D. A. Patterson

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardAug 15, 2000

Application withdrawn with leave of the Board.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.

Teamsters Local Union No. 419 v. 733907 Ontario Ltd. c.o.b. European Quality Meats & Sausages, 2000 CanLII 1982

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardAug 15, 2000

Union certification granted following a successful representation vote.

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

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 directed that a certificate issue to the applicant.

Ontario Public Service Employees Union v. 1187655 Ontario Limited c.o.b. as Bayview Retirement Home, 2000 CanLII 7444

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardAug 15, 2000

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application against the responding employer and the responding union.

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

Teamsters Local Union No. 879 v. Canadian Waste Services Inc., 2000 CanLII 1678

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

Union certified as bargaining agent following successful representation vote.

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

A certificate was ordered to issue and previously set hearing dates were cancelled.

International Union, United Automobile and Agricultural Implement Workers of America (UAW) v. E.R. Schepens Electrical Service Ltd., 2000 CanLII 5499

J. A. Ronson

D. A. Patterson

Brian McLean

Application withdrawn with leave of the Board.

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

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

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Newcastle Block Ltd., 2000 CanLII 4587

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

Board directs representation vote in displacement certification application and declines to seal ballot box.

The applicant union filed a displacement application for certification.

The Board found the applicant to be a trade union and that at least 40% of the proposed bargaining unit were members.

The Board directed a representation vote.

The employer gave notice under section 8.1 of the Act disagreeing with the union's estimate of employees, but the Board found the 40% threshold was met regardless of the estimate used, and declined to seal the ballot box.

The intervenor's request to seal the box was also denied.

Board Member Ronson dissented, arguing the ballot box should be sealed until section 8.1 issues were resolved.

Canadian National Federation of Independent Unions v. Canada Bread Company, Limited London Transport and Garage, 2000 CanLII 8128

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

Request for further production of documents denied at this time.

The applicant requested further production of documents in relation to an answer for a request for particulars sent by the intervenor.

The Ontario Labour Relations Board declined to order further production at this time, noting that production should not be used as a fishing expedition and must be exercised circumspectly.

The Board directed the parties to make submissions before the hearing panel if disputes regarding document production remain.

Cheryl Sweiger v. Toronto Transit Commission, 2000 CanLII 12103

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

Extension of time to file a response granted.

The Ontario Labour Relations Board granted an extension of time until August 18, 2000, to file a response in the matter.

Edward Clark v. United Food and Commercial Workers, Local 175 and 633, 2000 CanLII 2463

J. A. Ronson

D. A. Patterson

Brian McLean

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.

The Ontario Public Service Employees Union v. The Brockville General Hospital, 2000 CanLII 1784

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

Leave to amend applicant's name granted conditionally upon no objection.

The applicant union sought leave to amend its name to the 'International Brotherhood of Electrical Workers, Construction Council of Ontario'.

The Ontario Labour Relations Board granted the amendment conditionally, deeming it granted if no objection was received by a specified date.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Tricin Electric Ltd., 2000 CanLII 1622

J. A. Ronson

D. A. Patterson

Brian McLean

OLRBOntario Labour Relations BoardAug 11, 2000

Representation vote directed in union certification application with segregated ballots for disputed positions.

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

The Ontario Labour Relations Board found that the applicant appeared to have the requisite 40% membership support in the proposed bargaining unit.

The Board directed that a representation vote be held, with segregated ballots for disputed managerial and accounting positions, and noted the responding party's notice under section 8.1 of the Labour Relations Act, 1995.

United Food and Commercial Workers International Union Local 175 v. Leon’s Furniture, 2000 CanLII 3954

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardAug 11, 2000

Duty of fair representation complaint dismissed because applicant was not an employee in a bargaining unit.

The applicant brought a complaint under section 96 of the Labour Relations Act, 1995, alleging that the responding union breached its duty of fair representation under section 74 by failing to dispatch him to a pipeline project.

The union requested that the application be dismissed because the applicant was not an employee in a bargaining unit at the relevant time.

The Board agreed, finding that section 74 only applies to employees in a bargaining unit, not to unemployed members in a hiring hall context.

The application was dismissed without a hearing.

Giancarlo Cesaroni v. United Association of Journeymen and Apprentices of The Plumbing and Pipefitting Industry of the United States and Canada Local 46, 2000 CanLII 12021

J. A. Ronson

D. A. Patterson

Brian McLean

OLRBOntario Labour Relations BoardAug 11, 2000

Board directs representation vote in certification application after finding sufficient membership support.

The applicant trade union filed an application for certification.

The Ontario Labour Relations 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 obtain a representation vote.

The responding party disputed the bargaining unit description and gave notice under section 8.1 of the Act.

The Board directed that a representation vote be taken of the individuals in the voting constituency, with disputed positions to be segregated.

Teamsters Local Union No. 879 v. Evenflo Inc., 2000 CanLII 1717

J. A. Ronson

D. A. Patterson

Brian McLean

OLRBOntario Labour Relations BoardAug 10, 2000

Time extended for responding party to file its response.

The Ontario Labour Relations Board issued a procedural decision granting the responding party an extension of time until August 18, 2000, to file its response in the matter.

Canadian Union of Public Employees and its Local 3625 v. Kingston Daycare Incorporated, 2000 CanLII 3355

J. A. Ronson

D. A. Patterson

Brian McLean

OLRBOntario Labour Relations BoardAug 9, 2000

Request to seal ballot box pending sale of business application denied; ballots to be counted.

The applicant union filed an application for certification to represent a group of unorganized employees.

A representation vote was scheduled.

Another union, CUPE, requested that the ballot box be sealed following the vote until a pending sale of business application (seeking to consolidate bargaining units due to amalgamation) was determined.

The Board declined to seal the ballot box, finding that the sale of business application should not interfere with or delay the certification process, and that representation rights issues could be determined under section 69 of the Act if appropriate.

The Board directed that the ballots be counted following the vote.

Service Employees International Union, Local 204 Affiliated with the S.E.I.U., A.F. of L., C.I.O., C.L.C. v. Haliburton Highland Health Services Corporation, 2000 CanLII 11979

J. A. Ronson

D. A. Patterson

Brian McLean

OLRBOntario Labour Relations BoardAug 8, 2000

Union certified as bargaining agent following successful representation vote and agreement on bargaining unit.

The applicant union applied for certification.

Following a representation vote, the parties resolved their remaining disputes regarding the bargaining unit description.

The Board found the agreed-upon bargaining unit appropriate.

As more than fifty percent of the ballots were cast in favour of the union, the Board ordered that a certificate issue to the applicant.

United Steelworkers of America v. BOC Canada Limited, 2000 CanLII 13396

Patrick Kelly

OLRB0 cases1999–2019

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardAug 2, 2000

Representation vote rescheduled on agreement of the parties following reconsideration.

The Board reconsidered its previous decision regarding the date of a representation vote based on correspondence from the intervenor's counsel.

On agreement of the parties, the representation vote was rescheduled from August 4, 2000, to August 9, 2000.

All other aspects of the previous decision were confirmed.

Bart Johnson v. Union of Needletrades, Industrial and Textile Employees, AFL-CIO-CLC, 2000 CanLII 13444

Patrick Kelly

OLRB0 cases1999–2019

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardAug 2, 2000

Representation vote ordered in certification application; dissent would have sealed ballot box under section 8.1(4).

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

The parties agreed on the description of the bargaining unit.

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

The Board directed that the vote be held on August 4, 2000, five days after the application was filed, rejecting the applicant's request for an earlier date.

A dissenting Board member would have directed the ballot box to be sealed pursuant to section 8.1(4) of the Labour Relations Act, 1995, because the employer had given notice disagreeing with the union's estimate of the number of individuals in the proposed unit.

Ontario Public Service Employees Union v. 1187655 Ontario Limited c.o.b. as Bayview Retirement Home, 2000 CanLII 11297

J. A. Rundle

Harry Freedman

OLRB0 cases1984–2001

D. A. Patterson