Christopher J. Albertyn

Successor rights application dismissed after representation vote favoured the incumbent trade union.

The applicant trade union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it had acquired the collective bargaining rights of the responding party trade union.

A representation vote was held, and more than fifty per cent of the ballots were cast in favour of the responding party trade union.

The Board declared that the applicant had not acquired the bargaining rights and dismissed the successor rights application.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 183, 2001 CanLII 17507

Christopher J. Albertyn

CAW-Canada declared successor trade union following 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 bargaining rights of the predecessor union, SEIU Local 210.

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 declared CAW-Canada the successor trade union for the bargaining unit at Hotel Dieu Grace Hospital Villa Maria.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 210, 2001 CanLII 15504

Christopher J. Albertyn

Declaration of successor trade union rights granted 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, 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 at the responding party employer.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 210, 2001 CanLII 9094

Christopher J. Albertyn

CAW-Canada declared successor trade union to SEIU Local 210 following 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 bargaining rights of the predecessor union, SEIU Local 210, in respect of employees at Chateau Park Nursing Home.

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

The Board declared that CAW-Canada acquired the collective bargaining rights, privileges, and duties of SEIU Local 210 by transfer of jurisdiction, and that SEIU Local 210 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 210, 2001 CanLII 9396

Christopher J. Albertyn

Declaration granted confirming applicant union acquired successor rights 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 specified bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 210, 2001 CanLII 11045

Christopher J. Albertyn

Successor rights application dismissed after representation vote favoured the predecessor union.

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 183).

Following a representation vote where more than fifty percent of the ballots were cast in favour of the SEIU, the Ontario Labour Relations Board dismissed the successor rights application.

The SEIU continues to be 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 18265

Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 20, 2001

Board refers three related files to a Labour Relations Officer for mediation.

The Ontario Labour Relations Board referred three related files to the Manager, Field Services for the appointment of a Labour Relations Officer to meet with the parties.

The Board recommended that the same officer be appointed for all three files and directed that the matters be scheduled for hearing in consultation with the parties.

International Union of Operating Engineers, Local 793 v. Yukon Construction Inc., 2001 CanLII 12911

Christopher J. Albertyn

Board sets termination application and construction grievance down for hearing without consolidating them.

The applicant filed a termination application seeking to decertify the union, and a representation vote was held where two individuals voted against continued representation.

The union also referred a construction grievance to arbitration and sought to have it determined before the termination application.

The Board declined to consolidate the applications or determine the order of proceedings at this stage, instead setting both matters down for a one-day hearing where the assigned panel will determine the manner of proceeding.

Deschamps v. Labourers’ International Union of North America, Local 527A, 2001 CanLII 14668

Union certified as bargaining agent for construction employees following successful representation vote.

The applicant union applied for certification as the bargaining agent for a unit of bricklayers, stonemasons, plasterers, and improvers employed by the responding party in the construction industry.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board issued certificates to the union pursuant to section 160(1) of the Labour Relations Act.

Ontario Provincial Conference of International Union of Bricklayers and Allied Craftworkers v. Fibre Cast Inc., 2001 CanLII 12550

G. Pickell

Christopher J. Albertyn

A. Haward

Representation vote directed in construction industry certification application after employer failed to respond.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party failed to file a response within the stipulated time.

The Board found that the applicant appeared to have the requisite membership support of at least forty percent in the proposed bargaining unit.

The Board defined the appropriate bargaining unit for construction labourers and directed that a representation vote be taken.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Georgian Homes Inc., 2001 CanLII 18198

Christopher J. Albertyn

Intervenor directed to file required form and pay fee to prevent default determination of grievance.

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

The responding party failed to file a Request for Hearing and Notice of Intent to Defend/Participate, entitling the applicant to request a default determination.

The intervenor sought to participate but did not file the required form or pay the filing fee.

The Board directed that if the intervenor wished to prevent a default determination, it must file the required form and pay the fee by a specified date, failing which the applicant's request for a default determination would be considered.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. The On-Site Group Inc., 2001 CanLII 12009

Christopher J. Albertyn

Board scheduled union termination application and construction grievance to be heard on the same day.

The Board issued a procedural direction regarding a union termination application and a construction industry grievance.

The union requested that the construction grievance be determined before the termination application, arguing it was necessary to resolve voter eligibility issues.

The Board found no apparent dependency between the two matters but scheduled both applications to be heard on the same day, leaving the manner of proceeding to be determined by the panel assigned to the hearing.

Deschamps v. Labourers’ International Union of North America, Local 527A, 2001 CanLII 11582

Christopher J. Albertyn

Employer ordered to provide breakdown of statutory deductions or face dismissal of its application for review.

The employer filed an Application for Review of an Order to Pay under the Employment Standards Act.

The Board previously directed the employer to provide a breakdown of statutory deductions to account for the difference between the Order amount and the amount submitted to the Director.

The employer failed to provide the information.

The Board ordered the employer to provide the requested information by August 31, 2001, failing which the application would be dismissed.

1358245 Ontario Inc. Image Laser Care Centres v. Jacqueline Schofield and Ministry of Labour, 2001 CanLII 13818

Christopher J. Albertyn

Application for review of ESA Order to Pay dismissed for failure to pay amount into trust.

The applicant sought a review of an Order to Pay in the amount of $1,477,025.12.

The Board previously directed the applicant to pay the amount into trust or provide an irrevocable letter of credit by August 16, 2001, failing which the application would be dismissed.

The applicant failed to do so.

Consequently, the application for review was dismissed, despite the Board noting that on the face of the documents, it seemed unlikely the applicant was in fact an employer liable in respect of the Order.

Douglas Quirt v. The King’s Health Centre Corporation, 2001 CanLII 21126

Christopher J. Albertyn

Board declares applicant the successor 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 with respect to a bargaining unit at the responding party employer's hospital.

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

The predecessor union 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 14960

Christopher J. Albertyn

Parties directed to resolve bargaining unit description following successful representation vote in successor rights application.

The applicant union was successful in a representation vote for a successor rights application under section 68 of the Labour Relations Act, 1995.

The Board directed the employer and the applicant union to attempt to resolve the precise description of the bargaining unit, and if unable to do so, to file representations by August 31, 2001.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 15144

Christopher J. Albertyn

Extension of time granted for late filing of an employment standards review application.

The applicant filed an application for review of an Order to Pay under the Employment Standards Act on an incorrect form.

After receiving the correct form, the applicant submitted it two days late.

The Board granted an extension of time to file the application, noting the minimal delay, lack of prejudice to the responding parties, and the applicant's clear intention to seek review.

I.P.C. International Products Company v. Ruth Ann MacLean and Ministry of Labour, 2001 CanLII 21176

Christopher J. Albertyn

CAW-Canada declared successor union after winning 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 183.

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

The Board declared that CAW-Canada acquired the collective bargaining rights for the specified bargaining unit at Trent Valley Lodge Ltd., and that SEIU 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 12432

Christopher J. Albertyn

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

United Brotherhood of Carpenters and Joiners of America, Local 1946 v. 1172270 Ontario Inc. c.o.b. as Barwood Flooring, 2001 CanLII 6699

Christopher J. Albertyn