H. Peacock

H. Peacock

Brian McLean

Union certification granted following a successful representation vote at a Ready Mix operation.

The applicant union applied for certification to represent employees at the responding party's Ready Mix operation in Barrie.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board granted the certificate and defined the appropriate bargaining unit.

International Union of Operating Engineers, Local 793 v. Lafarge Canada Inc., 2000 CanLII 10145

J. A. Ronson

H. Peacock

Brian McLean

Union certification granted following a successful representation vote.

The applicant union applied for certification.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board ordered that a certificate issue to the applicant for the agreed-upon bargaining unit.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Newcastle Block Ltd., 2000 CanLII 7015

J. A. Ronson

H. Peacock

Brian McLean

Application withdrawn with leave of the Board.

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

The Board granted leave and the application was withdrawn.

International Union of Operating Engineers, Local 793 v. Fowler Construction Company Limited, 2000 CanLII 9050

J. A. Ronson

H. Peacock

Brian McLean

Union certification granted following successful representation vote, despite intervenor's objections regarding pending external proceedings.

The applicant union brought a displacement application for certification.

Following a representation vote won by the applicant, the intervenor argued the application should be dismissed or the certificate delayed due to pending court and Canada Labour Congress proceedings.

The Board rejected this argument, consistent with its previous decisions on identical issues between the parties.

Finding that more than fifty percent of the ballots were cast in favour of the applicant, the Board ordered that a certificate issue.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Leamington United Mennonite Home and Apartments, 2000 CanLII 13272

J. A. Ronson

H. Peacock

Brian McLean

Certification application dismissed after union failed to win more than 50% of representation vote.

The applicant union applied for certification.

A representation vote was held, but not more than 50% of the ballots cast by employees in the bargaining unit were in favour of the applicant.

No statements of desire to make representations were filed.

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

Christian Labour Association of Canada v. Cambridge Shopping Centres Limited, 2000 CanLII 6668

J. A. Ronson

H. Peacock

Brian McLean

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

The applicant union applied for certification.

Following a representation vote where not more than 50% of the ballots were cast in favour of the applicant, and no statement of desire to make representations was filed, the Ontario Labour Relations Board dismissed the application.

A one-year bar on further certification applications by the applicant for this bargaining unit was imposed.

Teamsters Local Union 938 v. Selectone Paints Limited, 2000 CanLII 9152

Patrick Kelly

OLRB0 cases1999–2019

J. A. Rundle

H. Peacock

Board declined to postpone certification following successful representation vote by displacing union.

The applicant union applied for certification to displace the intervenor union.

Following a representation vote where more than 50 percent of the ballots were cast in favour of the applicant, the intervenor requested that the Board postpone issuing a certificate pending the outcome of a contempt application and proceedings under the Canadian Labour Congress constitution.

The Board dismissed the request, finding no valid reason to delay and noting that section 10 of the Labour Relations Act, 1995 requires the Board to certify the applicant when it wins the representation vote.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Maplewood Nursing Home Limited o/a Cedarwood Village, 2000 CanLII 13009

J. A. Ronson

H. Peacock

Brian McLean

Unfair labour practice complaints adjourned sine die following settlement requiring payment and notice posting.

The applicant union filed unfair labour practice complaints against the responding employer and individuals.

The parties entered into Minutes of Settlement resolving all differences, which included a payment of $1,600 to an employee and an agreement to post a Notice to Employees regarding their rights under the Labour Relations Act, 1995.

The Ontario Labour Relations Board adjourned the matters sine die and directed the employer to post the Notice to Employees for 30 days and include it with the employees' regular pay, in accordance with the settlement.

International Brotherhood of Electrical Workers, Local 586 v. KW Electric, 2000 CanLII 13594

J. A. Ronson

H. Peacock

Brian McLean

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

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

A representation vote was held, and not more than fifty per cent of the ballots cast were in favour of the applicant.

As a result, the Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for this bargaining unit.

Local Union 636 of the International Brotherhood of Electrical Workers v. Gravenhurst Hydro-Electric Commission, 2000 CanLII 8900

Lewis Gottheil

30 cases1982–2016

J. A. Rundle

H. Peacock

Bram Herlich

OLRB0 cases1990–2026

Application for certification and unfair labour practice complaint withdrawn pursuant to Minutes of Settlement.

The CAW-Canada filed an application for certification, and SEIU Local 663 filed an unfair labour practice complaint against the employer and CAW-Canada.

On the day scheduled for hearing, the parties executed Minutes of Settlement resolving their disputes.

Pursuant to the settlement, the parties agreed that a collective agreement subsisted between SEIU Local 663 and the employer, and both the application for certification and the unfair labour practice complaint were withdrawn by leave of the Board.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Sexual Assault Crisis Centre (Kingston) Inc., 2000 CanLII 12049

J. A. Ronson

H. Peacock

Brian McLean

Responding party granted until August 10, 2000, to file its response.

The Ontario Labour Relations Board issued a brief procedural decision directing that the responding party has until August 10, 2000, to file its response to the application.

Zaluski v. Valthane Inc., 2000 CanLII 4847

J. A. Ronson

H. Peacock

Brian McLean

Board ordered ballots from a representation vote to be counted, dismissing intervenor's request to seal the box.

The applicant union applied to represent a group of ambulance workers.

A second representation vote was scheduled following a memorandum of settlement.

The intervenor union requested that the ballot box be sealed pending the outcome of future proceedings, arguing that counting the ballots would prejudice its position that it already held bargaining rights for the employees.

The Board dismissed the request and ordered the ballots to be counted, noting that there was no agreement to seal the box, counting the ballots might obviate the need for further hearings, and any prejudice to the intervenor was diminished because its arguments were primarily legal.

Ontario Public Service Employees Union v. City of Hamilton/Region of Hamilton-Wentworth, 2000 CanLII 12164

J. A. Ronson

H. Peacock

Brian McLean

Applicant directed to respond to responding party's request to dismiss the application.

The responding party requested that the application under section 96 of the Labour Relations Act, 1995 be dismissed on the basis that it is bound by section 3(h) of the Act.

The Board directed the applicant to respond to the request by a specified date.

The Ontario Public Service Employees Union and its Local 420 v. Loyalist College, 2000 CanLII 11736

J. A. Ronson

H. Peacock

Brian McLean

Board deferred various procedural requests to be heard by the panel at the scheduled hearing.

The Ontario Labour Relations Board received multiple requests regarding several complex, related applications involving the United Food and Commercial Workers International Union, District 2A, and Ryder Logistics.

The Board determined that given the complexity of the matters, all requests should proceed before the panel at the scheduled hearing rather than being decided in advance.

United Food and Commercial Workers International Union v. 1318359 Ontario Limited c.o.b. as Ryder Logistics, 2000 CanLII 11835

J. A. Ronson

H. Peacock

Brian McLean

Representation vote directed for proposed bargaining unit.

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

The Ontario Labour Relations Board found that the applicant is a trade union under the Labour Relations Act, 1995, and 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 held.

International Union of Operating Engineers, Local 772 v. Waste Recycling Inc., 2000 CanLII 4858

J. A. Rundle

H. Peacock

Brian McLean

Representation vote directed in union certification application; disputed ballots to be segregated.

The applicant trade union applied for certification to represent telephone sales representatives.

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

The Ontario Labour Relations Board found that the applicant established sufficient membership support to direct a representation vote.

The Board directed that a vote be taken, with ballots from individuals in disputed positions to be segregated.

A dissenting Board member would have directed the entire ballot box to be sealed pursuant to section 8.1(4) of the Act.

United Food and Commercial Workers International Union v. Telespectrum Worldwide (Canada) Inc., 2000 CanLII 11262

J. A. Rundle

H. Peacock

Brian McLean

Representation vote directed in application to terminate trade union's bargaining rights.

The applicant applied 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 at Ipex Inc. The Board found the application timely and that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken of the employees in the bargaining unit.

Andrew Candido v. Glass, Molders, Pottery, Plastics and Allied Workers International Union, Local 64, 2000 CanLII 5265

J. A. Rundle

H. Peacock

Brian McLean

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

The applicant trade union filed an application for certification to represent employees of the responding party.

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

The majority of the Board found that the numerical difference between the parties' estimates was not significant and that the applicant had established sufficient membership support to direct a representation vote and have the ballots counted.

A dissenting Board member would have directed the ballot box to be sealed pursuant to section 8.1(4) of the Act.

Communications, Energy and Paperworkers Union of Canada Local 87-M Southern Ontario Newspaper Guild v. Sing Tao Newspapers (Canada 1988) Limited, 2000 CanLII 9596

J. A. Rundle

H. Peacock

Brian McLean