I. M. Stamp

OLRBOntario Labour Relations BoardJul 11, 1983

Union breached duty of fair representation through nepotism and arbitrary job referrals in its hiring hall.

The complainant, a union member, alleged that his union and its business agent violated sections 69 and 70 of the Labour Relations Act by administering the hiring hall in an arbitrary, discriminatory, and bad faith manner, and by engaging in intimidation.

The Ontario Labour Relations Board found overwhelming evidence of nepotism, patronage, and arbitrary job referrals that favored the business agent's family and political allies while penalizing opponents.

The Board upheld the section 69 complaint, ordering extensive remedial measures including the drafting and posting of clear hiring hall rules, the appointment of an independent auditor, and compensation for the complainant's lost wages.

The section 70 complaint regarding intimidation was dismissed for lack of evidence.

Joe Portiss v. Labourers' International Union of North America, Local 1089, 1983 CanLII 828

A. M. Minsky

94 cases1980–2001

I. M. Stamp

D. E. Franks

C. A. Ballentine

OLRBOntario Labour Relations BoardJun 30, 1983

Board affirms assignment of small construction equipment repair to respondent union based on area practice.

The complainant union filed a complaint concerning a work assignment at a nuclear generating station, claiming the maintenance and repair of small construction equipment should be assigned to its members rather than the respondent union.

The Board found that the respondent union had been performing the work for a year prior to a mark-up meeting where the work was inadvertently assigned to the complainant.

Applying the criteria of area practice and the policy of not disturbing long-standing assignments, the Board affirmed the assignment of the work to the respondent union.

International Association of Machinists and Aerospace Workers v. Ontario Hydro, 1983 CanLII 879

R. A. Werry

38 cases1980–1994

M. Zigler

17 cases1980–2013

W.F. Rutherford

I. M. Stamp

OLRBOntario Labour Relations BoardMay 19, 1983

D. F. Franks

OLRB0 cases1981–1985

Uncertified employees performing glaziers' work are included in a glaziers' bargaining unit for certification purposes.

The applicant union applied for certification for a bargaining unit of glaziers and glaziers' apprentices.

The respondent employer argued that its three employees were neither certified journeymen nor registered apprentices, and thus could not be included in the bargaining unit.

The Board found that the trade of glazier is a voluntary trade under the Apprenticeship and Tradesmen's Qualification Act, meaning uncertified persons can lawfully perform the work.

The Board held that in the construction industry, bargaining units are defined by the work performed rather than the individual qualifications of the employees.

Since the employees were performing glaziers' work, they were included in the bargaining unit, and the Board granted the certification.

International Brotherhood of Painters and Allied Trades - Local 1819 - Glaziers v. C T Windows Limited, 1983 CanLII 896

R. Lintell

R. Gilbert

Morris Richardson

Maurice A. Green

34 cases1980–2009

Marc Cazabon

L. Tenare

Donald Girourard

Brain Herlich

11 cases1982–1988

B. H. Stewart

5 cases1983–1986

Bert Callum

Barry Brown

25 cases1983–2014

W.F. Rutherford

Kevin M. Burkett

OLRB0 cases1980–1984

I. M. Stamp

OLRBOntario Labour Relations BoardMay 13, 1983

Concerted refusal by teachers to apply for voluntary summer and night school positions is not an unlawful strike.

The applicant school board sought a declaration that the issuance of 'pink letters' by the respondent teachers' federations, advising members not to apply for or accept employment in the board's continuing education program (night school and summer school), constituted an unlawful strike.

The Ontario Labour Relations Board dismissed the application.

It held that the continuing education program was not a 'school program' within the meaning of the School Boards and Teachers Collective Negotiations Act, and therefore the concerted refusal to apply for positions did not constitute a strike under that Act.

Furthermore, the Board found that the teachers were not employees in respect of the continuing education program and had no obligation to staff it, meaning their actions did not constitute a strike under the Labour Relations Act.

The Ottawa Board of Education v. Ontario Secondary School Teachers Federation, 1983 CanLII 904

P. A. Biggin

G. F. Luborsky

10 cases1983–1999

G. C. Sanchez

C. G. Riggs

17 cases1980–1998

N. B. Satterfield

I. M. Stamp

OLRBOntario Labour Relations BoardApr 28, 1983

B.K. Lee

OLRB0 cases1980–1984

Statutory freeze complaint dismissed as Bill 179 continued the collective agreement in force.

The complainant union alleged that the respondent hospital violated the statutory freeze provisions of section 13 of the Hospital Labour Disputes Arbitration Act.

The respondent raised a preliminary objection, arguing that a collective agreement was in operation at the relevant time by virtue of the Inflation Restraint Act, 1982 (Bill 179).

The Board sustained the preliminary objection, finding that sections 9 and 13 of Bill 179 extended the compensation plan and continued the collective agreement in force, thereby precluding the application of the statutory freeze.

The complaint was dismissed.

The Canadian Union of Public Employees, Local 1474 v. The Doctors Hospital, 1983 CanLII 747

S. C. Bernardo

42 cases1980–2001

P. Murphy

Michael P. ODea

L. Richmond

9 cases1980–2001

Josephine Dikken

J. McKinnon

2 cases1983–2017

Bob Nicli

N. B. Satterfield

I. M. Stamp

C. A. Ballentine

OLRBOntario Labour Relations BoardApr 26, 1983

Board deferred ruling on whether laid-off employees had status to intervene in a certification application.

The applicant union applied for certification in the construction industry and requested a related employer declaration under section 1(4) of the Labour Relations Act for two respondents.

Several individuals, who were laid off from one of the respondents at the time of the application, filed petitions objecting to the application.

The applicant challenged their status to intervene, arguing they were not employees in the bargaining unit on the application date.

The Board deferred its decision on their status until it could hear all evidence regarding the related employer and build-up issues, permitting the objectors to participate in the proceedings in the interim.

Labourers' International Union of North America, Local 1059 v. Kent County Contractors, 1983 CanLII 737

J. J. Nyman

14 cases1980–1992

W.F. Rutherford

M. G. Mitchnick

I. M. Stamp

OLRBOntario Labour Relations BoardApr 21, 1983

Board enforces oral settlement of construction grievance after employer fails to appear.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 124 of the Labour Relations Act, alleging the respondent employer hired a non-union carpenter in violation of the collective agreement.

The parties had previously reached an oral settlement for $1,000, which the respondent failed to pay.

The respondent did not appear at the hearing.

The Board found that an oral settlement had been reached and directed the respondent to pay the $1,000 settlement amount forthwith.

Carpenters' District Council of Toronto and Vicinity v. Suss Woodcraft Ltd., 1983 CanLII 745

Lewis Gottheil

30 cases1982–2016

W.F. Rutherford

I. M. Stamp

OLRBOntario Labour Relations BoardFeb 25, 1983

Ian Springate

OLRB0 cases1981–1988

Work assignment for motorized equipment directed to Paperworkers' Union over Operating Engineers' Union.

The complainant Paperworkers' Union filed a complaint under section 91 of the Labour Relations Act regarding the assignment of work involving the operation of motorized equipment not requiring an operating engineers ticket at the respondent employer's mill.

The employer had assigned the work to the Operating Engineers' Union.

The Board considered the historical context, technological changes, area practice, and previous Board jurisprudence.

The Board directed that the work be assigned to the Paperworkers' Union, conditional on an undertaking that existing employees belonging to the Operating Engineers' Union be permitted to work within the Paperworkers' Union's jurisdiction while continuing to pay dues to their current union.

United Paperworkers International Union AFL-CIO (CLC) Kenora Local 1330 v. Boise Cascade Canada Ltd., 1983 CanLII 989

Ron Davidson

2 cases1982–2021

Robert Howell

R. Gordon Spear

2 cases1982–1985

Owen V Gray

4 cases1982–1983

J. Sack, Q.C.

6 cases1982–1984

Jack Nichols

Hank Beekhuis

4 cases1981–1992

Ethan Poskanzer

7 cases1982–2010

Ed Grootenboer

Kevin M. Burkett

OLRB0 cases1980–1984

I. M. Stamp

OLRBOntario Labour Relations BoardJan 31, 1983

B. L. Armstrong

OLRB0 cases1980–1997

Displacement applications for certification dismissed as untimely due to collective agreement extensions under the Inflation Restraint Act.

The applicant unions filed pre-hearing displacement applications for certification.

The intervener incumbent union argued the applications were untimely because the Inflation Restraint Act extended the existing collective agreements, thereby closing the 'open period' under the Labour Relations Act.

The Board held that section 13 of the Inflation Restraint Act extended the collective agreements beyond their normal expiry dates, rendering the applications untimely.

The Board also rejected the argument that this extension violated the freedom of association under the Charter of Rights and Freedoms.

The applications were dismissed.

Service Employees Union, Local 204 v. Broadway Manor Nursing Home, 1982 CanLII 1048

S. B. D. Wahl

154 cases1980–2001

F. J. W. Bickford

16 cases1981–1994

R. D. Howe

OLRB0 cases1980–1993

I. M. Stamp

OLRBOntario Labour Relations BoardDec 22, 1982

H. Kobryn

OLRB0 cases1981–1996

Board directs employer to comply with written settlement of unfair labour practice complaint.

The complainant union filed a section 89 complaint alleging the respondent employer failed to comply with a prior written settlement.

During the proceedings, the parties reached a new Memorandum of Settlement.

A third-party union attempted to intervene late to object to the settlement, but the Board rejected the intervention as the union had previously withdrawn its appearance.

The Board directed the respondent to comply with the new Minutes of Settlement.

Labourers International Union of North America, Local 697 v. Tamarron Group Inc., 1982 CanLII 976

C. Tarneja

B. W. Binning

11 cases1980–2000

W.F. Rutherford

I. M. Stamp

D. E. Franks

OLRBOntario Labour Relations BoardNov 22, 1982

Board adjourned certification application to determine if glazier trade requires compliance with Apprenticeship Act.

The applicant trade union applied for certification for a bargaining unit of glaziers and glaziers' apprentices in the employ of the respondent.

The respondent argued that the employees in question were not certified journeymen or registered apprentices under the Apprenticeship and Tradesmen's Qualification Act, and therefore should not be included in the bargaining unit, relying on the Board's previous decision in Irvcon.

The Board noted a potential exception under O. Reg. 36 and directed the matter to be listed for a continuation of hearing to hear evidence and representations on whether the Director of Apprenticeship considers the trade of glazier to be one requiring compliance with the Act.

International Brotherhood of Painters and Allied Trades — Local 1819 — Glaziers v. C T Windows Limited, 1982 CanLII 986

D. Strang

4 cases1982–1997

D. McGregor

B. Fishbein

68 cases1980–1996

I. M. Stamp

Ian Springate

OLRB0 cases1981–1988

C. A. Ballentine