D. A. Patterson

J. A. Ronson

D. A. Patterson

Responding party directed to file response within 10 days of receiving applicant's materials.

The applicant confirmed it provided all materials to the responding party and intervenor as directed.

The Board directed the responding party to file its response within 10 days of receiving the material.

Grand River Employees Association v. Service Employees International Union Local #220, 2000 CanLII 2731

Laura Trachuk

J. A. Ronson

D. A. Patterson

Representation vote directed in displacement application, with ballot box sealed due to bargaining unit dispute.

The applicant trade union filed a displacement application for certification.

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

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

The Board directed that a representation vote be taken but ordered the ballot box sealed pending resolution of the numerical dispute.

Industrial Wood & Allied Workers of Canada (IWA-Canada) v. Canac Kitchens, Division of Kohler of Canada Ltd., 2000 CanLII 8457

Laura Trachuk

J. A. Ronson

D. A. Patterson

Representation vote ordered in displacement application, but ballot box sealed pending hearing on court injunction.

The applicant union filed a displacement application for certification.

The Board found the applicant to be a trade union and that it had sufficient membership support to warrant a representation vote.

The intervenor argued that a Superior Court injunction prevented the vote or required the ballot box to be sealed.

The Board ordered the representation vote to proceed but directed that the ballot box be sealed pending a hearing on the effect of the court order.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Trillium Villa Nursing Home, 2000 CanLII 8624

Laura Trachuk

J. A. Ronson

D. A. Patterson

In Private Practice4 cases2000–2004

Representation vote ordered in displacement application, but ballot box sealed pending hearing on intervenor's objections.

The applicant union filed a displacement application for certification.

The Board found the applicant to be a trade union and that it had sufficient membership support to order a representation vote.

The intervenor argued that a Superior Court injunction against individuals associated with the applicant precluded the vote.

The Board ordered the representation vote to proceed but directed that the ballot box be sealed pending a hearing on the effect of the court order.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. George Jeffrey Children’s Treatment Centre, 2000 CanLII 10371

Stephen Kraskinsky

2 cases2000–2000

Shelley Stevenson

2 cases2000–2000

Kristen Lopes

Patrick Kelly

J. A. Rundle

D. A. Patterson

Unfair labour practice complaint regarding campaign misrepresentations dismissed as employees' true wishes were not compromised.

The applicant union filed a displacement application for certification and an unfair labour practice complaint against the incumbent union, alleging that the incumbent made false and defamatory statements about the applicant's president during the organizing campaign.

The incumbent union brought a preliminary motion to dismiss the complaint.

The Board found that the alleged statements, even if true, were isolated and made to an employee who did not believe them, and that the applicant had the opportunity to respond.

Concluding that the employees' true wishes were not compromised, the Board dismissed the unfair labour practice complaint and the certification application.

Canadian Health Care Workers (C.H.C.W.) v. The Stratford Shakespearean Festival Foundation of Canada, 2000 CanLII 11899

Laura Trachuk

J. A. Ronson

D. A. Patterson

Representation vote ordered in displacement application, but ballot box sealed pending hearing on injunction.

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

The Board found the applicant to be a trade union and that it had sufficient membership support to warrant a representation vote.

The intervenor argued that a recent Superior Court injunction against individuals associated with the applicant precluded the vote.

The Board ordered the representation vote to proceed but directed that the ballot box be sealed pending a hearing to determine the effect of the court order.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Robert Cruikshank Cleaning Contractors Limited, 2000 CanLII 6996

Laura Trachuk

J. A. Ronson

D. A. Patterson

Board directs applicant union to file submissions on timeliness of displacement certification application.

The applicant union filed a displacement application for certification.

The intervenor union filed a copy of an appointment of a conciliation officer, which appeared to make the application untimely under section 67 of the Labour Relations Act, 1995.

The Board directed the applicant to file submissions explaining why the application should not be dismissed for untimeliness.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Cara Health Services Division, Durham South Bruce Grey Health Centre, Durham, 2000 CanLII 8037

Laura Trachuk

J. A. Ronson

D. A. Patterson

Successor rights application terminated following parties' settlement confirming the bargaining agent.

The applicant filed a successor rights application under section 68 of the Labour Relations Act, 1995.

The parties reached a settlement agreeing that the United Steelworkers of America continues to be the bargaining agent for the employees in the bargaining unit.

As a result, the Board terminated the application and directed the employer to post copies of the decision in the workplace.

CAW Local 414 v. OK Economy A Division of Westfair Foods Ltd., 2000 CanLII 13324

Laura Trachuk

J. A. Ronson

D. A. Patterson

Board directs parties to file submissions on preliminary objection that application is premature.

The applicant filed an application under section 69 of the Labour Relations Act, 1995.

The responding party, Office Professional Employees International Union, Local 343, raised a preliminary objection that the application was premature or unnecessary.

The Board directed the applicant and the other responding party to file submissions regarding this preliminary objection.

Avestel Family Savings Credit Union v. Office Professional Employees International Union, Local 343, 2000 CanLII 12215

Patrick Kelly

J. A. Ronson

D. A. Patterson

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification.

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 of employees at the responding party's Mississauga location.

United Food and Commercial Workers International Union Local 175 v. Thrifty Canada, Ltd., 2000 CanLII 6927

Patrick Kelly

J. A. Ronson

D. A. Patterson

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification to represent a bargaining unit of employees at Quality Inn in Mississauga.

Following a representation vote where more than 50% 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 ordered that a certificate issue to the applicant.

United Brotherhood of Retail, Food, Industrial and Service Trades International Union v. Quality Inn, 2000 CanLII 7883

Patrick Kelly

J. A. Ronson

D. A. Patterson

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

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

Following a representation vote where not more than fifty per cent of the ballots were cast in favour of the applicant, and with no representations filed by the parties, the Ontario Labour Relations Board dismissed the application.

The Board imposed a mandatory one-year bar on further certification applications by the applicant for this bargaining unit.

United Steelworkers of America v. Temspec Inc., 2000 CanLII 6456

Patrick Kelly

J. A. Ronson

D. A. Patterson

Union decertified after majority of employees voted against representation in a Board-directed vote.

The applicant applied to terminate the bargaining rights of the responding party union.

Following a representation vote where more than fifty percent of the ballots cast were in opposition to the union, the Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer.

Ralph Anderson v. United Brotherhood of Carpenters and Joiners of America, 2000 CanLII 10807

Patrick Kelly

J. A. Ronson

D. A. Patterson

Union certification granted following a successful representation vote by warehouse employees.

The applicant union sought certification for a bargaining unit of employees at the responding party's warehouse.

A certificate was ordered to issue to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Trailmobile Parts & Service Canada, 2000 CanLII 10929

Patrick Kelly

J. A. Ronson

D. A. Patterson

Union certification granted following a successful representation vote.

The applicant union applied for certification.

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 issued a certificate to the applicant for the agreed-upon bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Oxford Regional Nursing Home, 2000 CanLII 7129

Patrick Kelly

J. A. Ronson

D. A. Patterson

Representation vote ordered in displacement application, but ballot box sealed pending hearing on injunction.

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

The Board found that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board ordered a representation vote.

The intervenor argued that a Superior Court injunction against individuals formerly associated with the intervenor prevented the vote or required the ballot box to be sealed.

The Board ordered the vote to proceed but directed that the ballot box be sealed pending a hearing to consider the effect of the Court's Order.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Cedarwood Village (Part-time Registered Nurses), 2000 CanLII 11082

Patrick Kelly

J. A. Ronson

D. A. Patterson

Board orders representation vote but seals ballot box pending hearing on intervenor's injunction.

The applicant union filed a displacement application for certification.

The Board found sufficient membership support to order a representation vote.

The intervenor union argued that a recent Superior Court injunction against individuals formerly associated with it prevented the vote or required sealing the ballot box.

The Board ordered the vote to proceed but directed that the ballot box be sealed pending a hearing on the effect of the Court's order.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Society of the Sacred Heart of Jesus (c.o.b. as Sacred Heart Villa), 2000 CanLII 11049

Patrick Kelly

J. A. Ronson

D. A. Patterson

Representation vote ordered in displacement application with ballot box sealed pending hearing on intervenor's objections.

The applicant union filed a displacement application for certification.

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

However, the intervenor raised two issues: first, that the proposed bargaining unit consisted of only one employee, contrary to section 9 of the Labour Relations Act, 1995; and second, that a Superior Court injunction against individuals associated with the applicant precluded the holding of a vote.

The Board directed that the representation vote proceed but ordered the ballot box sealed pending a hearing to address the intervenor's objections.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Cedarwood Village (Full-Time Registered Nurses), 2000 CanLII 8480

Patrick Kelly

J. A. Ronson

D. A. Patterson