D. A. Patterson

J. A. Ronson

D. A. Patterson

Union certification application dismissed after applicant conceded it lacked the requisite 40 percent membership support.

The applicant union filed an application for certification.

The responding party employer filed a timely notice under section 8.1 of the Labour Relations Act, 1995, disputing the union's estimate of the number of individuals in the bargaining unit.

Prior to the scheduled representation vote, the union conceded that it did not have the requisite 40 percent membership support.

The Ontario Labour Relations Board dismissed the application pursuant to section 8.1(5) paragraph 7 of the Act and cancelled the scheduled vote.

United Food and Commercial Workers International Union v. Salga Associates, 2000 CanLII 3408

Stephen Raymond

J. A. Ronson

D. A. Patterson

Union's bargaining rights terminated after it advised the Board it no longer wished to represent employees.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The union advised the Board in writing that it no longer wished to represent the employees in the bargaining unit.

Pursuant to section 63(17) of the Act, the Board declared that the union no longer represents the employees.

Kate Knox v. United Steelworkers of America, 2000 CanLII 10898

Stephen Raymond

J. A. Ronson

D. A. Patterson

Union application dismissed after representation vote failed to secure majority support.

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

Following a representation vote, not more than fifty percent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party.

As no statement of desire to make representations was filed, the Board dismissed the application and cancelled the previously set meeting and hearing dates.

Canadian Union of Operating Engineers and General Workers v. William Neilson Ltd., 2000 CanLII 7504

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

Extension of time granted to file a response before the Ontario Labour Relations Board.

The applicant, The Corporation of the Municipality of Campbellford/Seymour, filed an application before the Ontario Labour Relations Board.

Counsel for the responding party, the International Brotherhood of Electrical Workers, Local 636, requested an extension of time to file a response.

The Board granted the request, extending the deadline to October 16, 2000.

The Corporation of the Municipality of Campbellford/Seymour v. Local 636 of the International Brotherhood of Electrical Workers, AFL-CIO-CFL (Campbellford Unit), 2000 CanLII 6686

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

Extension of time to file a response granted to the responding party.

The responding party requested an extension of time to file a response.

The Ontario Labour Relations Board granted the request, finding that the extension was warranted in the circumstances and would not unduly prejudice the applicant.

The deadline to file a response was extended to October 26, 2000.

Sergio Pantarotto v. International Union of Painters & Allied Trades, Local 1891, 2000 CanLII 5135

Stephen Raymond

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardOct 10, 2000

Union decertified after majority of employees voted in opposition in representation vote.

The applicant employee applied to decertify the responding party union.

A representation vote was held, and more than fifty percent of the ballots cast by employees in the bargaining unit were in opposition to the union.

The union had alleged a violation of section 63(16) of the Labour Relations Act, 1995, but all matters in dispute were resolved pursuant to a Memorandum of Settlement.

The Board declared that the union no longer represents the employees of Trillium Funeral Service Corp.

Holly Ann Jensen v. United Food and Commercial Workers Union, Local #175, 2000 CanLII 10238

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardOct 10, 2000

Brian McLean

OLRB0 cases1998–2012

Unfair labour practice complaint regarding wage deductions deferred to grievance arbitration.

The applicant union filed an unfair labour practice complaint under section 96 of the Labour Relations Act, 1995, alleging that the employer violated the Act by unilaterally deducting overpaid wages from employees' paycheques.

The employer requested that the Board dismiss the application without a hearing or defer to the grievance and arbitration procedure.

The Board adjourned the application sine die, deferring the matter to arbitration, as the main dispute involved the Employment Standards Act and alleged breaches of the collective agreement.

Ontario Nurses’ Association v. University Health Network [General, Western and Princess Margaret Site], 2000 CanLII 6843

Stephen Raymond

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardOct 5, 2000

Representation vote ordered in certification application; section 8.1 notice found improper due to agreement on employee estimate.

The applicant trade union applied for certification.

The responding party proposed two bargaining units and gave notice under section 8.1 of the Labour Relations Act, 1995, contending the applicant's proposed unit was not appropriate.

The Board found that because the responding party agreed with the union's estimate of the number of persons in the proposed unit, the section 8.1 notice was not proper.

Finding sufficient membership support, the Board directed a representation vote, with ballots for employees of one of the legal entities to be segregated and counted separately pending a final determination on the appropriate bargaining unit.

A dissenting member would have delayed the vote or sealed the ballot box until the section 8.1 issues were resolved.

Industrial, Wood & Allied Workers of Canada (I.W.A. Canada) v. The Balmer Studios Inc./Two Plus Seven Inc., 2000 CanLII 10339

Stephen Raymond

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardOct 5, 2000

Board orders representation vote in union certification application despite employer's section 8.1 notice.

The applicant trade union applied for certification.

The responding party proposed a different bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995, but agreed with the union's estimate of the number of persons in the unit.

The Board found the applicant established sufficient membership support and ordered a representation vote.

A dissenting Board member argued that the vote should not take place or the ballot box should be sealed until the section 8.1 issues were resolved at a hearing.

Union of Needletrades, Industrial, and Textile Employees v. Woodgreen Red Door Family Shelter, 2000 CanLII 9767

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardOct 4, 2000

Application for certification dismissed following unsuccessful representation vote; one-year bar imposed.

The applicant union requested leave to withdraw its application for certification pursuant to section 11 of the Labour Relations Act, 1995.

The Board granted the request.

As not more than fifty per cent of the ballots cast in the representation vote were in favour of the applicant, the application was dismissed.

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

United Steelworkers of America v. Casino Rama, 2000 CanLII 4109

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardOct 4, 2000

Matters directed to the Registrar to be rescheduled for hearing.

The Ontario Labour Relations Board issued a brief procedural decision directing the Registrar to reschedule the matters for hearing.

United Steelworkers of America v. Casino Rama Services Inc., 2000 CanLII 6899

Patrick Kelly

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardOct 3, 2000

Union certification granted following a successful representation vote in a displacement application.

The applicant union filed a displacement application for certification.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, the parties agreed there were no remaining issues in dispute.

The Ontario Labour Relations Board ordered that a certificate issue to the applicant for the agreed-upon bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Bowlero Limited, 2000 CanLII 8199

Patrick Kelly

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardOct 2, 2000

Board directs a run-off representation vote between two unions after no union secured a majority.

The applicant employer applied to the Ontario Labour Relations Board following a sale of a business and intermingling of employees.

A representation vote was held between three trade unions: CUPE, OPSEU, and the Staff Association.

No union received more than 50 per cent of the ballots cast, with OPSEU receiving the fewest votes.

Pursuant to section 111(6)(b) of the Labour Relations Act, 1995, the Board directed a further representation vote and exercised its discretion to eliminate OPSEU from the ballot.

The eligible voters will choose between CUPE and the Staff Association.

Child and Family Services of Timmins and District v. Canadian Union of Public Employees, Local 2196, 2000 CanLII 2730

Patrick Kelly

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardSep 29, 2000

Board referred the issue of a summer student's inclusion in the bargaining unit to a hearing.

The applicant union applied for certification.

The parties agreed to initially deal with whether a summer student should be included in the bargaining unit, as it may determine the outcome.

The applicant argued the student performs similar duties and should be included without a hearing.

The responding party disagreed on the facts and law, requesting a hearing.

The Board found disputes of fact and law and referred the issue to the panel scheduled to hear the matter.

International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, Local 58 v. Stage West All-Suite Hotel & Theatre Restaurant, 2000 CanLII 7221

Patrick Kelly

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardSep 29, 2000

Union certification granted following a successful representation vote by employees.

The applicant union applied for certification to represent employees of Chapters Inc. at a specific location.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

United Food and Commercial Workers International Union Local 175 v. Chapters Inc., 2000 CanLII 9871

Patrick Kelly

J. A. Rundle

D. A. Patterson

Representation vote ballot varied to remove intervenor union after it withdrew its interest.

The intervenor union advised the Board that it no longer wished to represent the employees subject to the certification application.

Consequently, the Board varied its previous decision directing a representation vote.

The ballot was amended to ask voters only whether they wish to be represented by the applicant union, rather than choosing between the applicant and the intervenor.

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers (Cement Division) v. King Packaged Materials Company, 2000 CanLII 5765

Patrick Kelly

J. A. Ronson

D. A. Patterson

Application withdrawn at the request of the applicant.

The applicant requested to withdraw the matter via correspondence.

The Ontario Labour Relations Board granted the withdrawal.

Royce Corporation v. United Steelworkers of America, Local 4657, 2000 CanLII 5424

Patrick Kelly

J. A. Ronson

D. A. Patterson

Board voids initial representation vote and orders a new vote based on parties' settlement.

The applicant union and responding employer entered into minutes of settlement regarding an application for certification.

The parties requested that the initial representation vote be declared null and void and that a new vote be ordered.

The Ontario Labour Relations Board granted the request, voided the initial vote, ordered a new representation vote, and established the voting constituency and voters' list as agreed by the parties.

Communications, Energy & Paperworkers Union of Canada v. The Korea Times Ltd., 2000 CanLII 10199

Patrick Kelly

J. A. Ronson

D. A. Patterson