J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardMay 15, 2001

Caroline Rowan

OLRB0 cases1999–2022

Board ordered a representation vote for decertification and declined to seal the ballot box.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party trade union's bargaining rights.

The Board found that at least forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

The responding party requested that the application be dismissed without a vote under section 63(16).

The majority of the Board declined to dismiss the application without a vote or to seal the ballot box, directing that a representation vote be taken and that the responding party's issues be dealt with at a post-vote hearing.

One Board member dissented, stating they would have sealed the ballot box until the section 63(16) charges were addressed.

Saint Elizabeth Health Care Supportive Care Workers of Huron County v. Service Employees International Union, Local 210, 2001 CanLII 18057

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardMay 15, 2001

Caroline Rowan

OLRB0 cases1999–2022

Motion to dismiss sale of business application denied; request for document production deferred.

The applicant union filed an application under section 69 of the Labour Relations Act, 1995, alleging a sale of a business.

The intervenor union requested that the application be dismissed without a hearing for failing to disclose a prima facie case, or alternatively, that the applicant provide all material facts and that documents be produced.

The Board dismissed the motion to dismiss, noting that one responding party employer did not object to the relief requested and the other took no position.

The Board directed the applicant to provide a statement of material facts not already pleaded.

The Board deferred the request for production of documents until after the parties met with the Labour Relations Officer.

Canadian Union of Public Employees and its Local 3977 v. Manitoulin-Sudbury Community Care Access Centre, 2001 CanLII 18887

J. A. Ronson

D. A. Patterson

Bram Herlich

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

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

Patrick Kelly

OLRB0 cases1999–2019

J. A. Ronson

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

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 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

Anthony Brown

OLRB0 cases2000–2001

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 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

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

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

J. A. Ronson

H. Peacock

OLRB0 cases1987–2001

Bram Herlich

Applicant union directed to respond to employer's request for conditions on withdrawal of certification application.

The applicant union sought to withdraw its application for certification.

The responding employer requested that the Board impose conditions on the withdrawal pursuant to sections 7(8) and 7(9) of the Labour Relations Act, 1995.

The Board directed the applicant to respond to the employer's request within five days.

International Union of Painters and Allied Trades, Local 1819 v. Regal Aluminum (1993) Inc., 2001 CanLII 12721

R. R. Montague

J. A. Ronson

Bram Herlich

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

The applicant union applied for certification.

A representation vote was held, but the union failed to obtain more than fifty per cent of the ballots cast by employees in the bargaining unit.

As no statement of desire to make representations was filed, the Board dismissed the application and cancelled the previously set meeting and hearing dates.

Teamsters Local Union No. 419 v. Associated Freezers Corporation, 2001 CanLII 9735

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

J. A. Ronson

H. Peacock

OLRB0 cases1987–2001

Bram Herlich

Application withdrawn by leave of the Board.

The applicant sought to withdraw his application against the responding party.

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

Robert Freeman v. Ventra Plastics, 2001 CanLII 6160

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

H. Peacock

OLRB0 cases1987–2001

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