D. A. Patterson

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardMar 30, 2000

Representation vote ordered in displacement application, but ballot box sealed pending hearing on 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 union requested that the application be dismissed or the vote delayed due to a Superior Court of Justice injunction against individuals formerly associated with the intervenor.

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's order.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. The Corporation of the County of Lambton Marshall Gowland Manor (Full-Time), 2000 CanLII 9038

Patrick Kelly

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardMar 30, 2000

Representation vote ordered in displacement application; ballot box sealed pending hearing on effect of court injunction.

The applicant union filed a displacement application for certification.

The intervenor requested the application be dismissed under section 7(9) of the Labour Relations Act, 1995, arguing the applicant had recently withdrawn a similar application.

The Board declined to dismiss the application, noting no prejudice was claimed.

The intervenor also argued a representation vote would violate a Superior Court injunction against individuals associated with the applicant.

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

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Brouillette Manor 1230839 Ontario Limited, 2000 CanLII 8271

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 union.

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

The intervenor argued that a Superior Court injunction against individuals formerly associated with it prevented the vote, or alternatively, that the ballot box should be sealed pending a hearing.

The Board ordered the vote to proceed but directed that the ballot box be sealed until a hearing could be held to consider the effect of the Court's order.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Grand River Hospital Part Time Service Employees, 2000 CanLII 7209

Patrick Kelly

J. A. Ronson

D. A. Patterson

Suspended Administratively11 cases2000–2019

Union application withdrawn with leave of the Board.

The applicant union requested to withdraw its application.

The Ontario Labour Relations Board granted leave to withdraw the application and amended the style of cause to reflect the correct name of the responding party.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Greenlawn and Victoria Memorial Gardens and Crematorium, 2000 CanLII 12235

Denis Ellickson

16 cases1992–2016

David Law

J. A. Ronson

D. A. Patterson

Caroline Rowan

OLRB0 cases1999–2022

Employer ordered to produce financial records arguably relevant to duty to bargain in good faith allegations.

The union requested an order compelling the employer to produce business and financial records in the context of unfair labour practice applications alleging a breach of the duty to bargain in good faith.

The employer resisted, arguing it had already produced an unaudited financial statement.

The Board granted the union's request, finding the documents arguably relevant to the union's allegation that the employer falsely claimed an inability to afford the union's demands, and relevant to the employer's own application relying on financial summaries.

The employer was ordered to produce the documents within 30 days, subject to an implied undertaking not to use them for collateral purposes.

Brotherhood of Maintenance of Way Employees v. CLN Industries Ltd., 2000 CanLII 13215

Patrick Kelly

J. A. Ronson

D. A. Patterson

Union certification granted following a successful representation vote.

The applicant union sought certification for a bargaining unit of employees at Leonard’s Building Maintenance Limited.

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 ordered that a certificate issue to the applicant.

Labourers’ International Union of North America, Local 1059 v. Leonard’s Building Maintenance Limited, 2000 CanLII 6191

Patrick Kelly

J. A. Ronson

D. A. Patterson

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

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

The Board found that the applicant met the statutory requirements and ordered a representation vote.

The intervenor argued that a recent Superior Court injunction against individuals formerly associated with the intervenor prevented the vote, or alternatively, that the ballot box should be sealed pending a hearing.

The Board ordered the vote to proceed but directed that the ballot box be sealed until a hearing could be held to consider the effect of the court's order on the Board's processes.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Grand River Hospital Part Time Office & Clerical Employees, 2000 CanLII 8752

Patrick Kelly

J. A. Ronson

D. A. Patterson

Union certification granted 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 applicant, the Ontario Labour Relations Board ordered that a certificate issue to the applicant for the agreed-upon bargaining unit.

Canadian Union of Public Employees v. Manitoulin-Sudbury District Social Services Administration Board, 2000 CanLII 10675

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 applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board certified the applicant as the bargaining agent for the agreed-upon bargaining unit of employees.

Christian Labour Association of Canada v. Columbia Building Maintenance Company Ltd., 2000 CanLII 6771

Patrick Kelly

J. A. Ronson

D. A. Patterson

Application withdrawn with leave of the Board.

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

The Ontario Labour Relations Board granted leave to withdraw the matter and amended the style of cause to reflect the correct name of the responding party.

Ontario Public Service Employees Union and its Local 137 v. Aramark Canada Food Services Ltd., 2000 CanLII 12328

Patrick Kelly

J. A. Ronson

D. A. Patterson

Representation vote ordered in displacement application, with ballot box sealed pending hearing on injunction's effect.

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

The Board found the applicant to be a trade union and that it had the requisite 40% membership support to order a representation vote.

The Board ordered the representation vote to proceed but directed that the ballot box be sealed until a hearing could be held to consider the effect of the Court's order.

National Automobile, Aerospace, Transportation & General Workers’ Union of Canada (CAW-Canada) v. Victorian Order of Nurses Thunder Bay & District Branch, 2000 CanLII 10468

Patrick Kelly

J. A. Ronson

D. A. Patterson

Representation vote directed in displacement application for certification after union established sufficient membership support.

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 determined that it had established sufficient membership support (not less than 40%) in the proposed bargaining unit.

Despite a section 8.1 notice from the responding party regarding employee numbers, the numerical difference was not significant, and the responding party agreed the ballots should be counted.

The Board directed a representation vote to be held on March 30, 2000.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Caressant Care Nursing Home of Canada Limited, Woodstock Retirement Home, 2000 CanLII 7172

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Ronson

D. A. Patterson

Representation vote ordered in application for certification after union met forty percent membership threshold.

The applicant trade union filed an application for certification.

The Ontario Labour Relations Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995.

Based on the information and membership evidence filed, the Board determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

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

Teamsters Local Union No. 879 v. Boehmers/Walloy A Division of St. Lawrence Cement Inc., 2000 CanLII 9851

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Ronson

D. A. Patterson

Board directs representation vote in certification application with segregated ballots due to bargaining unit dispute.

The applicant trade union filed an application for certification.

The Board found that the applicant appeared to have the requisite membership support of at least forty percent in the proposed bargaining unit.

The Board directed a representation vote to be held on March 30, 2000.

Because the responding party disputed the geographic scope of the bargaining unit, the Board ordered that the ballots cast by employees in London, Tillsonburg, and Aylmer be segregated and not counted until further order or agreement.

Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 141 v. Boehmers/Walloy A Division of St. Lawrence Cement Inc., 2000 CanLII 9518

Patrick Kelly

J. A. Ronson

D. A. Patterson

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

The applicant trade union filed a displacement application for certification for a bargaining unit of full-time hospital employees currently represented by the intervenor.

The responding party disputed the employee estimate and argued for a combined full-time and part-time unit, but the Board maintained its practice of establishing a voting constituency reflective of the existing collective agreement.

Finding sufficient membership support, the Board ordered a representation vote.

However, because the intervenor filed a Superior Court injunction order against individuals formerly associated with it, the Board directed that the ballot box be sealed pending a hearing on how the court order affects the Board's processes.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Hanover and District Hospital Full-Time Service Employees, 2000 CanLII 6279

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Ronson

D. A. Patterson

Representation vote directed for employees of the Association of Part-time University Students.

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

The Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that the proposed bargaining unit is appropriate.

Based on the membership evidence filed, the Board directed that a representation vote be taken.

Canadian Union of Public Employees v. Association of Part-time University Students at the University of Toronto, 2000 CanLII 10664

Patrick Kelly

J. A. Ronson

D. A. Patterson

Application dismissed based on the agreement of the parties.

The applicant union filed an application against the responding party employer.

Having regard to the agreement of the parties dated February 2, 2000, the Ontario Labour Relations Board dismissed the application.

Service Employees’ International Union, Local 220 v. Holiday (Canada) Retirement Group Ltd. c.o.b. Masonville Manor, 2000 CanLII 5030

Patrick Kelly

J. A. Ronson

D. A. Patterson

Representation vote directed in displacement application for certification at a nursing home.

The applicant union filed a displacement application for certification to represent employees currently represented by the intervenor union at the responding party's nursing home.

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

The Board directed that a representation vote be taken among the eligible employees to determine whether they wish to be represented by the applicant or the intervenor.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Caressant Care Nursing Home of Canada Limited, 2000 CanLII 7873

Patrick Kelly

J. A. Ronson

D. A. Patterson