H. Peacock

H. Peacock

OLRBOntario Labour Relations BoardJan 21, 2000

Anthony Brown

OLRB0 cases2000–2001

Application for certification dismissed for failing to file with the Board within two days of delivery.

The applicant union delivered an application for certification to the responding party but failed to file it with the Board within the required two-day period under Rule 14 of the Board's Rules of Procedure.

As a result of the late filing, the Board dismissed the application in accordance with Rule 15.

Service Employees Union, Local 478 v. The Crisis Intervention Centre A division of North Bay General Hospital, 2000 CanLII 12415

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardJan 17, 2000

Anthony Brown

OLRB0 cases2000–2001

Board directs representation vote in certification application with segregated ballots for disputed positions.

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

The Board found that the applicant is a trade union and that at least 40% of the individuals in the proposed bargaining unit were members.

The responding party proposed a different bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995, but agreed the ballots should be counted.

The Board directed that a representation vote be taken and established the voting constituency, with disputed positions to cast segregated ballots.

Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 v. Sport Maska Inc., 2000 CanLII 9016

Patrick Kelly

OLRB0 cases1999–2019

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardJan 13, 2000

Reconsideration of decision imposing one-year bar on certification application denied.

The applicant trade union requested reconsideration of a Board decision that granted leave to withdraw its application for certification and imposed a one-year bar on further applications under s. 7(10) of the Labour Relations Act, 1995.

The applicant argued that it had intended for the application to be dismissed without a bar, as a previous panel had found the application to be untimely for full-time employees.

The Board declined to reconsider, finding that its conclusion that the applicant was withdrawing its application was reasonable based on the applicant's correspondence stating it did not wish to pursue the matter further.

International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, Local 357 v. Corporation of the City of Guelph, 2000 CanLII 12117

Russell Goodfellow

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardJan 13, 2000

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

Ontario Public Service Employees Union v. Lee Manor Home for the Aged, 2000 CanLII 1576

Russell Goodfellow

J. A. Rundle

H. Peacock

Applications withdrawn and adjourned sine die pending compliance with settlement terms.

The parties requested to withdraw the application in Board File No. 2049-99-U, which was granted by the Board.

In Board File No. 1755-99-U, the claim for damages against three individual responding parties was withdrawn, and the balance of the application was adjourned sine die pending compliance with the terms of a settlement.

SERCA Foodservices Inc. v. Association of Employees of SERCA Foodservice (Hamilton), 2000 CanLII 12327

Russell Goodfellow

J. A. Rundle

H. Peacock

Union certified as bargaining agent for front desk employees following successful representation vote.

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

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 issued a certificate to the applicant union.

Hotel Employees Restaurant Employees Union, Local 75 v. Royal Equator Inc., 2000 CanLII 9021

Russell Goodfellow

J. A. Rundle

H. Peacock

Board directs representation vote for part-time employees after finding union membership threshold met.

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

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 unit were members of the union, the Board directed that a representation vote be taken.

Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 v. N. Tepperman’s Ltd., 2000 CanLII 7619

Russell Goodfellow

J. A. Rundle

H. Peacock

Request to dismiss certification application for missing schedules denied absent allegation of prejudice.

The responding party requested that the union's application for certification be dismissed or stayed because the union failed to provide Schedules A and B to the application.

The Board denied the request, noting the absence of any allegation of prejudice to the responding party.

However, the Board warned the union that it was granting an indulgence that should not be expected in similar circumstances in the future.

Labourers’ International Union of North America, Local 506 v. Canadian Waste Services Inc., 2000 CanLII 12441

Russell Goodfellow

J. A. Ronson

H. Peacock

Board declined to direct a representation vote and referred the certification application to a hearing.

The applicant union filed an application for certification.

Having regard to the issues raised in the response and intervention, the Ontario Labour Relations Board declined to direct a representation vote at this time.

The matter was referred to the Registrar to be listed for an expeditious hearing to deal with all issues raised by the application.

Ontario Public Service Employees Union v. Hotel Dieu Hospital, 2000 CanLII 10018

Russell Goodfellow

J. A. Ronson

H. Peacock

Matter terminated by the Board following correspondence from the responding party's counsel.

The applicant union filed a matter against the responding party employer.

Having regard to a letter from counsel for the responding party, the Ontario Labour Relations Board ordered the matter terminated.

United Steelworkers of America (Aluminum, Brick and Glass Workers Division), Local 295G v. AFG Industries Ltd., 2000 CanLII 5160

Russell Goodfellow

J. A. Ronson

H. Peacock

Application withdrawn by leave of the Board.

The applicant, Association of Allied Health Professionals: Ontario, sought to withdraw its application against the Community Care Access Centre in Renfrew County.

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

Association of Allied Health Professionals: Ontario v. Community Care Access Centre in Renfrew County, 2000 CanLII 4483

Russell Goodfellow

J. A. Ronson

H. Peacock

Application withdrawn by leave of the Board.

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

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

United Steelworkers of America, Local 9246 v. The Corporation of the Township of Michipicoten, 2000 CanLII 1968

Patrick Kelly

OLRB0 cases1999–2019

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardDec 16, 1999

Certification application dismissed under section 8.1 despite union winning representation vote due to insufficient membership evidence.

The applicant union applied for certification and won a representation vote by a margin of 92 to 59.

However, the responding party raised an objection under section 8.1 of the Labour Relations Act, 1995.

The Board found that the union had submitted membership evidence on behalf of less than 40 per cent of the employees in the proposed bargaining unit.

Consequently, despite the union's success in the representation vote, the Board dismissed the certification application pursuant to section 8.1(5) of the Act.

Hotel, Hospitality & Casino Workers Union v. Renaissance Fallsview Hotel, 1999 CanLII 20175

Tullio Porco

Tracy Ringrose

Rita LaCrita

Nick Sajatovich

Marilee Marcotte

10 cases1994–2010

Leo Lariviere

Kevin Desmarais

Ken Paltridge

Edward W. Ducharme

3 cases1992–1999

Eduard Scherer

Dennis Hastings

Darrell Hennessy

Brendan Morgan

Bob Bamberry

Bert Bastien

J. A. Ronson

Janice Johnston

OLRB0 cases1990–2026

H. Peacock

OLRBOntario Labour Relations BoardDec 8, 1999

Board resolves jurisdictional dispute over HVAC maintenance, allocating work between Plumbers and Operating Engineers.

The Canadian Union of Public Employees (CUPE) filed a jurisdictional dispute application concerning the assignment of certain HVAC maintenance and repair work to the Operating Engineers rather than the Plumbers.

The Board evaluated the competing claims using established criteria, including employer preference, past practice, and the collective agreement.

The Board determined that the replacement of liquid heating valves requiring system shutdown should have been assigned to a composite crew of Plumbers and Operating Engineers.

The installation of an eye wash stand was declared Plumbers' work.

However, the shutdown and relocation of heating components was found to be properly assigned to the Operating Engineers.

Canadian Union of Public Employees, Local Union Number 1393 v. University of Windsor, 1999 CanLII 20166

Stewart D. Saxe

11 cases1982–1999

Mary McArthur

Lisa Kirby

2 cases1994–1999

Kimberly Michaelis

4 cases1998–2000

James Hayes

66 cases1980–2000

Heidi MacDonald

George W. King

12 cases1982–2012

Ed Majewski

2 cases1999–2009

Don Herman

Russell Goodfellow

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardAug 23, 1999

Union's motion to dismiss allegations of ratification vote rigging without hearing evidence is denied.

The individual employees filed an application alleging that the union announced false results for a ratification vote, claiming that 79 employees swore affidavits stating they voted against ratification, despite the union reporting only 39 votes against.

The union brought a motion to dismiss the application without hearing evidence, arguing that allowing post-vote evidence would undermine the secret ballot process mandated by the Labour Relations Act.

The Ontario Labour Relations Board dismissed the union's motion, deciding that given the unprecedented nature and seriousness of the fraud allegations, it would hear the employees' evidence before determining the legal and policy implications.

Scotland v. Retail, Wholesale Canada Canadian Service Sector Division of United Steelworkers of America, 1999 CanLII 20155

Mary Ellen Cummings

OLRB0 cases1991–2009

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardMar 25, 1999

Application to terminate bargaining rights dismissed for failure to serve the union prior to filing.

The applicants filed an application to terminate bargaining rights under section 63(1) of the Labour Relations Act, 1995.

The responding union argued the application should be dismissed because it was not delivered to the union before or on the day it was filed with the Board, as required by section 63(3) and Rule 43bb.

The Board found the applicants failed to comply with the statutory and procedural requirements for delivery and dismissed the application.

Jose Diaz v. Communications, Energy and Paperworkers Union of Canada, 1999 CanLII 19995

William R. Watson

5 cases1985–2000

Tricia Scotland

1 case1998–1998

Thomas Collins

2 cases1993–1998

Stewart Saxe

10 cases1988–2001

Robert Wasserman

Not Practising Law4 cases1997–2025

M. Lisa Kirby

3 cases1991–2000

Mary McArthur

In Private Practice32 cases1998–2017

Lee Ann Beggs

1 case1998–1998

Kimberly Michaelis

4 cases1998–2000

John-Paul Alexandrowicz

James K A. Hayes

George W. King

12 cases1982–2012

Don Herman

Amanda Pask

4 cases1992–2008

Russell G. Goodfellow

OLRB0 cases1993–2000

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardDec 22, 1998

Union's compound ballot combining ratification and strike authorization does not violate the Labour Relations Act.

The objecting employees and the employer challenged the validity of a ratification vote conducted by the union.

The ballot presented a choice between accepting the employer's offer or rejecting it and authorizing a strike.

The applicants argued that this compound ballot violated the Labour Relations Act, 1995 by failing to provide a clear 'yes' or 'no' choice on ratification alone.

The Ontario Labour Relations Board dismissed the challenge, holding that the Act does not mandate a simple 'yes' or 'no' ballot and that the combined ratification/strike ballot is a realistic collective bargaining choice that does not prevent employees from expressing their true wishes.

Scotland v. Retail, Wholesale Canada, 1998 CanLII 18274

Kevin Whitaker

OLRB0 cases1995–2001

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardOct 19, 1998

Decertification application dismissed as less than forty per cent of employees submitted valid, dated membership evidence.

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

The Board found the application timely but noted that of the 26 pieces of membership evidence filed, 11 were undated and one did not indicate the person's intentions.

Because less than forty per cent of the employees in the bargaining unit had expressed a valid wish not to be represented by the trade union at the time the application was filed, the Board dismissed the application.

Phyllis LeWars v. Bakery Confectionery and Tobacco Workers' International Union, Local 264, 1998 CanLII 18385

Kelvin Kucey

25 cases1993–2026

David M. Chondon

4 cases1994–2014

Bruce Sevigny

10 cases1993–2001

J. A. Ronson

H. Peacock