J. A. Ronson

J. A. Ronson

Anthony Brown

OLRBOntario Labour Relations BoardAug 29, 2000

Representation vote ordered in displacement certification application, with ballot box sealed pending timeliness determination.

The applicant union filed a displacement application for certification.

The Board found the applicant to be a trade union and that it had sufficient membership support to warrant a representation vote.

The intervenor union argued the application should be dismissed due to alleged breaches of a court order, the union constitution, and the Board's Rules of Procedure, and that it was untimely under section 7(4) of the Labour Relations Act, 1995.

The Board rejected the requests to dismiss the application outright, ordering a representation vote but directing that the ballot box be sealed until the timeliness issue is resolved.

One Board member dissented, stating a vote should not be ordered until the timeliness issues were resolved.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Wilson Memorial Hospital (Part Time Unit), 2000 CanLII 10243

R. R. Montague

J. A. Ronson

Anthony Brown

OLRBOntario Labour Relations BoardAug 29, 2000

Representation vote ordered in displacement certification application, with ballot box sealed pending timeliness determination.

The applicant union filed a displacement application for certification.

The intervenor union objected to the application on several grounds, including alleged breaches of a court order, the union constitution, and the Board's Rules of Procedure, as well as an objection that the application was untimely under section 7(4) of the Labour Relations Act, 1995.

The majority of the Board dismissed the technical objections and ordered a representation vote, but directed that the ballot box be sealed until the timeliness issue is resolved.

One Board member dissented, stating he would not order a vote until the timeliness issues were resolved.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Manitouwadge General Hospital (Part Time Unit), 2000 CanLII 10677

R. R. Montague

J. A. Ronson

Anthony Brown

Representation vote directed in application for certification by trade union.

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

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 at the time of the application.

The Board directed that a representation vote be taken.

United Steelworkers of America v. The Opinicon Limited, 2000 CanLII 9280

R. R. Montague

J. A. Ronson

Brian McLean

OLRB0 cases1998–2026

Board grants consent declaration that Ontario Power Generation Inc. and its subsidiaries are related employers.

The applicant sought a declaration under sections 69 and 1(4) of the Labour Relations Act that Ontario Power Generation Inc. and its various subsidiary corporations are related employers.

Ontario Power Generation Inc. consented to the declaration.

The Board declared that the responding parties are associated or related businesses under common control and direction, constituting one employer for the purposes of the Act.

Society of Energy Professionals v. Ontario Power Generation Inc., 2000 CanLII 12184

R. R. Montague

J. A. Ronson

Anthony Brown

Representation vote ordered in certification application despite section 8.1 notice regarding bargaining unit dispute.

The applicant union applied for certification.

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, but agreed that the ballots cast should be counted.

The Board directed that a representation vote be taken, with any ballots cast by individuals in disputed positions to be segregated.

Board Member Ronson dissented, arguing that no vote should take place or the ballot box should be sealed until the section 8.1 issues are resolved.

Communications, Energy and Paperworkers Union of Canada v. Bell World, 2000 CanLII 10813

R. R. Montague

J. A. Ronson

Brian McLean

OLRB0 cases1998–2026

Related employer declaration granted on consent for parent company and its subsidiaries.

The applicant union sought a declaration under section 1(4) of the Labour Relations Act that the responding party and its numerous subsidiary corporations are related employers.

The responding party consented to the declaration.

The Board granted the application and declared the entities to be one employer for the purposes of the Act.

Power Workers’ Union v. Ontario Power Generation Inc., 2000 CanLII 12185

R. R. Montague

J. A. Ronson

Anthony Brown

Board directs representation vote for proposed bargaining unit in certification application.

The applicant trade union applied for certification.

The Board directed that a representation vote be taken of the eligible employees.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Gas Cylinder Technologies, Inc., 2000 CanLII 8499

R. R. Montague

J. A. Ronson

Anthony Brown

Representation vote ordered in displacement certification application, with ballot box sealed pending timeliness determination.

The applicant union filed a displacement application for certification to represent part-time employees at the responding party hospital.

The intervenor union objected to the application, alleging breaches of a court order, the union constitution, and the Board's Rules of Procedure, and argued the application was untimely under section 7(4) of the Labour Relations Act, 1995.

The Board dismissed the procedural and constitutional objections, finding sufficient membership evidence to order a representation vote.

However, due to the timeliness objection, the Board directed that the ballot box be sealed pending further order or agreement of the parties.

A dissenting Board member would have resolved the timeliness issue before ordering a vote.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Thunder Bay Regional Hospital (Part Time Unit), 2000 CanLII 7239

R. R. Montague

J. A. Ronson

Anthony Brown

Representation vote ordered in displacement certification application, but ballot box sealed pending timeliness determination.

The applicant union filed a displacement application for certification.

The intervenor union objected, arguing the application breached a court order, the union constitution, and procedural rules, and was untimely under section 7(4) of the Labour Relations Act, 1995.

The Board dismissed the preliminary objections regarding the court order, constitution, and procedural rules, and ordered a representation vote.

However, due to the timeliness objection, the Board directed that the ballot box be sealed until the issue is resolved.

One Board member dissented, stating the vote should not be ordered until the timeliness issue is resolved.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Thunder Bay Regional Hospital (Full Time Unit), 2000 CanLII 9607

R. R. Montague

J. A. Ronson

Anthony Brown

Representation vote ordered in displacement application with ballot box sealed pending resolution of timeliness objection.

The applicant union filed a displacement application for certification.

The Board dismissed the preliminary objections but directed that a representation vote be held with the ballot box sealed until the timeliness issue could be resolved.

One Board Member dissented, stating that the vote should not be ordered until the timeliness issues were resolved.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. The McCausland Hospital (Full Time Unit), 2000 CanLII 8207

R. R. Montague

J. A. Ronson

Anthony Brown

Representation vote ordered in displacement certification application, with ballot box sealed pending timeliness determination.

The applicant trade union filed a displacement application for certification.

The intervenor objected to the application, alleging breaches of a court order, the union constitution, and the Board's Rules of Procedure, and argued the application was untimely under section 7(4) of the Labour Relations Act, 1995.

The majority of the Board dismissed the preliminary objections regarding the court order, constitution, and rules, and directed that a representation vote be taken.

However, due to the timeliness objection, the Board ordered the ballot box sealed pending further resolution.

One Board Member dissented, stating a vote should not be ordered until the timeliness issues were resolved.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. The McCausland Hospital (Part Time Unit), 2000 CanLII 6528

R. R. Montague

J. A. Ronson

Anthony Brown

Representation vote ordered in displacement application for certification despite employer's section 8.1 notice.

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

The responding party employer 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, but agreed the ballots should be counted.

The Board found the numerical difference between the parties' estimates was not significant and ordered a representation vote.

The Board dismissed the intervenor's objections based on an alleged breach of a court order and union constitution.

The Board also declined the employer and intervenor's request to delay the vote until after the seasonal lay-off ended.

Board Member Ronson dissented, arguing the vote should be delayed until the school year began.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Aramark Canada Limited, 2000 CanLII 11777

R. R. Montague

J. A. Ronson

Anthony Brown

Representation vote ordered in displacement certification application; requests to dismiss or delay vote denied.

The applicant trade union filed a displacement application for certification for a bargaining unit of part-time employees currently represented by the intervenor.

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

The Board found the applicant established sufficient membership support to order a representation vote.

The Board dismissed the intervenor's requests to dismiss the application based on alleged breaches of a court order, union constitution, and Board rules.

A majority of the Board also declined to delay the vote until the start of the school year, ordering the vote to proceed.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Aramark Canada Limited, 2000 CanLII 11778

Marilyn Silverman

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardAug 26, 2000

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw its application.

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

Sears Canada Inc. v. United Brotherhood of Carpenters and Joiners of America and its Locals and Affiliates, 2000 CanLII 2193

Marilyn Silverman

J. A. Ronson

H. Peacock

Representation vote ordered in certification application despite employer's section 8.1 notice disputing bargaining unit estimate.

The applicant trade union filed an application for certification.

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 between the parties was not significant and that the applicant established sufficient membership support to obtain a representation vote.

The Board ordered a representation vote, directing that ballots cast by individuals in disputed positions be segregated and not counted until further order.

A dissenting board member would have sealed the ballot box until the section 8.1 issues were resolved at a hearing.

Ontario Public Service Employees Union v. The Township of Bathurst, Burgess, Sherbrooke, 2000 CanLII 11025

Marilyn Silverman

J. A. Ronson

H. Peacock

Application for certification dismissed after union failed to secure majority support in representation vote.

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

Following a representation vote where not more than fifty per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.

The Board imposed a one-year bar on further applications for certification by the applicant for the same bargaining unit.

Graphic Communications International Union, Local 500M v. Baker Graphic Inc., 2000 CanLII 5001

Marilyn Silverman

J. A. Ronson

H. Peacock

Union certified as bargaining agent following a successful representation vote.

The applicant union applied for certification as the bargaining agent for the 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 statement of desire to make representations filed, the Ontario Labour Relations Board certified the applicant as the bargaining agent for the agreed-upon bargaining unit.

Canadian Union of Public Employees v. 1278655 Ontario Inc. c.o.b. as Carleton Place Manor, 2000 CanLII 9429

Marilyn Silverman

J. A. Ronson

H. Peacock

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

United Food and Commercial Workers International Union Local 175 v. Thomas D. Reburn Ltd. c.o.b. as Leon’s Furniture, Peterborough, 2000 CanLII 9787

Marilyn Silverman

J. A. Ronson

H. Peacock