J. A. Ronson

J. A. Ronson

H. Peacock

OLRBMajority (Wrote the majority reasons)0 cases2000–2001

Union decertified after majority of employees vote in opposition during representation vote.

The applicant brought an application to terminate the bargaining rights of the responding party union.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no statement of desire to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer.

Johnson v. Union of Needletrades, Industrial and Textile Employees, AFL-CIO-CLC 2000 OLRB mini 3714

Marilyn Silverman

J. A. Ronson

H. Peacock

Representation vote ordered in certification application after union established sufficient membership support.

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

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

The Board directed that a representation vote be taken of the individuals in the proposed bargaining unit.

A dissenting Board member argued that the vote should not take place or the ballot box should be sealed until section 8.1 issues were resolved at a hearing.

Communications, Energy and Paperworkers Union of Canada v. Acorn Packaging 2000 OLRB mini 3712

Marilyn Silverman

J. A. Ronson

H. Peacock

Declaration terminating bargaining rights issued after union stated it no longer wished to represent employees.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party union no longer represents the employees in the bargaining unit.

The responding party stated it no longer wished to represent the employees.

Pursuant to section 63(17) of the Act, the Board issued a declaration terminating the union's bargaining rights.

Program for Assertive Community Treatment v. Ontario Nurses’ Assn. 2000 OLRB mini 3711

J. A. Ronson

OLRBUnanimous0 cases1993–2001

G. McMenemy

Christopher J. Albertyn

OLRBUnanimous (Wrote the reasons)0 cases1998–2025

Board ordered a representation vote and sealed the ballot box in a certification application.

The applicant trade 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.

The Board found that the proposed bargaining unit could be appropriate but could not conclude that 40% or more of the individuals in the unit were members of the union.

The Board directed that a representation vote be taken and the ballot box be sealed pending further order or agreement.

United Food & Commercial Workers, Local 206 v. Cara Operations Ltd. 2000 OLRB mini 3710

Marilyn Silverman

J. A. Ronson

H. Peacock

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

The applicant union applied for certification.

A representation vote was held, and not more than fifty percent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

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

United Food and Commercial Workers International Union v. Telespectrum Worldwide (Canada) Inc. 2000 OLRB mini 3709

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 OLRB mini 3708

Marilyn Silverman

J. A. Ronson

H. Peacock

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 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 of employees.

International Union of Operating Engineers, Local 772 v. Waste Recycling (Ottawa Hull) Inc. 2000 OLRB mini 3705

Marilyn Silverman

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardAug 24, 2000

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.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board certified the union and ordered a certificate to issue.

Service Employees International Union, Local 204 v. Nuance Global Traders (Canada) Inc. 2000 OLRB mini 3691

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardAug 24, 2000

Christopher J. Albertyn

OLRB0 cases1998–2025

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

The applicant union and responding employer agreed to adjourn the applications sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matters will be deemed terminated if neither party requests to proceed.

Canadian Union of Public Employees Local 3261 v. The University of Toronto Press Inc. 2000 OLRB mini 3683

Timothy W. Sargeant

OLRBUnanimous (Wrote the reasons)0 cases1997–2001

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardAug 23, 2000

Board relieves applicant from filing materials on trade union status due to prior finding.

The Board issued a decision correcting a previous statement that the applicant had not been found to be a trade union.

Noting that the applicant had already proven its status as a trade union in a prior proceeding, the Board relieved the applicant from the obligation to file materials regarding its status.

International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, Local 58 v. Stage West All-Suite Hotel & Theatre Restaurant 2000 OLRB mini 3677

R. R. Montague

OLRBUnanimous0 cases1986–2001

Marilyn Silverman

J. A. Ronson

OLRBOntario Labour Relations BoardAug 23, 2000

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

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

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

No statement of desire to make representations was filed within the time fixed under Rule 62 of the Board's Rules of Procedure.

Consequently, 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 & General Workers Union of Canada (CAW-Canada) v. Aci-Kardam Manufacturing Ltd. 2000 OLRB mini 3671

R. R. Montague

OLRBUnanimous0 cases1986–2001

Marilyn Silverman

J. A. Ronson

OLRBOntario Labour Relations BoardAug 23, 2000

Board directs representation vote in certification application after employer fails to file response.

The applicant trade union filed an application for certification.

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

The Board found that the applicant is a trade union and 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 of the eligible employees in the voting constituency.

Graphic Communications Union, Local 41M v. The Standard Freeholder 2000 OLRB mini 3670

Marilyn Silverman

OLRBMajority (Wrote the majority reasons)0 cases2000–2001

J. A. Ronson

H. Peacock

OLRBMajority (Wrote the majority reasons)0 cases2000–2001

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

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

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

The Board dismissed the intervenor's requests to dismiss the application based on alleged unfair labour practices, breach of a court order, and technical breaches of the Rules of Procedure.

However, because the intervenor raised a timeliness objection under section 7(4) of the Labour Relations Act, 1995, the Board ordered that the ballot box be sealed following the representation vote until the timeliness issue is resolved.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Nipigon District Memorial Hospital (Full Time Unit) 2000 OLRB mini 3657

Marilyn Silverman

J. A. Ronson

H. Peacock

OLRBMajority (Wrote the majority reasons)0 cases2000–2001

Representation vote directed in displacement application, but ballot box sealed pending determination of timeliness objection.

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 responding party's section 8.1 objection was dismissed as it did not dispute the bargaining unit description or numbers.

The intervenor raised several objections, including untimeliness under section 7(4) of the Labour Relations Act, 1995.

The Board directed that a representation vote be held but ordered the ballot box sealed pending resolution of the timeliness issue.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Nipigon District Memorial Hospital (Part Time Unit) 2000 OLRB mini 3656

Marilyn Silverman

J. A. Ronson

H. Peacock

OLRBMajority (Wrote the majority reasons)0 cases2000–2001

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

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

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

However, because the intervenor challenged the timeliness of the application under section 7(4) of the Labour Relations Act, 1995, the Board ordered that the ballot box be sealed following the vote.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Atikokan General Hospital (Part Time Unit) 2000 OLRB mini 3655

Marilyn Silverman

J. A. Ronson

H. Peacock

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

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

The Board found that the applicant is a trade union and that at least 40% of the proposed bargaining unit were members.

The responding party's section 8.1 notice was dismissed as it did not dispute the unit description or employee estimate.

The Board directed a representation vote but ordered the ballot box sealed pending the resolution of the intervenor's timeliness objection under section 7(4) of the Labour Relations Act, 1995.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Atikokan General Hospital (Full Time Unit) 2000 OLRB mini 3654

Marilyn Silverman

J. A. Ronson

H. Peacock

OLRBMajority (Wrote the majority reasons)0 cases2000–2001

Representation vote directed after union establishes trade union status and sufficient membership support.

The applicant union filed an application for certification to represent employees of the responding party.

The Ontario Labour Relations Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995.

Upon examining the application and membership evidence, the Board determined that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

Accordingly, the Board directed that a representation vote be held for the eligible employees.

Canadian Union of Public Employees v. Delta Chi’s Cosmopolitan Kids Inc. 2000 OLRB mini 3652

Marilyn Silverman

J. A. Ronson

OLRBConcurring0 cases1980–2001

H. Peacock

OLRBMajority (Wrote the majority reasons)0 cases2000–2001

Board declines to prohibit individual from acting as scrutineer at representation vote.

The intervenor requested an order prohibiting a named individual from acting as a scrutineer for the applicant union during a representation vote, alleging violations of the Labour Relations Act.

The Ontario Labour Relations Board declined to make the requested order, noting that a Board returning officer would be present to supervise the vote and that any issues arising could be raised at a subsequent hearing.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. St. Joseph’s General Hospital, Elliot Lake (Part Time) 2000 OLRB mini 3651

Marilyn Silverman

J. A. Ronson

OLRBConcurring0 cases1980–2001

H. Peacock