D. A. Patterson

D. A. Patterson

OLRBOntario Labour Relations BoardDec 19, 2000

Application withdrawn with leave of the Board on agreement of the parties.

The applicant union sought to withdraw its application.

Having regard to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

Canadian Union of Public Employees, Local 4374 v. 1138036 Ontario Ltd., c.o.b. as the Walford, 2000 CanLII 3083

Patrick Kelly

OLRB0 cases1999–2019

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardDec 19, 2000

Application withdrawn with leave of the Board on agreement of the parties.

The applicant sought to withdraw the application with the agreement of the responding parties.

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

Fisher v. Barrington, 2000 CanLII 4878

P. Straszynski

6 cases1994–2000

M. A. Nairn

OLRB0 cases1989–2001

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardDec 18, 2000

Hearing on preliminary jurisdictional issue regarding defamation damages adjourned to be heard with full merits.

The applicant employer brought an application under section 96 of the Labour Relations Act, 1995, alleging violations of sections 17 and 76 by the responding union.

The applicant sought to amend its application to add a claim for damages in the nature of common law damages for defamation, raising a preliminary jurisdictional issue.

On the hearing date, proceedings were interrupted by a fire drill.

The Board adjourned the hearing, noting that the jurisdictional issue regarding defamation damages would be better addressed in the context of the full facts underlying the conduct complained of.

The matter was referred to the Registrar to schedule four days of hearing for all outstanding issues.

Caressant Care Nursing and Retirement Homes Limited v. Service Employees International Union, Local 220, 2000 CanLII 6320

Laura Trachuk

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardDec 13, 2000

Union certification granted following a successful representation vote.

The applicant union applied for certification to represent a bargaining unit of employees at the responding party's bakery.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Board found the applicant to be a trade union under the Labour Relations Act, 1995.

The Board directed that a certificate issue to the applicant and cancelled previously set meeting and hearing dates.

Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, Local 264 v. Weston Bakeries Limited, 2000 CanLII 10436

Laura Trachuk

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardDec 13, 2000

Union certification granted following a successful representation vote by employees.

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

A representation vote was held, and more than fifty percent of the ballots were cast in favour of the applicant.

No statement of desire to make representations was filed following the vote.

The Ontario Labour Relations Board found the agreed-upon bargaining unit appropriate and directed that a certificate issue to the applicant.

Communications, Energy and Paperworkers Union of Canada v. Union Energy Inc., 2000 CanLII 6731

Laura Trachuk

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardDec 12, 2000

Board directs submissions on timeliness of termination application filed before 30 days elapsed from 'no board' report.

The applicants filed an application for termination of bargaining rights.

The responding union claimed the application was untimely under s. 67(2)(c) of the Labour Relations Act, 1995, as 30 days had not elapsed since the issuance of a 'no board' report.

The union also alleged procedural defects in service.

The Board directed the applicants to file submissions on the timeliness and service issues before deciding whether to process the application further.

Carcamo v. Service Employees’ International Union, Local 204 AFL-CIO, CLC, 2000 CanLII 10179

Laura Trachuk

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardDec 12, 2000

Representation vote directed for part-time academic staff and librarians at Wilfrid Laurier University.

The applicant trade union applied for certification to represent part-time contract academic staff and part-time professional librarians at Wilfrid Laurier University.

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

The Board directed that a representation vote be held on December 14, 2000, and defined the voting constituency.

Wilfrid Laurier University Faculty Association v. Wilfrid Laurier University, 2000 CanLII 10019

J. A. Rundle

D. A. Patterson

Caroline Rowan

Deadline for filing responding material extended to December 15, 2000.

The Ontario Labour Relations Board granted a request by counsel for the Service Employees International Union, Local 204, to extend the deadline for filing its responding material to December 15, 2000.

Service Employees International Union, Local 268 v. Algoma District Services Administration Board, 2000 CanLII 6795

J. A. Ronson

D. A. Patterson

Caroline Rowan

Board directs applicant union to respond to employer's timeliness objection within five days.

The applicant union filed an application before the Ontario Labour Relations Board.

The responding employer raised allegations in its response, specifically claiming that the application was untimely because a collective agreement was already in force with another union.

The Board directed the applicant to respond to these allegations within five days.

Teamsters Local Union 91 v. Glopak Inc., 2000 CanLII 9979

J. A. Rundle

D. A. Patterson

Caroline Rowan

Representation vote directed for proposed unit of volunteer firefighters with ballot box sealed pending status disputes.

The applicant trade union applied for certification to represent a bargaining unit of volunteer firefighters employed by the responding party municipality.

The responding party disputed the applicant's estimate of the number of employees in the proposed unit and gave notice under section 8.1 of the Labour Relations Act, 1995, arguing that none of the individuals met the definition of 'volunteer firefighter' under the Fire Protection and Prevention Act, 1997.

The Board found the proposed unit could be appropriate and directed a representation vote, ordering that the ballot box be sealed until the disputes regarding the bargaining unit description and employee status are resolved.

IWA - Canada v. Corporation of the Town of Hawkesbury, 2000 CanLII 6509

J. A. Rundle

D. A. Patterson

Caroline Rowan

Board directed compliance with a prior document production order but declined to halt employer consultations.

The applicants sought a declaration of a sale of business from the responding health care group to a children's hospital.

In this interlocutory decision, the applicants requested that the Board direct the responding parties to comply with a previous document production order and to stop planned consultations with staff until compliance.

The Board directed compliance with the production order by December 18, 2000, but declined to order a stop to the consultations in the context of the sale of business applications.

Canadian Union of Public Employees, Local 942 v. Royal Ottawa Health Care Group/Service de Santé Royal Ottawa, 2000 CanLII 9277

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

Request to be added as a party denied because a decision had already been rendered.

The City of Kawartha Lakes requested to be made a party to an application for certification.

The Board denied the request because a vote had already been held and a decision rendered in the matter.

Canadian Union of Public Employees v. 564833 Ontario Inc., 2000 CanLII 6136

J. A. Ronson

D. A. Patterson

Caroline Rowan

Board directs representation vote for proposed bargaining unit of social workers and respiratory care practitioners.

The Ontario Nurses' Association applied for certification to represent a bargaining unit of social workers and registered respiratory care practitioners employed by Lakeridge Health Corporation.

The Ontario Labour Relations Board found that the applicant is a trade union and that the proposed bargaining unit is appropriate.

Finding that at least forty percent of the individuals in the proposed unit were members of the union, the Board directed that a representation vote be taken.

Ontario Nurses’ Association v. Lakeridge Health Corporation, 2000 CanLII 7780

J. A. Ronson

D. A. Patterson

Caroline Rowan

Representation vote directed in displacement application for union certification.

The applicant trade union filed a displacement application for certification.

The Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that it appeared to have the requisite membership support.

The Board directed that a representation vote be taken of the individuals in the voting constituency, with voters asked to choose between the applicant and the intervenor.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Lennox and Addington Interval Home, 2000 CanLII 7704

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

Union certification application dismissed after failing to secure majority support 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, and no statement of desire to make representations was filed, the Ontario Labour Relations Board dismissed the application.

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

International Union of Operating Engineers Local 772 v. Brookfield Lepage Johnson Controls Facility Management Services Ltd., 2000 CanLII 2946

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

Union certification granted after successful representation vote.

The applicant union applied for certification.

A representation vote was held, and more than 50% of the ballots were cast in favour of the applicant.

No statement of desire to make representations was filed.

The Board found the agreed-upon bargaining unit appropriate and directed that a certificate issue to the applicant.

Service Employees International Union, Local 204 v. JAV Residences Ltd., 2000 CanLII 8854

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

Board denied request to reschedule hearing, directing written submissions on certification and spoiled ballots.

In an application for certification, the employer requested that the Board reschedule a hearing.

The Board found no necessity for a hearing as the facts were not in dispute, specifically regarding whether spoiled ballots should be considered as 'ballots cast'.

Noting previous jurisprudence that spoiled ballots are not considered 'ballots cast', the Board directed the responding party to file written submissions as to why the applicant should not be certified, with the applicant given an opportunity to reply.

International Union of Operating Engineers, Local 772 v. Brookfield Lepage Johnson Controls Facility Management Services Ltd., 2000 CanLII 7527

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

Union certified as bargaining agent following successful representation vote among cleaning and maintenance employees.

The applicant union applied for certification to represent cleaning and maintenance employees of the responding party.

Following a representation vote where more than fifty percent 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 certified the union as the bargaining agent for the agreed-upon bargaining unit.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Hurley Corporation, 2000 CanLII 7285

J. A. Ronson

D. A. Patterson

Caroline Rowan