H. Peacock

H. Peacock

Caroline Rowan

OLRBOntario Labour Relations BoardJul 11, 2001

Board clarified it considered membership cards older than six months in directing a representation vote.

The applicant union applied for certification.

The Board previously directed a representation vote and sealed the ballot box.

In this decision, the Board clarified that in determining whether 40% of the proposed bargaining unit were members of the union, it considered membership cards signed more than six months, and in some cases more than twelve months, prior to the application date.

The Board provided a breakdown of the card dates and scheduled a hearing to address outstanding issues, including the responding party's objection to the use of older membership cards.

National Automobile, Aerospace, Transportation and General Workers Union of Canada v. Toyota Motor Manufacturing Canada Inc., 2001 CanLII 4467

Laura Trachuk

J. A. Rundle

H. Peacock

Intervenor union declared bargaining agent following a sale of business representation vote.

The applicant union brought an application under section 69 of the Labour Relations Act, 1995 regarding a sale of business from the Midland Public Utilities Commission to the Corporation of the Town of Midland.

Following a Board declaration that a sale of business and intermingling of employees had occurred, a representation vote was held between the applicant and the intervenor union.

The majority of ballots were cast in favour of the intervenor.

The Board declared the intervenor as the bargaining agent for the affected employees.

International Brotherhood of Electrical Workers, Local 636 v. The Corporation of the Town of Midland, 2001 CanLII 13903

J. A. Ronson

H. Peacock

Caroline Rowan

Board issues consent order terminating union's bargaining rights following sale of business and intermingling.

The applicant hospital filed an application under section 69 of the Labour Relations Act, 1995, seeking a declaration of a sale of business and termination of the union's bargaining rights due to intermingling.

The parties reached a settlement agreeing that a sale occurred, employees were intermingled, and a large disparity existed between union and non-union employees.

The Board issued a consent order declaring the applicant a successor employer and terminating the union's bargaining rights retroactive to the date of the sale.

Brant Community Healthcare System v. Ontario Public Service Employees Union, 2001 CanLII 5048

Laura Trachuk

J. A. Rundle

H. Peacock

Union certification application dismissed after failing to secure majority in representation vote.

The applicant union filed an application for certification.

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

The employees will continue to be represented by the intervenor union.

Education Support Staff Association (ESSA) v. York Region District School Board, 2001 CanLII 5117

Laura Trachuk

J. A. Rundle

H. Peacock

Union certification granted following a successful representation vote among nursing staff.

The applicant union applied for certification to represent registered and graduate nurses employed by the responding hospital.

Following a representation vote where 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 Ontario Labour Relations Board ordered that a certificate issue to the applicant.

Ontario Nurses’ Association v. Haldimand War Memorial Hospital, 2001 CanLII 14089

Laura Trachuk

J. A. Rundle

H. Peacock

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

The Ontario Labour Relations Board granted leave to withdraw the application.

Ontario Public Service Employees Union on behalf of its Local 258 v. The Treatment Centre of Waterloo Region (Rotary Children’s Centre), 2001 CanLII 4096

Patrick Kelly

OLRB0 cases1999–2019

J. A. Ronson

H. Peacock

Application alleging unlawful reprisal withdrawn following a consent order incorporating the parties' settlement agreement.

The applicants filed an application under section 50 of the Occupational Health and Safety Act alleging an unlawful reprisal by the responding party.

Following a meeting with a Labour Relations Officer, the parties entered into a Memorandum of Agreement to resolve the issues.

The responding party agreed not to place letters of counsel on the applicants' fact files and not to impose discipline arising from the events in question.

The Board issued a consent order incorporating the agreement and granted leave to withdraw the application.

Ontario Public Service Employees’ Union v. Ministry of Correctional Services, 2001 CanLII 2885

J. A. Ronson

H. Peacock

Caroline Rowan

Unopposed application for a declaration of successor union rights granted.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor, Service Employees International Union, Local 204, by reason of a merger, amalgamation, or transfer of jurisdiction.

The responding parties initially filed objections but subsequently withdrew them, leaving the application unopposed.

The Board granted the application and issued the requested declaration.

Service Employees International Union, Local 528 v. Service Employees International Union, Local 204, 2001 CanLII 3068

J. A. Ronson

H. Peacock

Caroline Rowan

Union certification granted following a successful representation vote and resolution of outstanding issues.

The applicant union applied for certification as the bargaining agent for a unit of employees at Car Canada Corporation.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, the parties resolved all outstanding issues.

The Ontario Labour Relations Board found the agreed-upon bargaining unit appropriate and directed that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Car Canada Corporation, 2001 CanLII 17189

Laura Trachuk

J. A. Rundle

H. Peacock

Union application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

United Food and Commercial Workers International Union, Local 175 v. Specialty Care Inc. and Woods Park Care Centre Inc., 2001 CanLII 10826

J. A. Ronson

H. Peacock

Caroline Rowan

Proceeding terminated following an agreement between the parties.

The applicant union and responding employer reached an agreement dated July 4, 2001.

Having regard to this agreement, the Ontario Labour Relations Board ordered the proceeding terminated.

International Association of Heat and Frost Insulators and Asbestos Workers, Local 95 v. Nel-Tekk Industrial Specialties Inc., 2001 CanLII 4782

Laura Trachuk

J. A. Rundle

H. Peacock

Board directed responding party to file submissions on applicant's request for a second representation vote.

In an application for certification, a representation vote resulted in a tie with one segregated ballot.

The applicant union initially opposed the inclusion of the individual who cast the segregated ballot but subsequently conceded they should be included in the bargaining unit.

The applicant requested a second representation vote.

The Board directed the responding party to file submissions in response to the applicant's request.

United Food and Commercial Workers International Union Local 175 v. 1148820 Ontario Limited, 2001 CanLII 6129

Laura Trachuk

J. A. Rundle

H. Peacock

Application withdrawn with leave of the Board.

The applicant sought to withdraw her application before the Ontario Labour Relations Board.

The Board granted leave to withdraw the application.

Brenda Dayball v. S.E.I.U. Local 220, 2001 CanLII 4835

J. A. Ronson

H. Peacock

Caroline Rowan

OLRBOntario Labour Relations BoardJul 6, 2001

Board directs representation vote in application for termination of bargaining rights.

The applicants applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the bargaining rights of the responding party union.

The Board found that not less than forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

Despite the union's assertion that the application should be dismissed without a vote under section 63(16), the Board directed that a representation vote be taken, with the ballot box not to be sealed, and deferred outstanding issues to a post-vote hearing.

Conte et al. v. Canadian Union of Public Employees (Cupe) and its’ Local Union No. 145, 2001 CanLII 2671

J. A. Ronson

H. Peacock

Caroline Rowan

OLRBOntario Labour Relations BoardJul 6, 2001

Representation vote ordered in certification application despite employer's section 8.1 notice disputing bargaining unit composition.

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

The Board found the applicant to be a trade union and that it had established sufficient membership support in its proposed bargaining unit to warrant a representation vote.

The responding party disputed the bargaining unit description and the number of employees, giving notice under section 8.1 of the Labour Relations Act, 1995.

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

The dissenting Board member would have ordered the ballot box sealed pursuant to section 8.1(4) of the Act.

Teamsters Local Union 938 v. Holiday Inn Express Whitby / Oshawa, 2001 CanLII 11158

J. A. Ronson

H. Peacock

Caroline Rowan

OLRBOntario Labour Relations BoardJul 6, 2001

OPSEU declared bargaining agent for paramedics following successful representation vote.

Following a representation vote directed by the Board in which a majority of ballots were cast in favour of the Ontario Public Service Employees Union, the Board declared OPSEU as the bargaining agent for the paramedic employees of Health Trust Pre Hospital Services Inc. pursuant to section 69(6) of the Labour Relations Act, 1995.

The Board also granted leave to withdraw a related application.

Ontario Public Service Employees Union v. Health Trust Pre Hospital Services Inc., 2001 CanLII 12099

J. A. Ronson

H. Peacock

Caroline Rowan

OLRBOntario Labour Relations BoardJul 4, 2001

Board directs representation vote for daycare employees after finding union membership threshold met.

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

The Board found the applicant to be a trade union under the Labour Relations Act, 1995, and determined the appropriate bargaining unit based on the parties' agreement.

Finding 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.

Teamsters International Union, Local 847, AFL-C10-CLC v. Brock Daycare Centre, 2001 CanLII 11005

J. A. Ronson

H. Peacock

Caroline Rowan

OLRBOntario Labour Relations BoardJul 4, 2001

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

The Ontario Labour Relations Board granted leave to withdraw the application and ordered the responding party to post copies of the decision for 30 days.

Canadian Union of Public Employees v. Town of Ajax, 2001 CanLII 20423

J. A. Ronson

H. Peacock

Caroline Rowan