J. A. Ronson

OLRBOntario Labour Relations BoardDec 7, 2000

H. Peacock

OLRB0 cases1987–2001

Anthony Brown

OLRB0 cases2000–2001

Board directs representation vote in displacement application for certification, denying intervenor's requests for delay.

The applicant union filed a displacement application for certification.

The Ontario Labour Relations Board found the applicant to be a trade union and that it had the requisite 40% membership support in the proposed bargaining unit.

The Board directed a representation vote.

The intervenor's requests to dismiss the application, delay the vote, or seal the ballot box based on alleged unfair practices and breaches of a court order and union constitution were denied.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. The Corporation of the County of Oxford, Woodingford Lodge, 2000 CanLII 7862

J. A. Ronson

H. Peacock

OLRB0 cases1987–2001

Caroline Rowan

OLRBOntario Labour Relations BoardDec 7, 2000

Representation vote directed in displacement application for certification of hospital office and clerical employees.

The applicant union filed a displacement application for certification for a bargaining unit of office and clerical personnel at Sault Area Hospitals, currently represented by the intervenor.

The Ontario Labour Relations Board found that the applicant appeared to have the requisite membership support of at least forty percent.

The Board directed that a representation vote be held to determine whether the employees wish to be represented by the applicant or the intervenor.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Sault Area Hospitals (Full time Office & Clerical), 2000 CanLII 9656

J. A. Ronson

OLRBOntario Labour Relations BoardDec 7, 2000

H. Peacock

OLRB0 cases1987–2001

Anthony Brown

OLRB0 cases2000–2001

Representation vote directed in displacement application; intervenor's request to seal ballot box denied.

The applicant union filed a displacement application for certification.

The Board found the applicant to be a trade union and that it had the requisite 40% membership support.

The Board directed a representation vote.

The intervenor requested that the application be dismissed or the ballot box sealed due to alleged unfair practices and breaches of a court order and union constitution.

The Board dismissed the intervenor's requests and directed the vote to proceed.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. The Corporation of the County of Oxford, Woodingford Lodge (Full-time), 2000 CanLII 6165

J. A. Ronson

D. A. Patterson

Caroline Rowan

Representation vote directed in displacement application for union certification.

The applicant trade union filed a displacement application for certification.

The Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that it appeared to have the requisite membership support.

The Board directed that a representation vote be taken of the individuals in the voting constituency, with voters asked to choose between the applicant and the intervenor.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Lennox and Addington Interval Home, 2000 CanLII 7704

J. A. Ronson

D. A. Patterson

Caroline Rowan

Board directs representation vote for proposed bargaining unit of social workers and respiratory care practitioners.

The Ontario Nurses' Association applied for certification to represent a bargaining unit of social workers and registered respiratory care practitioners employed by Lakeridge Health Corporation.

The Ontario Labour Relations Board found that the applicant is a trade union and that the proposed bargaining unit is appropriate.

Finding that at least forty percent of the individuals in the proposed unit were members of the union, the Board directed that a representation vote be taken.

Ontario Nurses’ Association v. Lakeridge Health Corporation, 2000 CanLII 7780

R. R. Montague

J. A. Ronson

Caroline Rowan

Board directed parties to file submissions regarding preliminary motions to dismiss an application.

The responding party raised preliminary motions to dismiss an application under section 96 of the Labour Relations Act, 1995, arguing that it failed to make out a case and should be dismissed for delay.

The Board directed the applicant to file submissions in response to the motions within ten days, specifying any disputed facts, and allowed the responding party five days to reply.

Communications, Energy and Paperworkers Union of Canada (C.E.P.) v. Progistix, 2000 CanLII 8826

J. A. Ronson

D. A. Patterson

Caroline Rowan

Representation vote directed in union certification application after employer failed to file a response.

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

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

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

The Board directed that a representation vote be held.

United Steelworkers of America v. The Sleep Factory and/or Majoli Furniture (1983) Limited, 2000 CanLII 8494

R. R. Montague

J. A. Ronson

Caroline Rowan

OLRBOntario Labour Relations BoardDec 5, 2000

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

The applicant union applied for certification.

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

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for the same bargaining unit.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. CTS of Canada Limited, 2000 CanLII 3637

R. R. Montague

J. A. Ronson

Caroline Rowan

OLRBOntario Labour Relations BoardDec 5, 2000

Representation vote directed in displacement application for certification after applicant established sufficient membership support.

The applicant trade union filed a displacement application for certification to represent employees currently represented by the intervenor.

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the numerical difference was not significant and that the applicant established sufficient membership support (not less than forty per cent) to obtain a representation vote.

The Board directed that a representation vote be taken of the individuals in the voting constituency.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Springdale Country Manor (Omni Health Care Ltd.), 2000 CanLII 8466

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardDec 5, 2000

Representation vote directed in displacement application for certification.

The applicant union filed a displacement application for certification.

The Board found the applicant to be a trade union and that it had established sufficient membership support in the proposed bargaining unit, despite the responding party's dispute over the employee estimate.

The Board directed that a representation vote be taken.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. 782750 Ontario Limited, 2000 CanLII 6219

R. R. Montague

J. A. Ronson