H. Peacock

H. Peacock

Caroline Rowan

Representation vote ordered with ballot box sealed pending resolution of bargaining unit disputes.

The applicant trade union applied for certification.

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and proposed a different unit, giving notice under section 8.1 of the Labour Relations Act, 1995.

The Board found the applicant's proposed unit could be appropriate but noted a significant numerical difference between the parties' estimates.

The Board ordered a representation vote with the ballot box sealed until the disputes regarding the bargaining unit description and employee status are resolved.

Teamsters Local Union 91 v. R. W. Tomlinson Ltd., 2001 CanLII 15358

J. A. Ronson

H. Peacock

Caroline Rowan

Representation vote directed for proposed bargaining unit of Sales Execution Specialists.

The applicant trade union applied for certification to represent Sales Execution Specialists employed by the responding party in Hamilton, Ontario.

The Ontario Labour Relations 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.

The Board directed a representation vote and ordered that ballots of individuals in disputed positions be segregated.

United Food and Commercial Workers International Union Local 175 v. The Coca Cola Bottling Company, 2001 CanLII 18910

Mary Anne McKellar

J. A. Ronson

H. Peacock

Representation vote directed in union certification application with segregated ballots for disputed positions.

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

Finding that the applicant appeared to have the requisite 40 percent membership support, the Board directed a representation vote.

The Board ordered that ballots cast by individuals in disputed positions, including the Administrative Assistant and certain managerial roles, be segregated pending resolution of the bargaining unit description.

United Steelworkers of America v. Larch Street Kids Child Care Centre Inc., 2001 CanLII 16725

Laura Trachuk

OLRB0 cases1993–2001

J. A. Ronson

H. Peacock

Board rescheduled hearing dates for a union certification application to earlier dates.

The applicant union applied for certification, and a vote was held with the ballot box sealed pending resolution of disputes over the geographic scope of the unit and status issues.

The Board issued a procedural decision to reschedule the hearing dates to earlier dates in 2001, cancelling the previously scheduled dates in 2002.

Ontario Public Service Employees Union v. Gamma-Dynacare Medical Laboratories, 2001 CanLII 15312

Mary Anne McKellar

J. A. Ronson

H. Peacock

Representation vote directed in union certification application despite employer's dispute of trade union status.

The applicant union applied for certification.

The responding party disputed the applicant's trade union status and the estimate of employees in the proposed bargaining unit.

The Board noted a previous finding of the applicant's trade union status and found sufficient membership support to direct a representation vote.

The vote was ordered for the proposed bargaining unit, with any outstanding status disputes to be dealt with at a post-vote hearing if necessary.

Industrial Wood & Allied Workers of Canada (I.W.A. Canada) v. SKLF Doors World Inc., 2001 CanLII 14508

Mary Anne McKellar

J. A. Ronson

H. Peacock

Board directs representation vote for paramedics at Almonte General Hospital.

The Ontario Labour Relations Board directed a representation vote for all paramedics employed by Almonte General Hospital in the County of Lanark, excluding supervisors.

The vote was scheduled for August 9, 2001, to determine whether the employees wish to be represented by the Canadian Union of Public Employees and its Local 2119 or by the Ontario Public Service Employees Union.

Canadian Union of Public Employees and its Local 2119 v. Perth and Smith Falls District Hospital, 2001 CanLII 3921

J. A. Ronson

H. Peacock

Caroline Rowan

Representation vote directed in application for certification where responding party failed to file response.

The applicant union filed an application for certification.

As the applicant had not previously been found to be a trade union under the Labour Relations Act, 1995, the Board directed it to file materials establishing its status.

The responding party failed to file a response within the stipulated time.

Based on the membership evidence filed, the Board found that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken.

Office and Professional Employees International Union – SEPB 57 v. Centre financier – Services financiers La Laurentienne Ottawa-Hull (Mérimar Inc.), 2001 CanLII 5776

Mary Anne McKellar

J. A. Ronson

H. Peacock

Representation vote directed for proposed bargaining unit of registered and graduate nurses.

The applicant union filed an application for certification to represent registered and graduate nurses employed by the responding party.

The Board found the applicant to be a trade union under the Labour Relations Act, 1995, and determined that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

The responding party raised a potential conflict of interest issue regarding supervisory duties but did not propose an alternative bargaining unit.

The Board directed that a representation vote be taken of the individuals in the voting constituency.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Leamington United Mennonite Home & Apartments, 2001 CanLII 5368

Mary Anne McKellar

J. A. Ronson

H. Peacock

Union certification granted following a successful representation vote.

The applicant union applied for certification to represent employees at the responding party's retirement residence.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, the Ontario Labour Relations Board granted certification for the agreed-upon bargaining unit.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Steeves & Rozema Enterprises Ltd., 2001 CanLII 5337

Mary Anne McKellar

J. A. Ronson

H. Peacock

Application for certification dismissed after union failed to secure majority in representation vote.

The applicant union filed an application for certification.

Following a representation vote where not more than 50 per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.

The Board cancelled previously set hearing dates and directed the parties' attention to section 10(3) of the Act regarding potential bars to subsequent applications.

Brewery, General & Professional Workers Union v. York Condominium Corporation No. 76, 2001 CanLII 10619

Mary Anne McKellar

J. A. Ronson

H. Peacock

Union certified as bargaining agent for daycare employees following successful representation vote.

The applicant union applied for certification to represent employees at the responding party's daycare centre.

Following a representation vote in which more than fifty per cent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Board found the agreed-upon bargaining unit appropriate.

The Board ordered that a certificate issue to the applicant.

Teamsters International Union, Local 847, AFL-C10-CLC v. Brock Day Care Centre, 2001 CanLII 2726

Mary Anne McKellar

J. A. Ronson

H. Peacock

Application to terminate bargaining rights dismissed after union won representation vote.

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

A representation vote was held, and not more than 50% of the ballots cast by employees in the bargaining unit were in opposition to the union.

As no statement of desire to make representations was filed, the Ontario Labour Relations Board dismissed the application.

Melvern Murray v. Teamsters Local Union 938, 2001 CanLII 8854

Mary Anne McKellar

J. A. Ronson

H. Peacock

Union certification granted for hospital security officers following successful representation vote.

The applicant union applied for certification to represent a bargaining unit of security officers employed by the responding party hospital.

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.

The Board also amended the style of cause to remove an incorrectly identified intervenor.

United Steelworker of America v. Grand River Hospital Corporation, 2001 CanLII 3160

J. A. Ronson

H. Peacock

Caroline Rowan

Employer's request for reconsideration of a vote direction and disclosure of union cards deferred to hearing panel.

The responding party employer filed a request for reconsideration of the Board's decision directing a representation vote in a union certification application.

The employer also requested disclosure relating to the union cards.

The Board deferred the reconsideration request to the panel scheduled to hear the main application.

Regarding disclosure, the Board confirmed that the union cards complied with Rule 66 and explained that it had compared the names on the cards against the employer's list of employees in the proposed bargaining unit, leading to the decision to seal the ballot box pending determination of the employer's section 8.1 objection.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Toyota Motor Manufacturing Canada Inc., 2001 CanLII 4206

Mary Anne McKellar

J. A. Ronson

H. Peacock

Application to terminate union bargaining rights dismissed after representation vote failed to reach majority opposition.

The applicants filed an application to terminate the bargaining rights of the responding party union.

A representation vote was held, and not more than 50 per cent of the ballots cast by employees in the bargaining unit were in opposition to the union.

No statements of desire to make representations were filed.

Consequently, the Ontario Labour Relations Board dismissed the application and cancelled previously set hearing dates.

Conte v. Canadian Union of Public Employees (Cupe), 2001 CanLII 19435

Stephen Raymond

OLRB0 cases2000–2001

J. A. Ronson

H. Peacock

The Board directed the responding party to file its response and note any continuing difficulties with the bargaining unit description.

The Board received a request for reconsideration regarding a bargaining unit description.

The Board noted that the revised bargaining unit described by the trade union appeared to be an exact parallel to the existing full-time unit.

The Board directed the Town to file its response in accordance with the July 20, 2001 direction, noting any continuing difficulties with the bargaining unit description in that response.

Canadian Union of Public Employees v. The Corporation of the Town of Ajax, 2001 CanLII 3656

Stephen Raymond

OLRB0 cases2000–2001

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardJul 23, 2001

Union certification granted following a successful representation vote with no remaining issues in dispute.

The applicant union applied for certification to represent a bargaining unit of office, clerical, and technical employees of the responding party.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, and with no remaining issues in dispute between the parties, the Board issued a final decision without a hearing.

A certificate was ordered to issue to the applicant.

Amalgamated Transit Union, Local 113 v. Toronto Transit Commission, 2001 CanLII 9146

Mary Anne McKellar

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardJul 23, 2001

Application withdrawn with leave of the Board.

The applicant, United Steelworkers of America, sought to withdraw its application against Weston Bakeries Limited.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

United Steelworkers of America v. Weston Bakeries Limited (Kitchener, Ontario), 2001 CanLII 18330

Sukvindor Johl

1 case2001–2001

Stewart Saxe

10 cases1988–2001

Muneshwar Deopaul

In Private Practice1 case2001–2001

Kim Birmingham

2 cases2001–2001

Catherine Gilbert

6 cases1995–2001

Mary Anne McKellar

J. A. Ronson

H. Peacock