H. Kobryn

J. Wilson

H. Kobryn

OLRBOntario Labour Relations BoardNov 5, 1981

Board grants certification for masonry restoration employees, finding no collective agreement bar from intervener.

The applicant trade union applied for certification to represent masonry restoration employees of the respondent in the construction industry.

The intervener claimed that a subsisting collective agreement between it and the respondent barred the application.

The Board found that the intervener had acted as though it did not hold bargaining rights for the restoration employees, effectively abandoning any such rights if they existed.

Consequently, the Board held there was no collective agreement bar, found the application timely, and issued certificates to the applicant.

Operative Plasterers' and Cement Masons' International Association, Local 172 v. Clifford Masonry Limited, 1981 CanLII 845

R. Kuhm

R. Flood

N. Watt

M. Horan

4 cases1980–2001

M. Gordon

K. Waisglass

D. Peel

B. Fishhein

R. O. MacDowell

OLRB0 cases1980–2001

J. Wilson

H. Kobryn

OLRBOntario Labour Relations BoardOct 27, 1981

Board declined to issue interim direction relieving employer of duty to bargain pending decertification application.

The applicant filed an application to terminate the respondent union's bargaining rights.

In the interim, the intervenor employer sought a direction from the Board relieving it of its obligation to bargain with the union until the termination application was resolved, or guidance on the scope of its bargaining obligation.

The Board declined to issue the requested directions, noting that a termination application does not automatically relieve an employer of its duty to bargain, and that it would be premature to address the issue in the absence of a specific unfair labour practice complaint.

Chris Martin v. Sheet Metal Workers' International Association, Local Union No. 540, 1981 CanLII 797

L. Castaldo

3 cases1980–1981

Gary C.C. Walker

B. Fishbein

68 cases1980–1996

W. Gibson

OLRB0 cases1980–1990

N. B. Satterfield

H. Kobryn

OLRBOntario Labour Relations BoardSep 21, 1981

Interim certification granted for concrete forming employees pending resolution of related employer issues.

The applicant trade union applied for certification for employees engaged in concrete forming construction.

The Board granted an adjournment regarding the related employer and sale of business issues between the two respondents.

However, the Board proceeded with the application concerning Highrise Crane and Rental Limited.

Finding that the applicant had the requisite membership support, the Board granted interim certification for a bargaining unit of employees engaged in concrete forming on residential building projects, pending the final determination of the status of Matterhorn Construction.

Labourers' International Union of North America, Local 183 v. Matterhorn Construction (Hamilton) Limited, 1981 CanLII 947

P. Seville

M. Morgan

J. Craddock

D. Wyatt

C. Paliare

5 cases1981–2023

N. B. Satterfield

J. Wilson

H. Kobryn

OLRBOntario Labour Relations BoardSep 8, 1981

Union certified without vote; employee objections deemed involuntary due to employer's threat of closure.

The applicant union applied for certification to represent employees of the respondent's group home.

Although the union filed membership cards for more than 55% of the employees, five employees filed statements of desire opposing the application.

The Board inquired into the voluntariness of these statements.

The Board found that the employer had held a meeting expressing opposition to the union, mentioning potential closure of the home, and shortly thereafter sent termination notices to all employees.

The Board concluded that the employer's actions were capable of unduly influencing the employees, rendering the statements of desire involuntary.

The Board declined to order a representation vote and granted certification.

Ontario Public Service Employees Union v. Renaissance Homes Inc., 1981 CanLII 1043

R. A. Werry

38 cases1980–1994

B. Fishbein

68 cases1980–1996

Ian Springate

OLRB0 cases1981–1988

H. Kobryn

C. G. Bourne

OLRBOntario Labour Relations BoardJun 19, 1981

Single-warehouse bargaining unit deemed appropriate due to distinct community of interest and geographic separation.

The applicant trade union sought certification as the bargaining agent for employees at one of the respondent's four warehouses in Metropolitan Toronto.

The respondent argued that the appropriate bargaining unit should encompass employees at all four warehouses.

The Board applied the Usarco factors to assess the community of interest among the employees.

Despite some functional integration and historical transfers, the Board found that the employees at the Humberline warehouse had a distinct community of interest due to geographic separation and local administration.

The Board concluded that the single-warehouse unit was appropriate for collective bargaining and directed the matter to be re-listed.

Labourers' International Union of North America, Local 183 v. F. W. Woolworth Co. Limited, 1981 CanLII 791

G. Weir

2 cases1981–1982

David McKee

85 cases1980–2000

N. B. Satterfield

J. Wilson

H. Kobryn

OLRBOntario Labour Relations BoardJun 11, 1981

Grievance referral dismissed as untimely; Board declined to extend time limits due to unexplained delay.

The applicant union referred a discharge grievance to the Board for arbitration under section 112a of the Labour Relations Act.

The respondent employer raised a preliminary objection that the referral was untimely.

The Board found that the applicant had delayed progressing the grievance from October 1980 to February 1981 without providing any reasons for the inaction.

Balancing the delay against the potential prejudice to the respondent, the Board declined to exercise its discretion under section 37(5a) of the Act to extend the time limits.

The grievance was deemed not arbitrable and the application was dismissed.

The Millwright District Council of Ontario, United Brotherhood of Carpenters and Joiners of America v. Hurlenco Limited, 1981 CanLII 904

K. W. Kort

12 cases1981–1999

J. F. O'Brien

C. M. Mitchell

38 cases1980–1999

R. D. Howe

OLRB0 cases1980–1993

J. Wilson

H. Kobryn

OLRBOntario Labour Relations BoardJun 11, 1981

Union certified after employee petition opposing certification found involuntary due to perceived management influence.

The applicant trade union applied for certification to represent employees of the respondent nursing home.

A group of employees filed petitions opposing the certification.

The Board held a hearing to determine the voluntariness of the petitions.

The Board found that the employee who circulated the petitions was reasonably perceived by other employees as being in greater proximity to managerial authority, and that she had indicated to signatories that loss of employment or reduction of hours could result from failing to sign.

Consequently, the Board found the petitions were not voluntary and did not cast doubt on the union's membership support.

A certificate was issued to the applicant.

Service Employees International Union, Local 183 AF. of L., C.I.O.. C.L.C. v. Westgate Nursing Home Inc., 1981 CanLII 1032

S. B. D. Wahl

154 cases1980–2001

H. A. Beresford

14 cases1980–1989

H. Kobryn

H.J.F. Ade

OLRBOntario Labour Relations BoardJun 3, 1981

D. F. Franks

OLRB0 cases1981–1985

Grievance dismissed; Board found patent ambiguity in collective agreement and relied on past practice.

The applicant union filed a grievance alleging the employer violated the collective agreement by paying incorrect benefit and training fund amounts for operating engineers on landscaping work.

The employer argued the collective agreement contained a patent ambiguity regarding the application of the 'nearest influencing representative agreement' (the Evans agreement) to the wage schedules.

The Board found a patent ambiguity existed because applying the Evans agreement classifications to the Operating Engineers Appendix wage schedules produced a meaningless result.

Relying on extrinsic evidence of past practice, the Board concluded the parties intended the Evans agreement to modify the Appendix as set out in a 1980 letter from the employer association.

The grievance was dismissed.

Ontario Allied Construction Trades Council v. The Electrical Power Systems Construction Association, 1981 CanLII 873

N. S. Slover

G. A. Howard

David Jewitt

20 cases1981–2015

M. G. Mitchnick

J. Wilson

H. Kobryn

OLRBOntario Labour Relations BoardMay 11, 1981

Applications for related employer and sale of business declarations dismissed where predecessor ceased operations and former employees started new company.

The applicant union sought a declaration that a newly incorporated non-union plumbing company was bound by its provincial agreement with the predecessor unionized company, alleging a sale of business or related employer status.

The predecessor company, controlled by one brother, ceased operations due to an inability to compete with non-union contractors.

The new company was formed by his brother and former employees.

The Board dismissed the applications, finding no common control or direction to support a related employer declaration, and no transfer of a functional economic vehicle to constitute a sale of a business.

Local Union 71 v. 449637 Ontario Inc., 1981 CanLII 1045

Philip J. Wolfenden

16 cases1980–2011

E. G. Posen

8 cases1981–1987

J. Wilson

H. Kobryn

OLRBOntario Labour Relations BoardApr 23, 1981

D. E. Franks

OLRB0 cases1980–1987

Employer threat to employee warrants new representation vote but not automatic certification under section 7a.

The union applied for certification and filed an unfair labour practice complaint, alleging the employer threatened employees with dismissal if they voted for the union.

The Board found that a foreman threatened one employee, violating sections 56 and 58(a) of the Labour Relations Act.

However, the Board dismissed the request for automatic certification under section 7a, finding the single isolated incident insufficient.

The Board ordered the employer to post a notice of its violation and directed a new representation vote.

Canadian Union of United Brewery, Flour, Cereal, Soft Drink and Distillery Workers v. A. Stork & Sons Ltd., 1981 CanLII 805

R. Bond

P. Marier

K. W. Kort

12 cases1981–1999

J. Nicholls

James O'Brien

2 cases1981–2004

C. M. Mitchell

38 cases1980–1999

R. D. Howe

OLRB0 cases1980–1993

J. Wilson

H. Kobryn

OLRBOntario Labour Relations BoardApr 15, 1981

Board permits transfer of union membership evidence between concurrent full-time and part-time certification applications.

The applicant union applied for certification as the bargaining agent for part-time employees of the respondent nursing home, having previously applied for certification for full-time employees.

The union requested that membership cards from the full-time application be transferred to the part-time application.

The respondent and objectors argued that cards should only be counted in one application.

The Board held that the cards could be applied to both files in succession, as the seven-week rule for determining part-time status could result in employees moving between units.

The Board also enlarged the time for the applicant to file a Form 8 Declaration concerning the transferred cards.

Service Employees International Union, Local 183 A. F. of L., C.I.O., C.L.C. v. Westgate Nursing Home Inc., 1981 CanLII 1031

Patricia Conway

8 cases1981–2010

Ian Roland

41 cases1980–2021

Gary Walker

3 cases1981–1982

Alan Franklin

2 cases1981–1981

R. D. Howe

OLRB0 cases1980–1993

H. Kobryn

H.J.F. Ade

OLRBOntario Labour Relations BoardMar 27, 1981

Board grants construction industry certification, issuing two certificates under section 131a of the Labour Relations Act.

The applicant trade union applied for certification as the bargaining agent for construction labourers employed by the respondent in the industrial, commercial and institutional sector in Ontario.

The respondent alleged improper conduct by the union during organizing, but failed to adduce evidence to substantiate the claims.

The Board interpreted section 131a of the Labour Relations Act and determined that the applicant was entitled to two certificates: one for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the relevant geographic area, excluding employees already covered by subsisting collective agreements.

Labourers' International Union of North America, Local 506 v. The Georgian Building Corporation, 1981 CanLII 993

Robin B. Cumine

23 cases1981–2015

Martin Addario

15 cases1981–2016

J James Nyman

38 cases1981–2016

James Ballard

J. Wilson

Ian C. A. Springate

OLRB0 cases1980–1981

H. Kobryn

OLRBOntario Labour Relations BoardMar 20, 1981

Board declares two construction companies to be a single employer with retrospective effect.

The applicant union referred a grievance to the Board and sought a declaration under section 1(4) of the Labour Relations Act that J.D.S. Investments Limited and Martin Ross Construction Ltd. constitute one employer.

The Board found that although the two companies had no common shareholders or officers, Martin Ross Construction's activities were in fact directed by J.D.S.'s construction manager, and the benefits accrued largely to J.D.S.'s owners.

The Board concluded the firms were engaged in related activities under common control or direction.

The Board exercised its discretion to make the declaration to prevent the erosion of bargaining rights, and held that the declaration had retrospective effect to the commencement of the related activities.

The Carpenters' District Council of Toronto and Vicinity v. J.D.S. Investments Limited and Martin Ross Construction Ltd., 1981 CanLII 916

Roger Neath

Paula M. Rusak

18 cases1981–2016

Margaret Truesdale

James Fyshe

32 cases1981–2011

Edward A. Bartley

2 cases1980–1981

Arthur Enman

M. G. Mitchnick

H. Kobryn

H.J.F. Ade

OLRBOntario Labour Relations BoardMar 2, 1981

Certification application dismissed as proposed bargaining unit was inappropriately limited to one division.

The applicant trade union applied for certification to represent employees in the respondent's flooring division.

The respondent argued the bargaining unit should include all trades employed on the date of application, encompassing both its flooring and roofing divisions.

The Board found that the applicant did not have craft union status and evaluated the appropriate bargaining unit under section 6(1) of the Labour Relations Act.

Given the interchangeability of employees between the divisions and the potential for jurisdictional disputes in the construction industry, the Board determined the appropriate unit must include both the roofing and flooring divisions.

As the applicant had membership support of less than thirty-five percent in this broader unit, the application for certification was dismissed.

United Brotherhood of Steeplejacks and Allied Trades of Canada v. A. N. Shaw Restoration Ltd., 1981 CanLII 806

Harvey Spiegel

Not Practising Law1 case1981–1981

J. Wilson

H. Kobryn

OLRBOntario Labour Relations BoardFeb 9, 1981

D. E. Franks

OLRB0 cases1980–1987

Termination application timely; subsequent collective agreement cannot defeat an already filed application.

The applicant applied to terminate the respondent union's bargaining rights.

The union and the intervener employer signed a collective agreement after the application was filed.

The Board found the application was timely under sections 49(1) and 53(3)(b) of the Labour Relations Act, as the protection period following conciliation had expired.

The Board held that a collective agreement signed subsequent to the application cannot defeat it.

Finding that the petition represented the true wishes of the employees, the Board ordered a representation vote.

Laura F. Cochlin v. United Cement Lime & Gypsum Workers International Union, 1981 CanLII 935

J. Wilson

H. Kobryn