H. Peacock

Patricia Hughes

H. Peacock

OLRBOntario Labour Relations BoardJun 28, 1989

Application for certification dismissed after union failed to win majority in representation vote.

The applicant union applied for certification.

The Board held a hearing to address the respondent's legal name, allegations regarding membership evidence, and the reliability of the Form 9 declaration.

The Board found that the Form 9 declaration was reliable, as the declarant had made adequate inquiries regarding the collection of membership cards and fees.

However, following the counting of the pre-hearing representation vote, not more than fifty per cent of the ballots were cast in favour of the applicant.

The application for certification was therefore dismissed.

Retail, Wholesale and Department Store Union, AFL:CIO:CLC: v. Cuddy Food Products Ltd., 1989 CanLII 3240

Patricia Hughes

M. Rozenberg

OLRB0 cases1988–1991

H. Peacock

OLRBOntario Labour Relations BoardJun 15, 1989

Pre-hearing representation vote directed for occasional teachers at newly formed French-language school board.

The applicant union applied for certification to represent occasional teachers and part-time supply instructors employed by the newly created French-language school board.

The respondent board argued it was not yet the employer of these individuals and raised issues regarding the bargaining unit description and the inclusion of certain employees transferred under recent legislation.

The Ontario Labour Relations Board found that the applicant had the requisite appearance of support of not less than 35 per cent of the employees in the voting constituency and directed the taking of a pre-hearing representation vote, leaving the substantive issues to be resolved at a subsequent hearing.

Association des enseignantes et des enseignants suppléants d'Ottawa-Carleton élémentaire séparée v. Conseil scolaire de langue française d'Ottawa-Carleton (section catholique), 1989 CanLII 3242

W. H. Wightman

OLRB0 cases1981–1996

Owen V. Gray

OLRB0 cases1983–2022

H. Peacock

OLRBOntario Labour Relations BoardJun 6, 1989

Application for certification dismissed without a bar after applicant sought withdrawal following a pre-hearing vote.

The applicant trade union applied for certification and requested a pre-hearing representation vote.

After the vote was taken but before the ballots were counted, the applicant sought leave to withdraw its application, conceding it did not have sufficient membership evidence.

The Board refused leave to withdraw and dismissed the application.

The intervener requested that a six-month bar be imposed on future applications by the applicant under section 103(2)(i) of the Labour Relations Act.

The Board declined to impose a bar, reasoning that a bar is typically only imposed when a representation vote has fully tested the true wishes of the employees, which was not the case here since the applicant's membership evidence was insufficient to warrant counting the ballots.

Labourers' International Union of North America, Local 183 v. Amarcord Carpenters Ltd., 1989 CanLII 3236

Lou Brzezinski

In Private Practice68 cases1989–2026

Douglas J. Wray

69 cases1980–2001

Cheryl A. Edwards

2 cases1989–2004

R. W Pirrie

Robert Herman

OLRB0 cases1987–1999

H. Peacock

OLRBOntario Labour Relations BoardMay 19, 1989

Employer committed unfair labour practices during organizing campaign; union certified under section 8.

The union applied for certification and filed unfair labour practice complaints against the employer.

During the organizing campaign, the employer's president held a captive audience meeting where he threatened employees' job security and tied wage increases to opposition to the union.

The employer also discharged an employee for his union activity.

The Board found that the employer committed numerous unfair labour practices in breach of sections 64, 66, and 70 of the Labour Relations Act.

The Board concluded that the true wishes of the employees were not likely to be ascertained and that the union had adequate membership support for collective bargaining.

The Board directed that a certificate issue pursuant to section 8 of the Act and ordered comprehensive remedial relief, including posting and mailing of notices, union access to the plant, and a list of employees.

United Food & Commercial Workers' International Union Local 175 v. Royce Dupont Poultry Packers, 1989 CanLII 3481

W R. Herridge

4 cases1983–1989

L. B. Rose

1 case1989–1989

Robert D. Howe

OLRB0 cases1984–1995

R. M. Sloan

H. Peacock

OLRBOntario Labour Relations BoardFeb 20, 1989

Union certification granted; language barriers alone do not invalidate membership evidence absent allegations of wrongdoing.

The applicant union applied for certification.

The respondent employer requested an inquiry into the validity of the membership evidence or a representation vote, arguing that several employees whose names appeared on the employer's list had Panjabi as their native language and did not know English.

The Board rejected this argument, noting that there were no allegations of wrongdoing by the union and no evidence that any individual did not understand what they were signing.

The Board issued a certificate to the applicant.

Textile Processors, Service Trades, Health Care, Professional and Technical Employees, International Union Local 351 v. Admiral Linen Supply Limited, 1989 CanLII 3071

K. G. O'Neil

OLRB0 cases1988–1998

H. Peacock

OLRBOntario Labour Relations BoardFeb 10, 1989

D. G. Wozniak

OLRB0 cases1987–1995

Union's failure to read hearing notice due to office strike does not displace statutory presumption of receipt.

In an ongoing application for certification, the applicant union requested a reconvened hearing on the voluntariness of an employee petition, claiming it did not receive notice of the original hearing due to a strike at its office.

The Ontario Labour Relations Board reviewed its jurisprudence on notice and reconsideration, finding that delivery of the notice to the union's address for service constituted receipt under section 113(1) of the Act.

The Board held that the union's failure to read the notice was not beyond its control, as it could have picked up the mail or advised the Board of a change of address.

The request to reopen the decision was denied, and the ballots from the representation vote were ordered to be counted.

London and District Service Workers' Union, Local 220 v. Woodstock & District Association for the Mentally Retarded, 1989 CanLII 3082

R. M. Sloan

Ian C. Springate

OLRB0 cases1983–1989

H. Peacock

OLRBOntario Labour Relations BoardJan 26, 1989

Union granted certification for part-time employees after previously abandoning bargaining rights for the group.

The applicant union applied for certification to represent employees working 14 or fewer hours per week at the respondent's establishment.

The union had previously held bargaining rights for these employees but had excluded them from successive collective agreements since 1976.

The Board found that the union had abandoned its bargaining rights for this group, making them unrepresented employees.

Consequently, the union's new application for certification was timely.

Finding that the union had sufficient membership support, the Board issued a certificate for the part-time bargaining unit.

Hotel and Restaurant Employees' and Bartenders' Union, Local 604 AFL -CIG, OFL-CLC v. 408762 Ontario Limited o/a Montreal House, 1989 CanLII 3050

M. Farson

4 cases1987–1997

I. Hogan

1 case1989–1989

E. Posen

2 cases1989–1989

D. Davidson

2 cases1989–1989

K. G. O'Neil

OLRB0 cases1988–1998

H. Peacock

OLRBOntario Labour Relations BoardJan 5, 1989

D. G. Wozniak

OLRB0 cases1987–1995

OLRB includes geographically separated employees in bargaining unit due to integrated operations and community of interest.

The applicant union sought certification for a bargaining unit of employees at the respondent's Kingston plant, arguing that two service mechanics based in Belleville should be excluded due to geographic separation.

The respondent employer argued that its operation was integrated and the Belleville employees should be included.

The Ontario Labour Relations Board applied the Usarco criteria for community of interest and found that the operation was indeed integrated, with significant overlap of work and centralized administration in Kingston.

The Board concluded that a unit excluding the Belleville servicemen would not be appropriate and ordered a representation vote for an inclusive bargaining unit covering both Kingston and Belleville.

United Food and Commercial Workers International Union v. Coca-Cola Ltd., 1989 CanLII 3049

R. Takacs

M. Patrick Moran

36 cases1982–2011

M. Bakker

J. L. McMahon

J. Griffith

D. M. Sanderson

2 cases1987–1988

A. J. Ahee

18 cases1986–2001

R. O. MacDowell

R. M. Sloan

H. Peacock

OLRBOntario Labour Relations BoardDec 21, 1988

Grievance dismissed; union failed to prove non-destructive testing work fell within collective agreement scope.

The applicant union referred a grievance to arbitration under section 124 of the Labour Relations Act, alleging the respondent employer violated the collective agreement by having employees perform non-destructive testing at the Pickering Nuclear Generating Station without applying the agreement.

The employer argued the agreement only applied to its construction operations, not to non-construction field work.

The Board found the union failed to prove the work in question fell within the scope of the collective agreement, as the evidence did not establish the technicians were engaged in construction operations.

The grievance was dismissed.

Quality Control Council of Canada v. Babcock and Wilcox Canada Ltd., 1988 CanLII 3736

Owen V. Gray

OLRB0 cases1983–2022

H. Peacock

OLRBOntario Labour Relations BoardNov 17, 1988

G. O. Shamanski

OLRB0 cases1986–1994

Pre-hearing representation vote directed for dependent contractors; union entitled to copies of employee lists.

The applicant trade union applied for certification and requested a pre-hearing representation vote for a unit of dependent contractors.

The respondent employer argued that part-time dependent contractors and students should form a separate unit, and objected to the union receiving copies of the employee lists.

The Board directed a pre-hearing representation vote, defining the voting constituency to include all dependent contractors but ordering the segregation of ballots cast by alleged part-timers and students pending a final determination on the appropriate bargaining unit.

The Board also ordered that the union be provided with copies of the employee lists, as the employer failed to articulate any legal, policy, or factual reason for its objection.

Teamsters Local Union No. 938 v. McDonnell-Ronald Limousine Service Limited, 1988 CanLII 3742

Eric DelJunco

66 cases1984–2019

Donald J. McKillop

3 cases1980–1988

R. W Pirrie

Owen V. Gray

OLRB0 cases1983–2022

H. Peacock

OLRBOntario Labour Relations BoardOct 20, 1988

Board declined to bar certification application despite previous withdrawn applications; certificate issued.

The applicant union filed an application for certification after having previously filed and withdrawn two similar applications before the Ontario Labour Relations Board and the Canada Labour Relations Board.

The respondent employer argued that the Board should decline to entertain the new application under section 103(2)(i) of the Labour Relations Act, alleging a possibility of manipulation regarding membership evidence.

The Board found no abuse of process, noting that the membership evidence relied upon was obtained before any possibility of manipulation arose.

The Board declined to refuse to entertain the application and, based on the parties' agreement and the membership evidence, granted the certification.

Teamsters Local Union No. 938 v. Southern Express Lines of Ontario Limited, 1988 CanLII 3752

R. W Pirrie

R. Herman

OLRB0 cases1986–1989

H. Peacock

OLRBOntario Labour Relations BoardSep 16, 1988

Union permitted to play tape recording during cross-examination after giving witness opportunity to address alleged statements.

During a hearing for an alleged unfair labour practice, the applicant union sought to play a tape recording of an employee meeting during the cross-examination of a witness.

The Board ruled that the union could play the tape recording forthwith, without the Board first being satisfied as to its accuracy, provided the witness was first given an opportunity to deny or agree that he made the alleged statements.

The Board also continued a direction prohibiting communication of the tape's contents to the witness prior to it being played.

United Food & Commercial Workers' International Union Local 175 v. Royce Dupont Poultry Packers, 1988 CanLII 3730

R. C. Filion

29 cases1980–1996

D. K. Sheardown

D. Harris

6 cases1985–2017

R. W Pirrie

Robert D. Howe

OLRB0 cases1984–1995

H. Peacock

OLRBOntario Labour Relations BoardSep 15, 1988

Board resolves preliminary issues regarding order of proceeding, cross-examination of declarant, and pre-hearing production of documents.

In an application for certification and an unfair labour practice complaint, the parties raised several preliminary issues.

The Board declined to dismiss the union's section 8 application without a hearing on the merits, finding that the adequacy of membership support must be assessed in light of all circumstances.

The Board ordered the union to proceed first with its evidence on all aspects of the case.

The Board also refused the respondent's request to cross-examine the Form 9 declarant, as there were no allegations of false statements or irregularities regarding the mailed membership evidence.

Finally, the Board ordered the union to produce any tape recordings and transcripts of statements made by company officials on which it intends to rely in the proceedings.

National Automobile, Aerospace and Agricultural Implement Workers Union of Canada, (CAW-Canada) v. Ontario Bus Industries Inc., 1988 CanLII 3726

Theresa McClenaghan

Tanya Lee

8 cases1988–1998

Russell Muncaster

Michael Moore

2 cases1988–2004

Michael Mitchell

35 cases1980–2015

Jim Harkins

Erich Schultz

2 cases1988–2021

C. G. Riggs

17 cases1980–1998

S. A. Tacon

OLRB0 cases1984–1991

M. Rozenberg

OLRB0 cases1988–1991

H. Peacock

OLRBOntario Labour Relations BoardAug 17, 1988

Faculty association granted interim certification and found to have capacity to represent professional librarians.

The applicant faculty association applied for certification to represent full-time faculty and professional librarians at Wilfrid Laurier University.

The Board found that the applicant is a trade union within the meaning of section 1(1)(p) of the Labour Relations Act.

The Board also determined that the applicant's constitution and bylaws gave it the capacity to represent professional librarians, despite a history of not doing so.

The Board certified the applicant on an interim basis for a bargaining unit of full-time faculty, pending a final determination by a Board Officer regarding the inclusion of professional librarians and other disputed classifications.

Wilfrid Laurier University Faculty Association v. Wilfrid Laurier University, 1988 CanLII 3790

Michael Horan

38 cases1980–2001

Douglas J. Wray

69 cases1980–2001

D. B. Francis

5 cases1988–1992

R. O. MacDowell

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardAug 2, 1988

Application to terminate bargaining rights found timely and voluntary; representation vote ordered.

The applicant employee filed an application to terminate the respondent union's bargaining rights on the same day a conciliation officer was appointed.

The union argued the application was untimely and that the applicant lacked status as an employee because he had not paid union dues.

The Board held the application was timely because it was not made 'after' the date the conciliation officer was appointed.

The Board also found the applicant remained an employee in the bargaining unit because, although he failed to pay dues, the union had not required his discharge under the collective agreement.

Finally, the Board concluded the petition opposing the union was voluntary and directed a representation vote.

Evaristo Romero v. United Brotherhood of Carpenters and Joiners of America, Local 27, 1988 CanLII 3651

Patricia Hughes

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardJul 5, 1988

Board declined to issue settlement as an order or remain seized, citing statutory enforcement mechanism.

The parties settled unfair labour practice complaints prior to the scheduled hearing and requested the Board to issue their Minutes of Settlement as an Order of the Board and remain seized of its implementation.

The Board declined to issue an order, noting the settlement did not specify what order was requested or the basis for it.

The Board also declined to remain seized, advising the parties that the settlement is binding and enforceable pursuant to subsection 89(7) of the Labour Relations Act.

The complaints were ordered terminated one year from the date of the decision.

Canadian Textile & Chemical Union v. Brown Manufacturing Ltd., 1988 CanLII 3647

P. Turtle

17 cases1987–1998

John A. Coleman

Jacques Charpentier

George Donovan

W. H. Wightman

OLRB0 cases1981–1996

Robert D. Howe

OLRB0 cases1984–1995

H. Peacock

OLRBOntario Labour Relations BoardJun 27, 1988

Service contract between guards' union and USWA constitutes affiliation precluding certification under section 12.

The applicant trade union applied for certification to represent security guards employed by the respondent.

The respondent raised a preliminary objection under section 12 of the Labour Relations Act, arguing that the applicant was affiliated with the United Steelworkers of America (USWA), an organization that admits non-guards to membership.

The Board examined a Service Contract between the applicant and the USWA, which provided for the USWA to supply support services, office space, and organizing assistance in exchange for a portion of union dues.

The Board concluded that the close relationship established by the Service Contract constituted a direct or indirect affiliation within the meaning of section 12, precluding certification unless the applicant's subsequent Charter challenge succeeds.

Canadian Guards Association v. Pinkerton's of Canada Ltd., 1988 CanLII 3674

Peter J. Thorup

27 cases1981–2014

Karen Reynolds

David McKee

85 cases1980–2000

S. A. Tacon

OLRB0 cases1984–1991

J. A. Rundle

OLRB0 cases1986–2001

H. Peacock

OLRBOntario Labour Relations BoardMay 25, 1988

Grievance dismissed as the union voluntarily abandoned its bargaining rights after 15 years of inactivity.

The applicant union referred a grievance to arbitration, alleging the respondent employer violated the provincial collective agreement by assigning work to non-members.

The respondent argued it was not bound by the agreement, asserting the union had abandoned its bargaining rights.

The Board found that the union had not contacted the respondent to negotiate or administer the agreement for almost 15 years, despite the respondent operating openly in the relevant geographic area.

Consequently, the Board concluded the union had voluntarily abandoned its bargaining rights prior to the introduction of province-wide bargaining, and dismissed the application.

United Brotherhood of Carpenters' & Joiners of America, Local Union 27 v. R. Reusse Co. Ltd., 1988 CanLII 3703

W. N. Fraser

OLRB0 cases1988–2000

Patricia Hughes

H. Peacock