H. Peacock

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardAug 1, 2000

Representation vote directed in certification application despite employer's dispute over bargaining unit estimate.

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 applicant's proposed bargaining unit could be appropriate and that the numerical difference between the parties was not significant.

The Board directed a representation vote.

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

Industrial Wood and Allied Workers of Canada v. Stress-crete Limited, 2000 CanLII 1230

Patrick Kelly

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardAug 1, 2000

Application withdrawn at the request of the applicant.

The applicant, Ontario Nurses' Association, requested to withdraw its application against Finlandia Hoivakoti Nursing Home.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

Ontario Nurses’ Association v. Finlandia Hoivakoti Nursing Home (Finlandia Nursing Home Ltd.), 2000 CanLII 7857

Patrick Kelly

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardAug 1, 2000

Application withdrawn with leave of the Board.

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

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Ontario Public Service Employees Union v. Anago (Non) Residential Resources Inc. c.o.b. as Genest Detention Centre, 2000 CanLII 1700

Patrick Kelly

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardJul 31, 2000

Board directs representation vote for proposed bargaining unit in union certification application.

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

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

Based on the agreement of the parties regarding the appropriate bargaining unit and the membership evidence filed, the Board directed that a representation vote be taken among the eligible employees.

International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) v. E.R. Schepens Electrical Service Ltd., 2000 CanLII 2676

Patrick Kelly

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardJul 31, 2000

Representation vote directed in certification application with ballot box sealed due to bargaining unit dispute.

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 gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the proposed bargaining unit could be appropriate but could not be certain that 40 per cent of the individuals in the unit were members of the union.

The Board directed a representation vote with the ballot box sealed and ordered the segregation of ballots cast by office and clerical employees and individuals in disputed positions.

Canadian Union of Operating Engineers and General Workers v. Downsview Services to Seniors Inc., 2000 CanLII 6997

Ron Davis

2 cases2000–2000

Malcolm A. Smeaton

1 case2000–2000

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardJul 21, 2000

Christopher J. Albertyn

OLRB0 cases1998–2025

Applications withdrawn by consent following settlement regarding contracting out of offender transportation services.

The applicant union filed an unfair labour practice complaint and an occupational health and safety reprisal complaint against the responding party employer regarding the contracting out of offender transportation services.

The parties reached Minutes of Settlement wherein the employer agreed to cease and desist from proceeding with the contracting out process for two years and to continue having the services performed by bargaining unit members.

Consequently, the parties requested that the minutes be incorporated into a Board order and the applications be withdrawn.

The Board granted leave to withdraw the applications by consent.

Ontario Public Service Employees Union v. The Crown in Right of Ontario, 2000 CanLII 9861

J. A. Rundle

H. Peacock

Anthony Brown

OLRBOntario Labour Relations BoardJul 21, 2000

Second representation vote ordered in certification application due to failure to segregate ballots.

The applicant union applied for certification.

A representation vote was held, but the ballots cast by part-time employees were not segregated from those cast by full-time employees, contrary to a prior Board direction.

The Board ordered a second representation vote to ensure ballots could be properly segregated and counted separately.

Canadian Union of Public Employees v. Medical Pharmacies Ltd., 2000 CanLII 12890

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardJul 20, 2000

Application adjourned sine die on consent of the parties.

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Ontario Labour Relations Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

Ontario Public Service Employees Union v. Morguard Investments Ltd., 2000 CanLII 10526

J. A. Rundle

H. Peacock

Anthony Brown

OLRBOntario Labour Relations BoardJul 19, 2000

Representation vote deferred pending hearing on application to terminate incumbent union's bargaining rights for alleged fraud.

The applicant union filed applications for certification and for termination of bargaining rights concerning employees of the responding party.

The responding party and intervenor asserted that the employees were already represented by the intervenor and covered by a collective agreement.

The applicant alleged that the incumbent union obtained its certificate by fraud.

The Ontario Labour Relations Board decided not to process the certification application further or order a representation vote until a hearing could be held regarding the termination application and the allegations of fraud.

United Food and Commercial Workers International Union v. 1318359 Ontario Limited, 2000 CanLII 12809

J. A. Rundle

H. Peacock

Anthony Brown

OLRBOntario Labour Relations BoardJul 18, 2000

Representation vote directed in certification application with ballot box sealed pending section 8.1 dispute.

The applicant trade 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, and determined that at least forty percent of the individuals in the proposed bargaining unit were members.

The Board directed a representation vote to be held, with the ballot box sealed pursuant to a section 8.1 notice filed by the responding party.

The matter was referred to the Registrar to be scheduled with a related unfair labour practice application.

International Union of Operating Engineers Local 772 v. DSM Engineering Plastics Ltd., 2000 CanLII 9620

J. A. Ronson

H. Peacock

Caroline Rowan

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

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

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

No statement of desire to make representations was filed within the time fixed under Rule 62 of the Board's Rules of Procedure.

Consequently, the Ontario Labour Relations Board dismissed the application for certification and imposed a one-year bar on future applications by the applicant for the same bargaining unit.

Teamsters Local Union No. 230 v. Lafarge Canada Inc., 2000 CanLII 6342

Laura Trachuk

OLRB0 cases1993–2001

J. A. Rundle

H. Peacock

Board combined full-time and part-time nursing units after finding full-time unit had only one employee.

The applicant union applied to displace the incumbent union as the bargaining agent for full-time and part-time nurses.

The Board found that there was only one person in the full-time bargaining unit, which contravenes the requirement under subsection 9(1) of the Labour Relations Act that a bargaining unit consist of more than one employee.

The Board determined that the appropriate bargaining unit was a combined full-time and part-time unit.

The Board also held that it was prohibited from revisiting its initial determination that the applicant represented 40% of the employees in the proposed unit, and directed that the ballots from both units be counted together.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Maplewood Nursing Home Limited o/a Cedarwood Village, 2000 CanLII 12040

J. A. Ronson

H. Peacock

Caroline Rowan

Union certification granted following a successful representation vote by employees.

The applicant union applied for certification to represent employees of Famous Players Inc. at a specific location.

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 directed that a certificate issue to the applicant.

Previously set meeting and hearing dates were cancelled.

United Food and Commercial Workers International Union, Local 175 v. Famous Players Inc., 2000 CanLII 6347

J. A. Ronson

H. Peacock

Caroline Rowan

Application dismissed on agreement of the parties; representation vote ballots ordered destroyed.

The applicant union brought an application before the Ontario Labour Relations Board.

Having regard to the agreement of the parties, the Board dismissed the application and ordered the destruction of the ballots cast in the representation vote.

Teamsters Local Union 938 v. Fitness Institute Limited, 2000 CanLII 11272

J. A. Ronson

H. Peacock

Anthony Brown

Pre-hearing request for adjournment of certification application deferred to the hearing panel.

The responding party requested an adjournment of an application for certification, arguing it should be heard alongside a related section 69 application.

The intervenors did not object, but the applicant opposed the request.

The Board declined to grant the adjournment in advance, directing that the issue be decided by the panel scheduled to hear the matter.

Ontario Public Service Employees Union v. South Cochrane Child and Youth Services, 2000 CanLII 3233

J. A. Ronson

H. Peacock

Caroline Rowan

Application withdrawn by leave of the Board on agreement of the parties.

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

Having regard to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

Kingston Typographical Union, Local 30204 of Communications Workers of America v. The Kingston Whig-Standard, 2000 CanLII 5449

J. A. Ronson

H. Peacock

Caroline Rowan

Application withdrawn by leave of the Board.

The applicant, Amalgamated Transit Union, Local 113, sought to withdraw its application against the Toronto Transit Commission.

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

Amalgamated Transit Union, Local 113 v. Toronto Transit Commission, 2000 CanLII 4476

J. A. Ronson

H. Peacock

Caroline Rowan

Union certified as bargaining agent following a successful representation vote.

The applicant union applied for certification to represent employees of Hallcon Cleaning Ltd. at the Ontario Police College.

Following a representation vote where more than fifty percent 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 certified the union as the bargaining agent for the agreed-upon bargaining unit.

Ontario Public Service Employees Union v. Hallcon Cleaning Ltd., 2000 CanLII 10220

J. A. Ronson

H. Peacock

Caroline Rowan