H. Peacock

J. A. Rundle

H. Peacock

Application withdrawn following an agreement between the parties.

The applicant filed an application against the responding party.

Having regard to the agreement of the parties dated November 8, 2000, the Ontario Labour Relations Board ordered the matter withdrawn.

Daniel S. Touseant v. Biloski Contractors, 2000 CanLII 9746

J. A. Rundle

H. Peacock

Gail Misra

Union certification granted after majority support in representation vote.

The applicant union applied for certification to represent a bargaining unit of 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 statements of desire to make representations filed, the Ontario Labour Relations Board found the bargaining unit appropriate and ordered that a certificate issue to the applicant.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Hallmark Housekeeping Services Inc., 2000 CanLII 7560

J. A. Rundle

H. Peacock

David McKee

OLRB0 cases1999–2001

Certification application found timely under PSLRTA; representation vote ordered for hospital employees.

The applicant trade union applied for certification to represent employees at a successor hospital.

The Board found the application timely under section 28(2) of the Public Sector Labour Relations Transition Act, as it was filed within the 10-day window following a restructuring request.

Finding that the union had the requisite 40% membership support, the Board ordered a representation vote for an all-employee voting constituency, leaving disputes over specific exclusions to be resolved later.

Ontario Public Service Employees Union v. St. Joseph’s Hospital, 2000 CanLII 10069

J. A. Rundle

H. Peacock

Gail Misra

Board ordered sealed ballot boxes in displacement applications to be opened and counted.

The applicant trade union requested that the sealed ballot boxes in several displacement applications be opened and counted, following a recent Board decision in related files.

The responding parties and intervenor either agreed or took no position.

The Board directed a Labour Relations Officer to meet with the parties to open the ballot boxes and count the ballots.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. St. Joseph’s Care Group (Part Time Service), 2000 CanLII 7067

J. A. Rundle

H. Peacock

Gail Misra

Application withdrawn with leave of the Board following settlement.

The applicant union sought to withdraw its application following a settlement reached between the parties on November 9, 2000.

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

Canadian Union of Public Employees and its Local 4232 v. Anduhyaun Inc. and Catherine Brooks, 2000 CanLII 6652

J. A. Ronson

OLRB0 cases1980–2001

H. Peacock

Gail Misra

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application against the responding party employer.

The Ontario Labour Relations Board considered the request.

The Board granted leave for the withdrawal.

The application was formally withdrawn.

Christian Labour Association of Canada v. Smith Packaging Limited, 2000 CanLII 10644

J. A. Rundle

H. Peacock

Gail Misra

Application adjourned sine die on consent of the parties.

The parties agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if neither party requests to proceed.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 195 v. Windsor Match Plate & Tool Limited, 2000 CanLII 9712

J. A. Rundle

H. Peacock

Gail Misra

Representation vote ordered in certification application after union established sufficient membership support.

The applicant trade union filed an application for certification.

The Board found that the applicant established sufficient membership support in the agreed-upon bargaining unit to warrant a representation vote.

The Board ordered a representation vote to be held on November 21, 2000, for all eligible employees in the voting constituency.

Communications, Energy and Paperworkers Union of Canada v. ELC Electronic Language Communications Ltd., 2000 CanLII 11246

J. A. Rundle

H. Peacock

Gail Misra

Representation vote ordered and ballots to be counted despite employer's section 8.1 notice.

The applicant trade union applied for certification.

The responding party agreed with the bargaining unit description but disputed the applicant's estimate of the number of employees, giving notice under section 8.1 of the Labour Relations Act, 1995.

The Board found the numerical difference was not significant and that the applicant had established sufficient membership support.

The Board ordered a representation vote to be taken and counted.

One Board Member dissented, arguing that section 8.1(4) required the ballot box to be sealed.

Communications, Energy and Paperworkers Union of Canada v. Union Energy, 2000 CanLII 10560

J. A. Ronson

OLRB0 cases1980–2001

H. Peacock

Gail Misra

OLRBOntario Labour Relations BoardNov 16, 2000

Request to limit witness production at Toronto hearing denied; responding party must utilize scheduled days.

The responding party in a union certification application sought to be relieved of its obligation to produce its witnesses at a hearing scheduled in Toronto, proposing to bring only one witness from Ottawa.

The Ontario Labour Relations Board denied the request, noting its policy that the first two days of hearings for parties located more than a three-hour drive from Toronto must be held in Toronto.

As the responding party bore the onus, it was responsible for ensuring sufficient witnesses were present to make full use of the scheduled hearing days.

Canadian Union of Public Employees v. Ottawa Regional Hospital Linen Services Inc., 2000 CanLII 12069

Patrick Kelly

J. A. Rundle

H. Peacock

Application adjourned sine die for up to one year on consent of the parties.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, having regard to the agreement of the parties.

If neither party requests to proceed within that time, the matter will be deemed terminated.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Arnprior Your Independent Grocer, 2000 CanLII 9895

Patrick Kelly

J. A. Rundle

H. Peacock

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

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots were cast in favour of the applicant.

The Board dismissed the application and imposed a one-year bar on further applications by the applicant for the same bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Syri-Con Corporation, 2000 CanLII 10863

Patrick Kelly

J. A. Rundle

H. Peacock

Representation vote directed in application for termination of bargaining rights.

The applicants filed an application under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party trade union no longer represents the employees in the bargaining unit.

The Board found the application to be timely and that not less than forty per cent of the employees had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken to determine whether the employees wish to continue to be represented by the responding party.

Peckford v. United Food and Commercial Workers, Local 206, 2000 CanLII 9295

Patrick Kelly

J. A. Rundle

H. Peacock

Complaint withdrawn with leave of the Board.

The applicant union requested to withdraw its complaint.

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

Communications, Energy and Paperworkers Union of Canada v. J. A. Wilson Display Ltd., 2000 CanLII 5113

Patrick Kelly

J. A. Rundle

H. Peacock

Union certification granted following a successful representation vote by employees.

The applicant union applied for certification as the bargaining agent for a unit of employees of the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board found the proposed bargaining unit appropriate and directed that a certificate issue to the applicant.

Communications, Energy and Paperworkers Union of Canada v. Ashwarren International Inc., 2000 CanLII 4977

Patrick Kelly

J. A. Rundle

H. Peacock

Union certification granted following a successful representation vote.

The applicant union applied for certification as the bargaining agent for the employees of the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, the Ontario Labour Relations Board found the proposed bargaining unit appropriate and ordered that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Sincere Trading of K.B.A. Co-operative Ltd., 2000 CanLII 9087

Patrick Kelly

J. A. Rundle

H. Peacock

Union decertified following representation vote where majority of employees voted in opposition.

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

Following a representation vote in which more than fifty per cent of the ballots were cast in opposition to the union, and with no statements of desire to make representations filed, the Board declared that the union no longer represents the employees of the intervenor employer.

Donna Desautels v. International Brotherhood of Electrical Workers, Local 730, 2000 CanLII 4596

Patrick Kelly

J. A. Rundle

H. Peacock

Union decertified following a representation vote where a majority of employees voted against the union.

The applicant applied to terminate the bargaining rights of the responding party union.

A representation vote was held, and more than fifty percent of the ballots cast were in opposition to the union.

No statements of desire to make representations were filed.

The Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer.

Pearce v. United Steelworkers of America, Local 6520, 2000 CanLII 7702

Patrick Kelly

J. A. Rundle

H. Peacock