D. A. Patterson

D. A. Patterson

OLRBOntario Labour Relations BoardApr 26, 2000

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots were cast in favour of the applicant.

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further applications for certification by the applicant for this bargaining unit.

U.F.C.W. Local 333 v. I.D.M.D. Manufacturing Inc., 2000 CanLII 13295

Patrick Kelly

OLRB0 cases1999–2019

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardApr 26, 2000

Representation vote directed in application for certification after union demonstrated requisite 40 percent membership support.

The applicant trade union filed an application for certification to represent employees of the responding party at a specific location.

The Ontario Labour Relations Board found that the applicant is a trade union under the Labour Relations Act, 1995, and that it appeared to have the requisite 40 percent membership support in the proposed bargaining unit.

The Board directed that a representation vote be taken and provided instructions regarding voter eligibility, disputed positions, and posting requirements.

Universal Workers Union, Labourers International Union of North America, Local 183 v. Hallmark Housekeeping Services Inc., 2000 CanLII 6074

J. A. Ronson

D. A. Patterson

Anthony Brown

OLRBOntario Labour Relations BoardApr 20, 2000

Representation vote directed in displacement application; Board declines to seal ballot box despite intervenor's objections.

The applicant union filed a displacement application for certification to represent employees currently represented by the intervenor union.

The Board found that the applicant appeared to have the requisite 40% membership support and directed a representation vote.

The intervenor requested that the vote not be held or that the ballot box be sealed due to alleged unfair labour practices and ongoing proceedings before the Superior Court of Justice and the Canadian Labour Congress.

Relying on a previous decision involving similar objections by the intervenor, the Board declined to seal the ballot box and directed that the vote proceed.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Dubreuilville Ambulance Service The Corporation of the Township of Dubreuilville, 2000 CanLII 12092

J. A. Ronson

D. A. Patterson

Brian McLean

OLRBOntario Labour Relations BoardApr 18, 2000

Application for certification dismissed after union failed to secure majority support in representation vote.

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

A representation vote was held, and not more than fifty percent of the ballots cast were in favour of the applicant.

No statement of desire to make representations was filed within the time fixed under Rule 62 of the Board's Rules of Procedure.

Consequently, the Board dismissed the application for certification and imposed a one-year bar on further applications by the applicant for the same bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Caressant Care Nursing and Retirement Homes Limited o/a Woodstock Retirement Home, 2000 CanLII 9224

J. A. Ronson

D. A. Patterson

Brian McLean

OLRBOntario Labour Relations BoardApr 18, 2000

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification to represent employees of the District of Timiskaming Social Services Administration Board.

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

Canadian Union of Public Employees v. District of Timiskaming Social Services Administration Board, 2000 CanLII 6417

J. A. Ronson

D. A. Patterson

Brian McLean

OLRBOntario Labour Relations BoardApr 18, 2000

Application withdrawn with leave of the Board.

The applicant union and its local president sought to withdraw their application against the respondent school board and its business administrator.

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

Elementary Teachers’ Federation of Ontario v. Moosonee District School Area Board, 2000 CanLII 7174

J. A. Rundle

D. A. Patterson

Anthony Brown

OLRBOntario Labour Relations BoardApr 17, 2000

Board directs applicant union to file reply to submissions that its certification application is untimely.

The applicant union filed an application for certification.

The responding employer and an intervenor union submitted that the application was untimely because they had already entered into a voluntary recognition agreement and ratified a collective agreement.

The Board noted that the applicant had not yet replied to these submissions and directed the applicant to file a reply regarding the timeliness issue.

Hospitality & Service Trades Union, Local 261 v. Sodexho Marriott Services Ltd., 2000 CanLII 2783

J. A. Rundle

D. A. Patterson

Anthony Brown

OLRBOntario Labour Relations BoardApr 17, 2000

Representation vote ordered in certification application after union established sufficient membership support in proposed bargaining unit.

The applicant trade union applied for certification to represent registered and graduate nurses employed by the responding party.

The responding party disputed the applicant's estimate of the number of employees and proposed a different bargaining unit, giving notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the applicant's proposed bargaining unit could be appropriate and that the applicant had established sufficient membership support (not less than 40%) to obtain a representation vote.

The Board directed that a representation vote be taken, with ballots cast by individuals in disputed positions to be segregated.

Ontario Nurses’ Association v. Don Mills Foundation, 2000 CanLII 8906

J. A. Rundle

D. A. Patterson

Anthony Brown

OLRBOntario Labour Relations BoardApr 17, 2000

Board orders representation vote for part-time bus drivers in union certification application.

The applicant trade union applied for certification to represent part-time bus drivers of the responding party.

The Board found the applicant to be a trade union under the Labour Relations Act, 1995 and that it had established sufficient membership support in the proposed bargaining unit.

The Board ordered a representation vote to be taken of the individuals in the voting constituency.

Local Union 636 of the International Brotherhood of Electrical Workers v. The Public Utilities Commission of the City of Stratford, 2000 CanLII 1705

J. A. Ronson

D. A. Patterson

Brian McLean

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Board certified the applicant as the bargaining agent for the agreed-upon bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Caressant Care Nursing and Retirement Homes Limited, 2000 CanLII 8390

J. A. Ronson

D. A. Patterson

Brian McLean

Union certified as bargaining agent following successful representation vote; related application withdrawn.

The applicant union applied for certification to represent a bargaining unit of employees at Cantar/Polyair Canada Limited.

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

The Board also granted the applicant leave to withdraw its related application.

Communcations, Energy and Paperworkers Union of Canada v. Cantar/Polyair Canada Limited, 2000 CanLII 10014

J. A. Ronson

D. A. Patterson

Brian McLean

Board ordered employer to post and deliver a Notice to Employees pursuant to settlement minutes.

The Ontario Labour Relations Board issued a decision to correct an omission from its previous decision dated April 5, 2000.

The Board ordered the employer to post and deliver a 'Notice to Employees' as required by the Minutes of Settlement between the parties.

The notice informs employees of their rights under the Labour Relations Act, 1995.

United Food and Commercial Workers International Union v. Belpak Foods, 2000 CanLII 13589

J. A. Ronson

D. A. Patterson

Brian McLean

Union certified as bargaining agent for paramedics following successful representation vote.

The Ontario Public Service Employees Union applied for certification as the bargaining agent for paramedic employees of the Municipality of Northern Bruce Peninsula.

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 and ordered a certificate to issue.

Ontario Public Service Employees Union v. Municipality of Northern Bruce Peninsula, 2000 CanLII 2522

J. A. Ronson

D. A. Patterson

Brian McLean

Representation vote directed in union certification application despite employer's dispute over bargaining unit composition.

The applicant trade union applied for certification.

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the applicant's proposed bargaining unit could be appropriate and that the numerical difference between the parties was not significant.

The Board directed that a representation vote be taken, with ballots from disputed positions to be segregated.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Debro Steel, 2000 CanLII 6992

Laura Trachuk

J. A. Rundle

D. A. Patterson

Application withdrawn with leave of the Board.

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

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

Glass, Molders, Pottery, Plastics & Allied Workers International Union v. Good Beginnings Day Nursery Woodstock Inc., 2000 CanLII 2879

Laura Trachuk

J. A. Rundle

D. A. Patterson

Application withdrawn with leave of the Board.

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

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

Glass, Molders, Potter, Plastics & Allied Workers International Union v. Good Beginnings Day Nursery Woodstock Inc., 2000 CanLII 4368

Laura Trachuk

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 as the bargaining agent for the employees of the responding party.

Following a representation vote directed by the Board, not more than 50% of the ballots were cast in favour of the applicant.

Consequently, the Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for the same bargaining unit.

Glass, Molders, Pottery, Plastics & Allied Workers International Union v. Good Beginnings Day Nursery Woodstock Inc., 2000 CanLII 8429

Laura Trachuk

J. A. Rundle

D. A. Patterson

Union certification granted for Kids Help Phone employees following a successful representation vote.

The Ontario Public Service Employees Union applied for certification to represent a bargaining unit of employees at Kids Help Phone in Toronto.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

Ontario Public Service Employees Union v. Kids Help Phone, 2000 CanLII 7874

Laura Trachuk

J. A. Rundle

D. A. Patterson