G. T. Surdykowski

H. Kobryn

G. T. Surdykowski

OLRBOntario Labour Relations BoardOct 30, 1989

Request for interim certificate document denied; written decision serves as interim certification.

The applicant union requested the issuance of an interim certificate document pursuant to section 6(2) of the Labour Relations Act, pending the final resolution of related section 1(4) and 63 applications.

The Ontario Labour Relations Board denied the request, clarifying that the Act does not contemplate an interim certificate document.

The Board's written decision recording its determination to certify the union on an interim basis serves as the only necessary documentation.

International Brotherhood of Electrical Workers, Local 353 v. P & M Electric (1982) Ltd., 1989 CanLII 3008

P. V. Grasso

OLRB0 cases1983–1997

G. T. Surdykowski

D. A. MacDonald

OLRBOntario Labour Relations BoardOct 23, 1989

Single ballot cast in a representation vote must be counted despite revealing the voter's choice.

In an application for certification, a pre-hearing representation vote was held in which only one person was eligible to vote and cast a ballot.

The applicant trade union requested that the ballot not be counted to preserve the secrecy of the vote, and that a new vote be held.

The respondent employer agreed the ballot should not be counted but argued the application should be dismissed.

The Ontario Labour Relations Board held that the mere fact that only one person was eligible to vote or cast a ballot does not invalidate a representation vote.

The Board concluded that while secrecy of the ballot is important, it should not take precedence over the right of employees to choose whether to be represented by a trade union.

The Board directed that the ballot box be unsealed and the single ballot counted.

United Brotherhood of Carpenters and Joiners of America, Local 27 v. Mollenhauer Limited, 1989 CanLII 3009

W. Dermody

Stephen A. McArthur

21 cases1988–2015

S. B. D. Wahl

154 cases1980–2001

W. N. Fraser

H. Kobryn

G. T. Surdykowski

OLRBOntario Labour Relations BoardOct 17, 1989

Employee petitions opposing union certification rejected as involuntary due to employer interference via a working foreman.

The union applied for certification.

A group of objecting employees sought reconsideration of a prior Board decision finding their petitions opposing certification to be untimely.

The Board allowed the reconsideration, finding the petitions were timely as they were deposited with Canada Post on the terminal date, despite bearing the next day's registration stamp.

However, upon inquiring into the voluntariness of the petitions, the Board found they were not a voluntary expression of employee wishes.

The petitions were initiated and circulated by a working foreman who was perceived to be acting on behalf of the employer and who made threats regarding job security.

As the petitions were given no weight, the union was entitled to certification.

International Brotherhood of Electrical Workers, Local 353 v. P & M Electric (1982) Ltd., 1989 CanLII 3010

J. A. Rundle

OLRB0 cases1986–2001

H. Peacock

OLRB0 cases1987–2001

G. T. Surdykowski

OLRBOntario Labour Relations BoardSep 22, 1989

Union certified without a hearing or vote after demonstrating requisite membership support in the construction industry.

The applicant trade union applied for certification as the bargaining agent for journeymen and apprentice painters employed by the respondent in the construction industry.

The respondent employer requested a hearing and a representation vote, arguing that certification would negatively impact its business and that employees were misled.

The Board denied the requests, noting that the size of the business and potential financial impact are irrelevant to certification, and the respondent failed to particularize its allegations of impropriety.

Finding that the applicant had demonstrated membership support of over fifty-five percent, the Board granted the application and issued certificates for both the industrial, commercial and institutional (ICI) sector province-wide and all other sectors in the relevant geographic area.

International Brotherhood of Painters & Allied Trades, Local 205 v. Westdale Painting & Decorating Ltd., 1989 CanLII 3000

N. Wilson

OLRB0 cases1981–1992

G. T. Surdykowski

D. A. MacDonald

OLRBOntario Labour Relations BoardSep 21, 1989

Certification granted for plumbers and steamfitters; welders excluded from bargaining unit unless qualified in trade.

The applicant trade union applied for certification as the bargaining agent for plumbers and steamfitters employed by the respondent in the construction industry.

The applicant requested a clarity note to include welders working in these trades in the bargaining unit.

The Board held that because plumbing and steamfitting are compulsory certified trades under the Apprenticeship and Tradesmen's Qualification Act, only qualified journeymen or apprentices can lawfully work in those trades and be included in the bargaining unit.

The request for a clarity note regarding welders was denied, but the Board granted the application for certification for the qualified tradespersons.

United Brotherhood of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 800 v. O. J. Pipelines Incorporated, 1989 CanLII 2995

Walter Thornton

47 cases1986–2001

Douglas J. Wray

69 cases1980–2001

P. V. Grasso

OLRB0 cases1983–1997

G. T. Surdykowski

D. A. MacDonald

OLRBOntario Labour Relations BoardSep 13, 1989

Board denies union's request to convert certification application and dismisses unfair labour practice complaint regarding employee transfers.

The applicant union sought to convert its application for certification from one requesting a pre-hearing representation vote to a regular application.

The Board denied the request, finding that an applicant must make its choice at the time of filing and cannot later resile from it without consent or extraordinary circumstances.

The Board also dismissed the applicant's unfair labour practice complaint, finding that the respondent employer's transfer of two employees out of the bargaining unit was done in the normal course of operations and was not motivated by anti-union animus.

Consequently, the transferred employees were not entitled to vote in the pre-hearing representation vote.

United Brotherhood of Carpenters and Joiners of America, Local 27 v. Mollenhauer Limited, 1989 CanLII 2996

Ronald Springall

Michael Gordon

40 cases1980–1991

Michael Duden

4 cases1989–1995

Joanne L. McMahon

10 cases1987–2016

Howard Wood

6 cases1983–1995

J. Lear

OLRB0 cases1989–1992

G. T. Surdykowski

OLRBOntario Labour Relations BoardAug 21, 1989

E. G. Theobald

OLRB0 cases1983–1995

First contract arbitration application adjourned sine die pending resolution of underlying certification reconsideration requests.

The applicant union applied for a direction that a first collective agreement be settled by arbitration.

The respondent employer raised two preliminary objections.

First, it argued the applicant's name did not match the certified trade union.

The Board found this to be a mere technical irregularity and amended the applicant's name.

Second, the respondent argued the application was premature due to pending reconsideration requests regarding the underlying certification.

The Board agreed that the chaotic situation created by the multiple proceedings and the applicant's own challenge to its representation rights needed to be resolved first.

The Board adjourned the application sine die pending the disposition of the other proceedings.

The United Food & Commercial Workers Union, Local 206 v. Knob Hill Farms Limited, 1989 CanLII 3088

W. J. McNaughton

30 cases1980–2000

Ray Kurki

2 cases1989–1990

Peter Chauvin

11 cases1986–2001

Mark Contini

25 cases1981–2023

Lou Cianfarani

L. A. Richmond

78 cases1983–2001

Joe De Wit

G. Ward

4 cases1985–1993

David McKee

85 cases1980–2000

C. Coffin

2 cases1989–1990

W. Gibson

OLRB0 cases1980–1990

G. T. Surdykowski

C. A. Ballentine

OLRBOntario Labour Relations BoardJul 21, 1989

Preliminary motion to dismiss jurisdictional dispute denied; Apprenticeship Act does not grant exclusive trade jurisdiction.

In a jurisdictional dispute over the application of aluminum cladding or lagging over insulation, the respondent Sheet Metal Workers brought a preliminary motion to dismiss the complaint.

They argued that the work in dispute was sheet metal work, a compulsory certified trade under the Apprenticeship and Tradesmen's Qualification Act, and could therefore only lawfully be assigned to journeymen or apprentice sheet metal workers.

The Board dismissed the preliminary motion, finding that the Apprenticeship Act does not provide any trade with an exclusive jurisdiction and that trade jurisdictions in the construction industry frequently overlap.

The Board concluded it would be inappropriate to determine the issue without a full hearing on the merits.

International Association of Heat and Frost Insulators and Asbestos Workers, Local 95 v. E. S. Fox Limited, 1989 CanLII 3060

Peter Chauvin

11 cases1986–2001

Elizabeth Mitchell

31 cases1988–2001

H. Kobryn

G. T. Surdykowski

D. A. MacDonald

OLRBOntario Labour Relations BoardJul 14, 1989

Union certification granted; $1.00 initiation fee borrowed from co-worker constitutes valid payment on own behalf.

The applicant union applied for certification.

The respondent employer alleged that an employee did not pay the required $1.00 initiation fee on his own behalf, as he borrowed it from another employee.

The Board held a hearing into the non-pay allegation and found that the loan was a bona fide private arrangement, meaning the employee tendered the money on his own behalf.

The Board also refused the employer's request to inspect other membership cards, citing statutory secrecy protections.

Finally, the Board resolved disputes over the list of employees, excluding truck drivers and hoist operators from the construction labourers bargaining unit, and issued certificates to the union.

Labourers' International Union of North America, Local 506 v. Grant Construction, 1989 CanLII 3065

William Challis

2 cases1986–1989

S. B. D. Wahl

154 cases1980–2001

Joseph Liberman

Suspended Administratively53 cases1980–2001

A. Luchak

W. Gibson

OLRB0 cases1980–1990

G. T. Surdykowski

C. A. Ballentine

OLRBOntario Labour Relations BoardJun 19, 1989

Gilvesy test applies to determine bargaining unit composition for off-site mechanics in construction certification.

The applicant trade union applied for certification in the construction industry.

The Board had to determine whether the 'Gilvesy test' applied to determine which employees should be included in the bargaining unit for the purpose of the count, particularly concerning off-site mechanics under section 117(b) of the Labour Relations Act.

The Board held that the Gilvesy test applies, meaning employees must have spent a majority of their time on the date of application performing bargaining unit work.

The Board found no conflict between this test and section 117(b).

Applying this test, the Board determined the status of six disputed individuals, including some on the list of employees and excluding others based on their duties on the application date.

International Union of Operating Engineers, Local 793 v. Wraymar Construction and Rental Sales Ltd., 1989 CanLII 3239

Stephen A. McArthur

21 cases1988–2015

S. B. D. Wahl

154 cases1980–2001

W. N. Fraser

H. Kobryn

G. T. Surdykowski

OLRBOntario Labour Relations BoardJun 7, 1989

Construction industry bargaining unit for electricians must be limited to qualified journeymen and apprentices.

The applicant trade union applied for certification for a bargaining unit of electricians in the construction industry.

The Board held that because the trade of electrician is a compulsory certified trade under the Apprenticeship and Tradesmen's Qualification Act, the bargaining unit must be described in terms of journeyman and apprentice electricians.

Persons who are neither qualified journeymen nor apprentices cannot lawfully work in the trade and share no community of interest, and were therefore excluded from the bargaining unit for the purpose of the certification application.

The Board found that more than fifty-five percent of the employees in the bargaining unit were members of the applicant and directed that the hearing continue on outstanding issues.

International Brotherhood of Electrical Workers, Local 353 v. P & M Electric (1982) Ltd., 1989 CanLII 3258

Mary Beth Currie

8 cases1988–1997

John Brooks

Ian Roland

41 cases1980–2021

David Wright

42 cases1989–2015

G. T. Surdykowski

OLRBOntario Labour Relations BoardMay 30, 1989

Informational picketing during unpaid lunch breaks that does not restrict output is not an unlawful strike.

The applicant employer sought declarations and directions under section 92 of the Labour Relations Act, alleging that the respondent union and employees engaged in an unlawful strike by picketing the employer's premises during conciliation.

The Board found that the picketing occurred solely during unpaid lunch breaks, was informational in nature, and did not restrict or limit the employer's output or business operations.

As there was no cessation of work or concerted activity designed to restrict output, the picketing did not constitute an unlawful strike.

The application was dismissed.

The Art Gallery of Ontario v. Ontario Public Service Employees Union, 1989 CanLII 3260

J. A. Rundle

OLRB0 cases1986–2001

H. Kobryn

G. T. Surdykowski

OLRBOntario Labour Relations BoardMay 3, 1989

Pre-hearing representation vote directed in certification application despite employer's failure to file employee list.

The applicant trade union applied for certification and requested a pre-hearing representation vote.

The respondent employer failed to file a reply or a list of employees.

The intervener argued that a vote should not be directed without the respondent's records to assess the applicant's membership position.

The Board held that the purpose of the pre-hearing vote procedure is to test representation quickly, and the absence of the respondent's records does not preclude directing a vote based on the applicant's records.

The Board directed a pre-hearing representation vote and ordered the ballot box sealed pending a subsequent hearing.

Labourers' International Union of North America, Local 183 v. Victor Carpentry Limited, 1989 CanLII 3473

W. N. Fraser

P. V. Grasso

OLRB0 cases1983–1997

G. T. Surdykowski

OLRBOntario Labour Relations BoardApr 20, 1989

Union certification in the construction industry granted without an oral hearing.

The applicant union applied for certification in the construction industry.

The respondent employer requested a hearing, arguing inadequate time to respond and questioning the appropriateness of the bargaining unit and union support.

The Board denied the request for a hearing, finding the materials filed sufficient to dispose of the application.

The Board determined the appropriate bargaining unit and found that more than fifty-five per cent of the employees in the unit were members of the applicant.

Certificates were issued to the applicant.

International Union of Operating Engineers, Local 793 v. B. Maskeli Limited, 1989 CanLII 3121

Thomas K. Moffatt

Suzanne Duncan

6 cases1986–2005

S. C. Bernardo

42 cases1980–2001

N. Wilson

OLRB0 cases1981–1992

G. T. Surdykowski

D. A. MacDonald

OLRBOntario Labour Relations BoardApr 13, 1989

Application for accreditation by employers' organization in the residential construction sector granted.

The Electrical Contractors' Association of Ottawa applied for accreditation as the bargaining agent for employers in the residential sector of the construction industry for whom the International Brotherhood of Electrical Workers, Local Union 586 holds bargaining rights in the Regional Municipality of Ottawa-Carleton, the United Counties of Prescott and Russell, and the County of Lanark.

The Ontario Labour Relations Board found the applicant to be a properly constituted employers' organization and the respondent to be a trade union.

The Board determined the appropriate unit of employers and found that the applicant represented a majority of the employers in the unit, who in turn employed a majority of the employees.

The Board granted the application and issued a certificate of accreditation.

The Electrical Contractors' Association of Ottawa v. International Brotherhood of Electrical Workers, Local Union 586, 1989 CanLII 3134

W. N. Fraser

G. T. Surdykowski

C. A. Ballentine

OLRBOntario Labour Relations BoardMar 22, 1989

Board declined to hold oral hearing on certification application where employer provided no basis for challenging membership evidence.

The applicant trade union applied for certification in the construction industry.

The employer requested an oral hearing to test the membership evidence, alleging it did not reflect the employees' wishes.

The Board declined to hold a hearing, noting that the employer provided no basis or particulars for its allegations, and that construction industry certification applications are typically disposed of without a hearing unless cogent reasons are provided.

The Board defined the appropriate bargaining unit but authorized a Labour Relations Officer to inquire into the list of employees before making final determinations.

Labourers' International Union of North America, Local 1059 v. Lonco Construction Limited, 1989 CanLII 3114

H. Kobryn

G. T. Surdykowski

D. A. MacDonald

OLRBOntario Labour Relations BoardMar 14, 1989

Minor variations in a union's name do not defeat the statutory presumption of trade union status.

The applicant union applied for certification.

The Registrar noted minor differences in punctuation and spelling between the applicant's name and the name previously found to be a trade union by the Board.

The Board held that minor, non-substantive differences in a union's name do not deprive it of the rebuttable evidentiary presumption of trade union status under section 105 of the Labour Relations Act.

The Board found the applicant to be a trade union and directed the Registrar to amend the trade union status records accordingly.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 46 v. Pioneer Mechanical Limited, 1989 CanLII 3115

W. Gibson

OLRB0 cases1980–1990

G. T. Surdykowski

C. A. Ballentine

OLRBOntario Labour Relations BoardFeb 21, 1989

Board varied bargaining unit description to explicitly include both operators and surveyors in certification application.

The applicant union applied for certification in the construction industry.

At the hearing, the Board initially issued an oral ruling defining the bargaining unit to include operators and surveyors but without a clarity note for surveyors.

Upon further review of the statutory scheme and the union's designation order, the Board varied its oral ruling to explicitly include both operators and surveyors in the bargaining unit description.

The Board also authorized a Labour Relations Officer to inquire into whether three disputed individuals were employees of the respondent on the application date.

International Union of Operating Engineers, Local 793 v. Kraft Construction Company (1978) Ltd., 1989 CanLII 3079

J. Redshaw

OLRB0 cases1986–1997

G. T. Surdykowski

D. A. MacDonald