Employees Union and its Local 251, 2001 CanLII 9555

Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 22, 2001

Successor rights application dismissed after majority of employees voted in favour of the incumbent union.

The applicant trade union brought an application under section 68 of the Labour Relations Act, 1995 for a declaration that it had acquired the successor rights, privileges, and duties of the responding trade union.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the responding trade union, the Board declared that the applicant had not acquired the collective bargaining rights.

The successor rights application was dismissed, and the responding trade union continues as the bargaining agent for the employees in the bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 183, 2001 CanLII 14205

Christopher J. Albertyn