H. Peacock

Gladys Pardu

2 cases1988–1988

Ken Petryshen

OLRB0 cases1986–2026

H. Peacock

G. 0. Shamanski

OLRBOntario Labour Relations BoardFeb 17, 1988

Unfair labour practice complaint against employer dismissed; Board deferred collective agreement breach to arbitration.

The complainant filed an unfair labour practice complaint alleging the employer breached sections 50 and 67 of the Labour Relations Act by failing to hire him for a vacant position and by discussing the position directly with applicants.

The Board dismissed the allegations against the employer at the outset of the hearing.

The Board declined to entertain the section 50 complaint, deferring to the arbitration process since the allegations did not amount to a total repudiation of the collective agreement.

The Board also found that the employer's discussions with applicants did not constitute interference with the union's bargaining rights under section 67.

The hearing proceeded solely on the section 68 duty of fair representation complaint against the union.

Delphis W. Vandette v. The Corporation of the Township of St. Joseph and Labourer's International Union of North America Local 1036, 1988 CanLII 3627

Maurice A. Green

34 cases1980–2009

Brian P. Nolan

12 cases1986–2017

Owen V. Gray

OLRB0 cases1983–2022

H. Peacock

OLRBOntario Labour Relations BoardJan 25, 1988

D. A. MacDonald

OLRB0 cases1982–1994

Board grants certification for a bargaining unit of specialized support personnel at a school board.

The applicant trade union applied for certification to represent a bargaining unit of speech pathologists, psychologists, psychometrists, and social worker/attendance counsellors employed by the respondent school board.

The parties agreed on the bargaining unit description.

The Board considered whether a unit defined by specific job classifications was appropriate, noting its general aversion to fragmentation.

However, given the history of separate representation for such support personnel in the school board sector and the agreement of the parties, the Board found the proposed unit appropriate.

A certificate was issued to the applicant.

Ontario Secondary School Teachers' Federation v. The Board of Education for the City of Windsor, 1988 CanLII 3634

Steven L. Moate

8 cases1985–1997

Norman Ahmet

2 cases1984–1988

Mike Tapa

Maurice A. Green

34 cases1980–2009

Mark Dooner

Mal Godin

Joan Farrell

3 cases1987–1998

Fred Birket

2 cases1987–1988

David Warren

C. M. Dassios

Ben Lindberg

Barry Rowland

Ann Pepper

Ann Mills

Owen V. Gray

OLRB0 cases1983–2022

H. Peacock

OLRBOntario Labour Relations BoardJan 25, 1988

D. A. MacDonald

OLRB0 cases1982–1994

Representation vote ordered in certification application displacing incumbent union for school board professionals.

The Ontario Secondary School Teachers' Federation applied for certification to represent a unit of psychologists, social workers, and other professionals employed by the Board of Education for the City of York, displacing the incumbent union.

The incumbent argued the applicant's constitution did not permit these employees into membership.

The Board found the applicant had an established practice of admitting such persons, satisfying the Labour Relations Act.

As the applicant demonstrated sufficient membership support, the Board ordered a representation vote between the applicant and the incumbent union.

Ontario Secondary School Teachers' Federation v. The Board of Education for the City of York, 1988 CanLII 3635

Nimal V. Dissanayake

OLRB0 cases1987–2007

J. A. Ronson

OLRB0 cases1980–2001

H. Peacock

OLRBOntario Labour Relations BoardJan 14, 1988

Union certification granted; request to determine employee status of disputed individuals deemed premature before bargaining.

The applicant union applied for certification.

The parties agreed on the bargaining unit description and waived their right to a formal hearing, but disputed the employee status of six individuals.

The Board found that the union had sufficient membership support regardless of the status of the disputed individuals and issued a final certificate.

The Board declined the parties' request to appoint a Labour Relations Officer under section 106(2) of the Labour Relations Act to determine the status of the six individuals, finding the request premature as bargaining had not yet commenced.

United Steelworkers of America v. Caddiford Investments Limited, 1988 CanLII 3636

Win. J. Moore

Rene Brixhe

2 cases1988–1993

N. Jesin

3 cases1987–1991

M. Hunter

3 cases1988–2001

Laurence Arnold

4 cases1986–1998

J. Harty

D. T. Wakely

D. B. Francis

5 cases1988–1992

C. Makowski

Nimal V. Dissanayake

OLRB0 cases1987–2007

J. A. Ronson

OLRB0 cases1980–2001

H. Peacock

OLRBOntario Labour Relations BoardJan 6, 1988

Certification application dismissed as untimely under section 61(2) due to prior appointment of a conciliation officer.

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

The respondent and the incumbent union (Intervener #1) argued the application was untimely under section 61(2) of the Labour Relations Act because a conciliation officer had been appointed.

The applicant argued the incumbent union had abandoned its bargaining rights through inaction, rendering the conciliation appointment a nullity.

The Board held that in the face of the clear wording of section 61(2), it would not go behind the conciliation appointment based on alleged de facto abandonment.

The application was dismissed as untimely.

Canadian Paperworkers Union v. Boise Cascade Canada Ltd., 1988 CanLII 3614

Maurice Green

33 cases1985–2012

Martin A. Fowler

2 cases1987–1989

Malcolm Buchanan

John Black

2 cases1987–2001

Joan Farrell

3 cases1987–1998

Ed Bergey

Carl W. Peterson

18 cases1986–2020

Robert D. Howe

OLRB0 cases1984–1995

R. M. Sloan

OLRB0 cases1986–2000

H. Peacock

OLRBOntario Labour Relations BoardDec 8, 1987

Board certifies bargaining unit of secondary panel occasional teachers, maintaining historical separation from elementary panel.

The applicant trade union sought certification for a bargaining unit consisting of all occasional teachers in the respondent's secondary panel in the Regional Municipality of Peel.

The respondent disputed the composition of the bargaining unit, arguing against the separation of secondary and elementary panel occasional teachers.

The Ontario Labour Relations Board determined that the secondary panel occasional teachers constituted an appropriate bargaining unit, consistent with its established practice of mirroring the historical dichotomy between elementary and secondary school teachers.

A pre-hearing representation vote resulted in more than fifty percent of the ballots cast in favour of the applicant, and the Board directed that a certificate issue to the applicant.

Ontario Secondary School Teachers' Federation v. The Peel Board of Education, 1987 CanLII 3156

W. H. Wightman

OLRB0 cases1981–1996

R. A. Furness

OLRB0 cases1980–1991

H. Peacock

OLRBOntario Labour Relations BoardOct 9, 1987

Reconsideration denied where respondent failed to attend certification hearing due to counsel's erroneous assumption.

The respondent requested that the Board reconsider its decision certifying the applicant and intervener unions, and reopen the hearing.

The respondent had failed to attend the scheduled certification hearing because its counsel erroneously assumed the hearing would be postponed after obtaining an extension to file a reply.

The Board held that a party cannot evade the consequences of its counsel's mistakes and that the clear wording of the notice of hearing warned of the consequences of non-attendance.

The Board found no compelling reason or new evidence to justify reconsideration.

The request was denied and the certificates affirmed.

Labourers' International Union of North America, Local 1036 v. The Corporation of the City of Sault Ste. Marie, 1987 CanLII 3093

M. Mihajlovic

A. M. Minsky

94 cases1980–2001

W. H. Wightman

OLRB0 cases1981–1996

H. Peacock

OLRBOntario Labour Relations BoardOct 7, 1987

Harry Freedman

OLRB0 cases1984–2001

Construction manager found to be the employer of casual labourers due to fundamental control exercised.

The applicant union applied for certification.

The respondent A. J. MacKinnon & Associates argued it was not the employer of the affected employees.

The Board added Angus J. MacKinnon Consultants Limited as a respondent and declared the two entities one employer under section 1(4) of the Labour Relations Act.

The Board found that Consultants, acting as a construction manager, exercised fundamental control over the casual labourers' working lives, including hiring, firing, and directing their day-to-day work.

Consequently, the Board determined that Consultants was the employer for the purposes of the application.

Labourers' International Union of North America, Ontario Provincial District Council v. A. J. MacKinnon & Associates, 1987 CanLII 3117

R. G. McLister

3 cases1987–1988

Paul Falzone

9 cases1982–1999

Mike Darnell

Robert D. Howe

OLRB0 cases1984–1995

J. A. Rundle

OLRB0 cases1986–2001

H. Peacock

OLRBOntario Labour Relations BoardSep 24, 1987

Employer committed unfair labour practices by laying off fishing crew after they joined the union.

The complainant union alleged that the respondents committed unfair labour practices by laying off the captain and crew of a fishing vessel after they joined the union.

The Board found that the respondents altered the terms and conditions of employment during the statutory freeze period, contrary to section 79(2) of the Labour Relations Act.

The Board also found that the removal of fishing licences from the vessel and the subsequent layoff of the crew were motivated by anti-union animus, in violation of sections 66 and 70.

The Board ordered compensation for the grievors' lost earnings for the 1986 fishing season, but declined to order reinstatement due to the unprofitability and impending sale of the vessel.

Great Lakes Fishermen and Allied Workers' Union v. 538391 Ontario Limited c.o.b. as Peralta Foods - Ilda C., 1987 CanLII 3081

Owen V. Gray

OLRB0 cases1983–2022

J. A. Rundle

OLRB0 cases1986–2001

H. Peacock

OLRBOntario Labour Relations BoardJul 22, 1987

Pre-hearing representation vote directed for occasional teachers after union abandoned request for pre-vote hearing.

The applicant union applied for certification and initially requested a pre-hearing representation vote along with a pre-vote hearing to determine the appropriate bargaining unit.

The Board noted that a vote conducted after a hearing on substantive issues would not be a pre-hearing representation vote under section 9 of the Labour Relations Act.

The applicant subsequently abandoned its request for a pre-vote hearing.

The Board revoked its direction for a hearing and directed that a pre-hearing representation vote be conducted among occasional teachers in the respondent's secondary panel.

The ballot box will be sealed pending the determination of the bargaining unit dispute.

Ontario Secondary School Teachers' Federation v. The Peel Board of Education, 1987 CanLII 3056

Robert D. Howe

OLRB0 cases1984–1995

I. M. Stamp

OLRB0 cases1982–1988

H. Peacock

OLRBOntario Labour Relations BoardMay 1, 1987

First collective agreement directed to arbitration due to employer's refusal to recognize union's bargaining authority.

The applicant union applied under section 40a of the Labour Relations Act for a direction that a first collective agreement be settled by arbitration.

The respondent employer's president had repeatedly stated he would not work with a union, refused to negotiate until a representation vote was held (despite the union already being certified), and threatened to close the business.

The Board found that the process of collective bargaining had been unsuccessful because of the employer's refusal to recognize the bargaining authority of the trade union.

The Board directed the settlement of a first collective agreement by arbitration.

United Steelworkers of America v. Walter Tool and Die Ltd., 1987 CanLII 3274

Rod Joanisse

Richard Weatherton

M. Farson

4 cases1987–1997

L. Trachuk

David Hagarty

B. Halden

Judith McCormack

H. Peacock

OLRBOntario Labour Relations BoardMar 3, 1987

D. A. MacDonald

OLRB0 cases1982–1994

Board refused to extend terminal date for untimely statement of desire and issued interim certification.

The union applied for certification.

A group of objecting employees sought to extend the terminal date to file an untimely statement of desire, claiming they misunderstood whether they were included in the bargaining unit.

The Board refused the extension, noting the strict application of terminal dates and that the employees had reasonable notice.

As the union demonstrated over 55% membership support regardless of the remaining disputes over certain managerial exclusions, the Board issued interim certificates and appointed a Board Officer to inquire into the disputed positions.

St. Catharines Typographical Union No. 416 v. 570662 Ontario Limited, 1987 CanLII 3046

R. J. Gallivan

OLRB0 cases1985–1988

Judith McCormack

H. Peacock

OLRBOntario Labour Relations BoardFeb 12, 1987

Board directed employer to file detailed statement of facts regarding unusually broad bargaining unit exclusions.

In an application for certification, the employer sought to exclude approximately one-third of the proposed bargaining unit on the basis of managerial functions, confidential labour relations capacity, or lack of community of interest.

To facilitate the resolution of these unusually broad exclusions and avoid a costly examination process, the Board directed the employer to file a detailed statement of facts and duties for the individuals challenged under section 1(3)(b) of the Act.

The Board also appointed a Board Officer to assist the parties in preparing an agreed statement of facts regarding the community of interest dispute.

National Automobile, Aerospace and Agricultural Implement Workers Union of Canada (CAW-Canada) v. Caterpillar of Canada Ltd., 1987 CanLII 3026

R. J. Gallivan

OLRB0 cases1985–1988

Judith McCormack

H. Peacock