H. Peacock

H. Peacock

OLRBOntario Labour Relations BoardAug 9, 2000

Gail Misra

OLRB0 cases1994–2025

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

The applicant union and responding employer 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 matter will be deemed terminated if neither party requests to proceed.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Trebor Allan Inc., 2000 CanLII 8860

J. A. Rundle

H. Peacock

Brian McLean

OLRBOntario Labour Relations BoardAug 9, 2000

Representation vote ordered in certification application; ballot box not sealed despite employer's section 8.1 notice.

The applicant trade union applied for certification to represent a bargaining unit of employees at the responding party's Mississauga location.

The Board found that the applicant is a trade union and that the proposed bargaining unit is appropriate.

Based on the membership evidence, the Board determined that the applicant had the support of at least 40% of the employees in the unit.

The Board ordered a representation vote.

Although the employer gave notice under section 8.1 of the Labour Relations Act, 1995 disagreeing with the union's estimate of the number of employees, the Board declined to seal the ballot box, finding that the union would still have over 40% support even if the employer's estimate was correct.

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

Service Employees International Union, Local 204 v. Nuance Global Traders (Canada) Inc., 2000 CanLII 8740

Patrick Kelly

J. A. Rundle

H. Peacock

Displacement application for certification granted following successful representation vote.

The applicant union filed a displacement application for certification.

Following a representation vote where more than fifty percent 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 proposed bargaining unit appropriate and directed that a certificate issue to the applicant.

Industrial Wood & Allied Workers of Canada v. Ziegler Lumber Limited, 2000 CanLII 6991

Patrick Kelly

J. A. Rundle

H. Peacock

Union certification granted following a successful representation vote.

The applicant union applied for certification.

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 to the applicant.

The Board also defined the appropriate bargaining unit and cancelled previously set hearing dates.

Hotel Employees Restaurant Employees Union, Local 75 v. 1109696 Ontario Ltd.- Holiday Inn WHWW Hotels (YYZ Co) c.o.b. as Holiday Inn Toronto Airport - East, 2000 CanLII 5360

J. A. Ronson

OLRB0 cases1980–2001

H. Peacock

Brian McLean

Representation vote directed in certification application; submissions ordered on intervener's request to seal ballot box.

The applicant trade union filed an application for certification to represent personal support workers employed by the responding party.

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

An intervener union asserted representation rights and requested the ballot box be sealed pending its sale of business application.

The Board directed the parties to file submissions regarding the intervener's request.

Service Employees International Union, Local 204 Affiliated with the S.E.I.U., A.F. of L., C.I.O., C.L.C. v. Haliburton Highland Health Services Corporation, 2000 CanLII 10741

J. A. Ronson

OLRB0 cases1980–2001

H. Peacock

Brian McLean

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

The applicant union and responding employer 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 matter will be deemed terminated if neither party requests to proceed.

United Food and Commercial Workers International Union, Local 393W v. Coca Cola Bottling Ltd., 2000 CanLII 2646

Patrick Kelly

J. A. Rundle

H. Peacock

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

The applicant union applied for certification.

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

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.

United Steelworkers of America v. Diverseylever Canada, Division of UL Canada Inc., 2000 CanLII 8696

J. A. Ronson

OLRB0 cases1980–2001

H. Peacock

Brian McLean

Board orders representation vote after finding applicant is a trade union and meets membership threshold.

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

The Board found the applicant to be a trade union under the Labour Relations Act, 1995.

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

The Board ordered a representation vote to be held.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Aci-Kardam Manufacturing Limited, 2000 CanLII 10114

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardAug 4, 2000

Caroline Rowan

OLRB0 cases1999–2022

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification as the bargaining agent for a unit of employees at Beach Grove Golf & Country Club.

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

The Board also amended the style of cause to reflect the correct name of the responding party and cancelled previously set meeting and hearing dates.

Service Employees’ International Union, Local 210 v. Beach Grove Golf & Country Club, 2000 CanLII 7389

Patrick Kelly

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardAug 4, 2000

Representation vote ordered in certification application despite employer's section 8.1 notice.

The applicant trade union applied for certification.

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 Board found that the numerical difference between the parties was not significant and that the applicant established sufficient membership support for a representation vote.

The Board ordered a representation vote.

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

Graphic Communications International Union, Local 500M v. Baker Graphics Inc., 2000 CanLII 5997

Patrick Kelly

Patrick Kelly

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardAug 3, 2000

Representation vote ordered in certification application after union demonstrated requisite 40 percent membership support.

The applicant trade union filed an application for certification.

The Ontario Labour Relations Board found that the applicant is a trade union under the Labour Relations Act, 1995 and that it appeared to have the requisite 40 percent membership support in the proposed bargaining unit.

The Board ordered a representation vote to be held, with segregated ballots for several disputed positions.

Communications, Energy and Paperworkers Union of Canada v. Lancaster House Ltd., 2000 CanLII 7861

Patrick Kelly

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardAug 3, 2000

Representation vote ordered in application for certification.

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

The 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 ordered a representation vote to be held, with segregated ballots for disputed positions including the personal manager and quality control staff.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Bi-Ax International Inc., 2000 CanLII 6300

R. A. Rundle

OLRB0 cases2000–2000

Patrick Kelly

H. Peacock