J. A. Ronson

D. A. Patterson

Bram Herlich

Representation vote directed in union certification application with ballot box sealed pending dispute resolution.

The applicant union filed an application for certification.

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

The Board directed a representation vote to be held, ordering the ballot box sealed pending the resolution of significant issues in dispute between the parties.

Bricklayers, Masons Independent Union of Canada Local 1 v. Parsec Intermodal of Canada Limited, 2000 CanLII 6000

J. A. Ronson

D. A. Patterson

Bram Herlich

Representation vote directed in application for certification.

The applicant trade union filed an application for certification.

The Ontario Labour Relations Board found that the applicant is a trade union under the Labour Relations Act, 1995, and 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 and established the voting constituency, with directions for segregating ballots of disputed positions.

United Food and Commercial Workers International Union Local 175 v. Evangeline Residence (Division of Salvation Army), 2000 CanLII 8326

Patrick Kelly

OLRB0 cases1999–2019

J. A. Ronson

D. A. Patterson

Board issues consent declarations regarding successor employer status and bargaining rights following a sale of business.

The applicant union brought an application under section 69 of the Labour Relations Act, 1995.

The parties entered into a Memorandum of Agreement settling all outstanding issues.

The Board issued declarations on consent, finding that a sale of business had taken place and that the Regional Municipality of Waterloo was the successor employer.

The Board defined the appropriate bargaining unit, declared the applicant as the bargaining agent, and terminated the bargaining rights of the responding union.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and is Local 4304 v. Regional Municipality of Waterloo, 2000 CanLII 1299

J. A. Ronson

D. A. Patterson

Bram Herlich

Representation vote directed in application for certification.

The applicant trade union filed an application for certification.

The Ontario Labour Relations Board found that the applicant appeared to have the requisite membership support of not less than forty percent of the individuals in the proposed bargaining unit.

The Board directed that a representation vote be taken among the eligible employees in the voting constituency.

Communications, Energy and Paperworkers Union of Canada v. Tracelogix, 2000 CanLII 10805

J. A. Ronson

D. A. Patterson

Bram Herlich

Representation vote directed in certification application with ballot box sealed due to bargaining unit dispute.

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

The Board found that the applicant appeared to have the requisite 40 percent membership support in its proposed bargaining unit.

Due to a dispute over the bargaining unit description, the Board directed a representation vote using the employer's proposed voting constituency, with disputed positions casting segregated ballots.

As the employer filed a notice under section 8.1 of the Labour Relations Act, 1995, the Board ordered the ballot box sealed pending further order.

Christian Labour Association of Canada v. Smith Packaging Limited, 2000 CanLII 6953

Timothy W. Sargeant

J. A. Ronson

H. Peacock

Union certified as bargaining agent following 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 certified the applicant as the bargaining agent for the agreed-upon bargaining unit.

Communications, Energy and Paperworkers Union of Canada v. Atlantic Packaging Products Ltd., 2000 CanLII 8530

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Union certified as bargaining agent following successful representation vote.

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

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers (Cement Division) v. KPM Industries Ltd., 2000 CanLII 9768

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Unopposed application for declaration of successor trade union rights granted.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor, Service Employees International Union, Local 478, by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Board granted the declaration.

Service Employees International Union, Local 204 v. Service Employees International Union, Local 478, 2000 CanLII 7596

Timothy W. Sargeant

J. A. Ronson

H. Peacock

Application withdrawn with leave of the Board.

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

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

Cheryl Simpson v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 444, 2000 CanLII 3815

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

Application adjourned sine die for up to one year on consent of the parties.

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

Communications, Energy and Paperworkers Union of Canada, CLC, Local 28-0 v. Dupont Canada Inc., 2000 CanLII 10342

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

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

The applicant trade union applied for certification.

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

Based on the application material and membership evidence, the Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken.

Labourers’ International Union of North America, Local 837 v. SMS Modern Building Cleaning Services, 2000 CanLII 8564

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Application adjourned sine die on consent of the parties.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, based on the agreement of the parties.

If neither party requests to proceed within that time, the matter will be deemed terminated.

Retail, Wholesale Canada CAW Division Ontario Taxi Union, Local 1688 v. Blue Line Taxi Co. Ltd., 2000 CanLII 9075

Timothy W. Sargeant

J. A. Ronson

H. Peacock

Application withdrawn with leave of the Board.

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

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

Labourers’ International Union of North America, Local 1059 v. Woollatt Building Supply Limited, 2000 CanLII 9927

Timothy W. Sargeant

J. A. Ronson

H. Peacock

Union certification application dismissed after failing to secure majority in representation vote; one-year bar imposed.

The applicant union applied for certification as the bargaining agent for the responding party's employees.

Following a representation vote where not 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 dismissed the application.

A mandatory one-year bar was imposed on the applicant from bringing another certification application for the same bargaining unit.

Christian Labour Association of Canada v. LT Greenwin Property Management Inc., 2000 CanLII 7856

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Union certification granted 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 found the agreed-upon bargaining unit appropriate.

A certificate was ordered to issue to the applicant.

Teamsters Chauffeurs, Warehousemen and Helpers Local Union No. 141 v. Duchess of Kent, Royal Canadian Legion Branch 263, 2000 CanLII 11011

Timothy W. Sargeant

J. A. Ronson

H. Peacock

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

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

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

No statement of desire to make representations was filed.

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

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Centennial Plymouth Chrysler (1973) Ltd., 2000 CanLII 9034

Timothy W. Sargeant

J. A. Ronson

D. A. Patterson

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 to withdraw the application.

Office & Professional Employees’ International Union, Local 225 v. Maison Baldwin House, 2000 CanLII 7286

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Representation vote directed for proposed bargaining unit at Woolwich Lodge.

The applicant trade union applied for certification to represent employees of Woolwich Lodge.

The Ontario Labour Relations Board found that the applicant is a trade union and that it appeared to have the requisite 40 percent membership support in the proposed bargaining unit.

The Board directed that a representation vote be held, with segregated ballots for disputed office and clerical staff positions.

United Food and Commercial Workers International Union Local 175 v. Woolwich Lodge, 2000 CanLII 6907

Timothy W. Sargeant

R. R. Montague

J. A. Ronson