D. A. Patterson

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardMar 23, 2000

Applicant directed to file submissions on timeliness of displacement application or face dismissal.

The applicant union filed a displacement application.

The responding party and intervenor argued the application was untimely due to an existing collective agreement expiring in October 2001.

The Board directed the applicant to provide submissions on the timeliness issue, failing which the application would be dismissed.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Memorial Gardens Canada Ltd., 2000 CanLII 13354

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardMar 23, 2000

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 the requisite membership support to order a representation vote.

The intervenor argued that a recent Superior Court injunction against individuals associated with the applicant precluded 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 to consider the intervenor's arguments regarding the effect of the court order.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Memorial Gardens Canada Ltd., 2000 CanLII 12689

Timothy W. Sargeant

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 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 a 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's order.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Chelsey Park Retirement Community Nursing Home, 2000 CanLII 12005

Timothy W. Sargeant

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 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 requested that the application be dismissed or the vote delayed due to a Superior Court injunction against individuals formerly associated with the intervenor.

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

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Chelsey Park Retirement Community Nursing Home, 2000 CanLII 12921

Timothy W. Sargeant

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 employees currently represented by the intervenor union.

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

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

The Board directed the vote to proceed but ordered the ballot box sealed pending a hearing to determine the effect of the court order on the Board's processes.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. St. Mary’s Hospital Full Time Service Employees, 2000 CanLII 13054

Timothy W. Sargeant

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 union argued that a Superior Court injunction against individuals associated with the applicant precluded a vote, or alternatively, that the ballot box should be sealed pending a hearing.

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

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Babcock Nursing and Rest Homes Ltd., 2000 CanLII 12088

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

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

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

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

However, because the intervenor filed a Superior Court injunction against individuals formerly associated with it who were now with the applicant, the Board directed that the ballot box be sealed pending a hearing to determine the effect of the court order on the Board's processes.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Meadow Park Incorporated (Meadow Park Retirement Home), 2000 CanLII 12087

Timothy W. Sargeant

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

The intervenor union argued that a recent Superior Court injunction against former officials now associated with the applicant precluded the vote or required the ballot box to be sealed.

Following its recent precedent, the Board ordered the 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. Meadow Park Incorporated (Meadow Park Retirement Home), 2000 CanLII 12086

Timothy W. Sargeant

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 is a trade union and that at least 40% of the individuals in the proposed bargaining unit were members.

The Board ordered a representation vote.

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

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

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. St. Mary’s Hospital Part Time, 2000 CanLII 12617

J. A. Ronson

David A. McKee

OLRB0 cases1999–2001

D. A. Patterson

Board confirms vote arrangements and declines to seal ballot box under section 8.1 in certification application.

The applicant union applied for certification.

The Board previously ordered a vote, noting the responding party had not filed a response.

The Board corrected this, noting the response was filed timely but not in the file.

The Board reviewed the membership evidence, finding no cards older than one year.

The employer filed a section 8.1 notice, but the applicant had over 40% support even on the employer's list, so the ballot box would not be sealed.

The Board confirmed the vote arrangements and directed that ballots of disputed positions be segregated.

Canadian Union of Public Employees v. Guelph Wellington Association for Community Living, 2000 CanLII 12813

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.

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 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 to determine the effect of the injunction on the Board's processes.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. St. Joseph’s Health Centre – St. Joseph’s Hospital, 2000 CanLII 6429

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.

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 against certain individuals associated with the applicant precluded a 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 injunction.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. St. Joseph’s Health Centre – St. Joseph’s Hospital, 2000 CanLII 9551

Patrick Kelly

J. A. Ronson

D. A. Patterson

Representation vote ordered in displacement certification application, with 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 established sufficient membership support to warrant a representation vote.

The intervenor argued that a recent Superior Court of Justice injunction order prevented the vote, or alternatively, that the ballot box should be sealed pending a hearing.

The Board directed that a representation vote be held but ordered the ballot box sealed until a hearing could be held to consider the impact of the Court's order and a related Public Sector Labour Relations Transition Act application.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. St. Joseph’s Health Centre (Mount Hope Centre for Long Term Care), 2000 CanLII 7169

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 part-time employees currently represented by the intervenor.

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

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

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 injunction and a related Public Sector Labour Relations Transition Act application.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. St. Joseph’s Health Centre (Mount Hope Centre for Long Term Care) (Part-time Employees), 2000 CanLII 8565

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

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

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

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

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

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Grand River Hospital, 2000 CanLII 13329

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

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

The applicant union filed a displacement application for certification.

The Board found the applicant to be a trade union and that it appeared to have the requisite 40 percent membership support in the proposed bargaining unit.

The Board ordered a representation vote.

However, due to an intervenor's objection based on a Superior Court injunction against individuals associated with the applicant, the Board directed that the ballot box be sealed pending a hearing on whether the injunction affects the Board's usual processes.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Grand River Hospital, 2000 CanLII 13328

Patrick Kelly

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardMar 17, 2000

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

The applicant union filed displacement applications for certification for employees currently represented by the intervenor.

The Board found that the applicant appeared to have the requisite 40% membership support 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 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 determine the effect of the Court's order.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Anselma House, 2000 CanLII 8060

J. A. Ronson

David A. McKee

OLRB0 cases1999–2001

D. A. Patterson

OLRBOntario Labour Relations BoardMar 17, 2000

Board directs representation vote for certification application but orders ballot box sealed pending status determination.

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

The Board directed a representation vote for the agreed-upon bargaining unit.

However, because the Board had not yet determined whether the applicant was a trade union within the meaning of the Labour Relations Act, 1995, the Board ordered the ballot box sealed pending a hearing on that issue in another file.

Universal Workers Union, L.I.U.N.A. Local 183 v. Parsec Intermodal of Canada Limited/Parsec Intermodal du Canada Limitée, 2000 CanLII 10989

J. A. Ronson

David A. McKee

OLRB0 cases1999–2001

D. A. Patterson