J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardMay 15, 2001

Caroline Rowan

OLRB0 cases1999–2022

Applicant granted trade union status and certified as bargaining agent following successful representation vote.

The applicant applied for certification as the bargaining agent for a unit of employees of the responding party.

Following a representation vote where more than fifty percent of ballots were cast in favour of the applicant, the sole outstanding issue was the applicant's trade union status.

Based on the material filed, including its constitution, the Board found the applicant to be a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995.

A certificate was issued to the applicant.

Association of Employees of Ratcliffs/Severn v. Ratcliffs/Severn Ltd., 2001 CanLII 5262

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardMay 15, 2001

Caroline Rowan

OLRB0 cases1999–2022

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification to represent landscape, maintenance, and excavation employees of the responding party.

Following a representation vote where more than fifty percent 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 certified the union as the exclusive bargaining agent for the agreed-upon bargaining unit.

Service Employees International Union, Local 210 v. The Roman Catholic Episcopal Corporation of the Diocese of London in Ontario, 2001 CanLII 3145

J. A. Ronson

D. A. Patterson

Bram Herlich

OLRBMajority0 cases1986–2001

Matter terminated on agreement of the parties.

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

Having regard to the agreement of the parties, the Ontario Labour Relations Board ordered the matter terminated.

Canadian Union of Skilled Workers v. Hydro One Inc., 2001 CanLII 17726

R. R. Montague

Patrick Kelly

OLRBMajority (Wrote the majority reasons)0 cases1999–2019

J. A. Ronson

OLRBDissenting0 cases1980–2001

Board declined to impose a bar on future certification applications following union's pre-vote withdrawal.

The applicant union was previously granted leave to withdraw its application for certification prior to a scheduled representation vote.

The responding party employer requested that the Board impose a bar on future applications pursuant to section 7(9) of the Labour Relations Act, 1995, arguing that the union's admission of eroded support meant the employees' wishes had been tested with certainty.

The majority of the Board declined to impose a bar, finding that the mere admission of eroded support did not constitute proof that the employees' wishes had been sufficiently tested, nor did the applicant's actions constitute an abuse of process.

A dissenting Board member would have imposed a one-year bar.

Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 141 v. Rich-Wood Kitchens Ltd., 2001 CanLII 11951

R. R. Montague

J. A. Ronson

Bram Herlich

Union certification granted following a successful representation vote among school bus drivers.

The applicant union applied for certification to represent school bus drivers employed by the responding party.

Following a representation vote where more than fifty percent 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 will issue to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. 1243055 Ontario Limited/1425461 Ontario Limited o/a Valley Bus Lines Ltd., 2001 CanLII 11604

Marilyn Silverman

OLRB0 cases2000–2001

J. A. Ronson

D. A. Patterson

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union filed an application for certification.

Following a representation vote directed by the Board, not more than fifty per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

As 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, 1995 regarding future applications.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Van-Terior Outfitters – Div. of Times Electronics Corporation Limited, 2001 CanLII 9368

R. R. Montague

J. A. Ronson

Bram Herlich

Request for production and particulars deferred to the commencement of the hearing.

The applicant union requested production and particulars.

The Ontario Labour Relations Board directed that the request would be dealt with by the panel at the commencement of the hearing.

Brewery, General and Professional Workers Union v. The Corporation of the Town of Newmarket, 2001 CanLII 18192

R. R. Montague

J. A. Ronson

Bram Herlich

Union certified as bargaining agent for Lakehead University employees following successful representation vote.

The applicant union applied for certification to represent a bargaining unit of employees at Lakehead University.

Following a representation vote where more than fifty percent 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 certified the applicant as the bargaining agent for the agreed-upon unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Lakehead University, 2001 CanLII 13108

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote directed for proposed bargaining unit of North American Lumber Limited employees.

The applicant union applied for certification to represent employees of North American Lumber Limited in Fort Frances.

The Ontario Labour Relations 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 Board directed a representation vote to be held on May 15, 2001, and determined that the ballot box need not be sealed despite the employer's section 8.1 notice, as the discrepancies in estimates were not numerically relevant.

United Food & Commercial Workers International Union, Local 175 v. North American Lumber Limited, 2001 CanLII 12777

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote directed in application for certification of IKEA employees.

The applicant trade union filed an application for certification.

The Ontario Labour Relations Board found that the applicant is a trade union and that not less than forty per cent of the individuals in the proposed bargaining unit were members.

The Board directed that a representation vote be taken of the eligible employees, with segregated ballots for disputed loss prevention and security positions.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. IKEA Canada Limited Partnership, 2001 CanLII 11800

R. R. Montague

J. A. Ronson

OLRBUnanimous (Wrote the reasons)0 cases2000–2001

Anthony Brown

Certification application dismissed under section 8.1(5)[7] after union acknowledged lacking 40 per cent membership support.

The applicant trade union applied for certification but subsequently requested to withdraw or dismiss its application under section 8.1(5)[7] of the Labour Relations Act, acknowledging it did not have the requisite 40 per cent membership support in the proposed bargaining unit.

The responding party employer objected to a withdrawal without a one-year bar and costs.

The Board found that the conditions for dismissal under section 8.1(5)[7] were met, as the applicant failed to provide evidence of 40 per cent membership support.

The Board dismissed the application, noting that section 10(4) applies.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Techform Products Limited, 2001 CanLII 10686

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote directed for proposed bargaining unit at Canadian Blood Services Thunder Bay.

The applicant trade union filed an application for certification to represent employees of Canadian Blood Services Plasma Collection Centre in Thunder Bay.

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 that a representation vote be taken and noted the responding party's disagreement with the bargaining unit description and estimate of individuals, though the responding party agreed the ballots could be counted without sealing the ballot box.

Ontario Public Service Employees Union v. Canadian Blood Services Thunder Bay, 2001 CanLII 10586

R. R. Montague

J. A. Ronson

Bram Herlich

Board directs representation vote 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 terminating the responding party's bargaining rights.

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

The Board directed that a representation vote be taken.

Extendicare (Canada) Port Stanley v. Service Employees International Union, Local 220 Registered Nurses (Full-Time), 2001 CanLII 17786

R. R. Montague

J. A. Ronson

Bram Herlich

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statement of desire to make representations filed, the Ontario Labour Relations Board certified the applicant as the bargaining agent for the agreed-upon unit of employees at Eric Flooring and Wood Products.

Industrial Wood & Allied Workers of Canada, (I.W.A. Canada) v. Eric Flooring and Wood Products, 2001 CanLII 14558

R. R. Montague

J. A. Ronson

Bram Herlich

Union certification granted following a successful representation vote.

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

Following a representation vote where more than fifty percent 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 directed that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Union Cleaners Limited, 2001 CanLII 8860

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote ordered in union certification application; ballot box sealed due to section 8.1 notice.

The applicant trade union filed an application for certification.

The 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 ordered a representation vote to be held.

Because the responding party filed a notice under section 8.1 of the Act disputing the applicant's estimate of the number of individuals in the unit, the Board directed that the ballot box be sealed.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Weston Foods Inc. c.o.b. as Crissa Bakery Corp., 2001 CanLII 6791

J. A. Ronson

OLRBUnanimous0 cases1987–2001

H. Peacock

Bram Herlich

Board issues consent order revoking prior certificate and directing representation vote based on settlement.

The applicant union filed an application for certification.

The parties executed Minutes of Settlement agreeing to revoke a prior certificate issued to an intervenor employee association, declaring their collective agreement invalid under section 53 of the Labour Relations Act, 1995, and directing a representation vote.

The Board issued a consent order incorporating the settlement terms, revoked the prior certificate, and directed a representation vote.

Teamsters Local Union 91 v. Glopak Inc., 2001 CanLII 21294

R. R. Montague

J. A. Ronson

Bram Herlich

Union certification granted following a successful representation vote for part-time employees.

The applicant union applied for certification for a bargaining unit of part-time employees of the responding party.

Following a representation vote where more than fifty percent 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 directed that a certificate issue to the applicant.

Canadian Union of Public Employees v. Umbrella Family and Child Care Centres of Hamilton, 2001 CanLII 15498

J. A. Ronson

OLRBUnanimous0 cases1987–2001

H. Peacock

Bram Herlich