J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardAug 13, 2001

Hearing dates adjourned on consent of the parties.

The Ontario Labour Relations Board granted an adjournment of the hearing dates scheduled for August 29 and 30, 2001, on the consent of the parties.

The hearing was rescheduled to continue on various dates in October and November 2001.

Ontario Public Service Employees Union v. Gamma-Dynacare Medical Laboratories, 2001 CanLII 14632

Stephen Raymond

OLRB0 cases2000–2001

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardAug 7, 2001

Application withdrawn at the request of the applicant's solicitors.

The applicant requested to withdraw its application via a letter from its solicitors.

The Ontario Labour Relations Board acknowledged the request and ordered the application withdrawn.

Securitas Canada Limited v. United Steelworkers of America, 2001 CanLII 11313

Mary Anne McKellar

J. A. Ronson

D. A. Patterson

Representation vote directed in application for termination of bargaining rights.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party trade union no longer represents the employees in the bargaining unit.

The Board found the application timely and that not less than forty per cent of the employees had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken.

Ron Lefave v. Teamsters Canada and its Local. Union 230, 2001 CanLII 6122

Mary Anne McKellar

J. A. Ronson

D. A. Patterson

Union certification application dismissed after representation vote failed to achieve majority support.

The applicant union filed an application for certification.

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

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and directed the parties' attention to section 10(3) of the Labour Relations Act regarding the effect on any subsequent application filed within one year.

United Food and Commercial Workers International Union, Local 175 v. ExxonMobil Chemical Films Canada, Ltd., 2001 CanLII 7827

Mary Anne McKellar

J. A. Ronson

D. A. Patterson

Union certification application dismissed at threshold due to failure to sign the membership evidence declaration.

The applicant trade union filed an application for certification along with membership evidence and an unsigned Declaration Verifying Membership Evidence (Form A-4).

The Ontario Labour Relations Board held that it could not give any weight to the membership evidence without the assurances of a properly completed and signed Form A-4.

Consequently, the application for certification was dismissed at the threshold stage.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Northern Elevator Limited, 2001 CanLII 2561

Mary Anne McKellar

J. A. Ronson

D. A. Patterson

Union granted leave to withdraw certification application following representation vote.

Following a representation vote, the applicant union requested leave to withdraw its application for certification.

The Ontario Labour Relations Board granted leave to withdraw the application and noted that the effect of the withdrawal under section 7(10) of the Labour Relations Act, 1995 would be determined if a subsequent application is filed within one year.

Hospitality & Service Trades Union, Local 261 v. 131 Cooper Street Limited o/a Aristocrat Hotel, 2001 CanLII 4999

Mary Anne McKellar

J. A. Ronson

D. A. Patterson

Application withdrawn with leave of the Board.

The applicant, Ontario Public Service Employees Union, sought to withdraw its application against Toronto Preschool Autism Service and Surrey Place Centre.

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

Ontario Public Service Employees Union v. Toronto Preschool Autism Service and Surrey Place Centre, 2001 CanLII 5436

Mary Anne McKellar

J. A. Ronson

D. A. Patterson

Union certification granted following successful representation vote.

The applicant union applied for certification to represent a bargaining unit of radiation therapists and related staff at the responding party's cancer centre.

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 ordered that a certificate issue to the applicant.

The Professional Institute of the Public Service of Canada v. Cancer Care Ontario, Toronto-Sunnybrook Regional Cancer Centre, 2001 CanLII 6979

Mary Anne McKellar

J. A. Ronson

D. A. Patterson

Application withdrawn with leave of the Board.

The applicant, Sheet Metal Workers’ International Association Local 540, sought to withdraw its application against Canadian Curtis Refrigeration Inc. The Ontario Labour Relations Board granted leave to withdraw the application.

Sheet Metal Workers’ International Association Local 540 v. Canadian Curtis Refrigeration Inc., 2001 CanLII 19047

Mary Anne McKellar

J. A. Ronson

D. A. Patterson

Applications adjourned sine die on consent of the parties.

The parties agreed to adjourn the applications sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matters will be deemed terminated if no request to proceed is made.

Northern Ontario Joint Council of the Retail, Wholesale & Department Store Union, District Council of the United Food and Commercial Workers International Union v. 510792 Ontario Inc. c.o.b. as ABC Taxi, 2001 CanLII 15935

Mary Anne McKellar

J. A. Ronson

H. Peacock

Representation vote directed in union certification application despite employer's dispute of trade union status.

The applicant union applied for certification.

The responding party disputed the applicant's trade union status and the estimate of employees in the proposed bargaining unit.

The Board noted a previous finding of the applicant's trade union status and found sufficient membership support to direct a representation vote.

The vote was ordered for the proposed bargaining unit, with any outstanding status disputes to be dealt with at a post-vote hearing if necessary.

Industrial Wood & Allied Workers of Canada (I.W.A. Canada) v. SKLF Doors World Inc., 2001 CanLII 14508

J. A. Ronson

H. Peacock

Caroline Rowan

OLRB0 cases1999–2022

Representation vote directed for proposed bargaining unit of Sales Execution Specialists.

The applicant trade union applied for certification to represent Sales Execution Specialists employed by the responding party in Hamilton, Ontario.

The Ontario Labour Relations Board found that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members.

The Board directed a representation vote and ordered that ballots of individuals in disputed positions be segregated.

United Food and Commercial Workers International Union Local 175 v. The Coca Cola Bottling Company, 2001 CanLII 18910

Laura Trachuk

OLRB0 cases1993–2001

J. A. Ronson

H. Peacock

Board rescheduled hearing dates for a union certification application to earlier dates.

The applicant union applied for certification, and a vote was held with the ballot box sealed pending resolution of disputes over the geographic scope of the unit and status issues.

The Board issued a procedural decision to reschedule the hearing dates to earlier dates in 2001, cancelling the previously scheduled dates in 2002.

Ontario Public Service Employees Union v. Gamma-Dynacare Medical Laboratories, 2001 CanLII 15312

Mary Anne McKellar

J. A. Ronson

H. Peacock

Representation vote directed in union certification application with segregated ballots for disputed positions.

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

Finding that the applicant appeared to have the requisite 40 percent membership support, the Board directed a representation vote.

The Board ordered that ballots cast by individuals in disputed positions, including the Administrative Assistant and certain managerial roles, be segregated pending resolution of the bargaining unit description.

United Steelworkers of America v. Larch Street Kids Child Care Centre Inc., 2001 CanLII 16725

J. A. Ronson

H. Peacock

Caroline Rowan

OLRB0 cases1999–2022

Representation vote ordered with ballot box sealed pending resolution of bargaining unit disputes.

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 proposed a different unit, giving notice under section 8.1 of the Labour Relations Act, 1995.

The Board found the applicant's proposed unit could be appropriate but noted a significant numerical difference between the parties' estimates.

The Board ordered a representation vote with the ballot box sealed until the disputes regarding the bargaining unit description and employee status are resolved.

Teamsters Local Union 91 v. R. W. Tomlinson Ltd., 2001 CanLII 15358

Mary Anne McKellar

J. A. Ronson

H. Peacock

Application withdrawn with leave of the Board.

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

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

IWA - Canada v. Mattawa & District Association for Community Living, 2001 CanLII 5290

J. A. Ronson

H. Peacock

Caroline Rowan

OLRB0 cases1999–2022

Representation vote directed in application for certification where responding party failed to file response.

The applicant union filed an application for certification.

As the applicant had not previously been found to be a trade union under the Labour Relations Act, 1995, the Board directed it to file materials establishing its status.

The responding party failed to file a response within the stipulated time.

Based on the membership evidence filed, the Board found that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken.

Office and Professional Employees International Union – SEPB 57 v. Centre financier – Services financiers La Laurentienne Ottawa-Hull (Mérimar Inc.), 2001 CanLII 5776

Mary Anne McKellar

J. A. Ronson

H. Peacock

Board directs representation vote for paramedics at Almonte General Hospital.

The Ontario Labour Relations Board directed a representation vote for all paramedics employed by Almonte General Hospital in the County of Lanark, excluding supervisors.

The vote was scheduled for August 9, 2001, to determine whether the employees wish to be represented by the Canadian Union of Public Employees and its Local 2119 or by the Ontario Public Service Employees Union.

Canadian Union of Public Employees and its Local 2119 v. Perth and Smith Falls District Hospital, 2001 CanLII 3921

Mary Anne McKellar

J. A. Ronson

H. Peacock