J. A. Ronson

H. Peacock

Brian McLean

OLRBOntario Labour Relations BoardAug 10, 2000

Board deferred various procedural requests to be heard by the panel at the scheduled hearing.

The Ontario Labour Relations Board received multiple requests regarding several complex, related applications involving the United Food and Commercial Workers International Union, District 2A, and Ryder Logistics.

The Board determined that given the complexity of the matters, all requests should proceed before the panel at the scheduled hearing rather than being decided in advance.

United Food and Commercial Workers International Union v. 1318359 Ontario Limited c.o.b. as Ryder Logistics, 2000 CanLII 11835

J. A. Ronson

H. Peacock

Brian McLean

OLRBOntario Labour Relations BoardAug 10, 2000

Applicant directed to respond to responding party's request to dismiss the application.

The responding party requested that the application under section 96 of the Labour Relations Act, 1995 be dismissed on the basis that it is bound by section 3(h) of the Act.

The Board directed the applicant to respond to the request by a specified date.

The Ontario Public Service Employees Union and its Local 420 v. Loyalist College, 2000 CanLII 11736

J. A. Ronson

D. A. Patterson

Brian McLean

OLRBOntario Labour Relations BoardAug 9, 2000

Request to seal ballot box pending sale of business application denied; ballots to be counted.

The applicant union filed an application for certification to represent a group of unorganized employees.

A representation vote was scheduled.

Another union, CUPE, requested that the ballot box be sealed following the vote until a pending sale of business application (seeking to consolidate bargaining units due to amalgamation) was determined.

The Board declined to seal the ballot box, finding that the sale of business application should not interfere with or delay the certification process, and that representation rights issues could be determined under section 69 of the Act if appropriate.

The Board directed that the ballots be counted following the vote.

Service Employees International Union, Local 204 Affiliated with the S.E.I.U., A.F. of L., C.I.O., C.L.C. v. Haliburton Highland Health Services Corporation, 2000 CanLII 11979

J. A. Ronson

H. Peacock

Brian McLean

Representation vote directed in certification application; submissions ordered on intervener's request to seal ballot box.

The applicant trade union filed an application for certification to represent personal support workers employed by the responding party.

Finding that the applicant appeared to have the requisite membership support, the Board directed a representation vote.

An intervener union asserted representation rights and requested the ballot box be sealed pending its sale of business application.

The Board directed the parties to file submissions regarding the intervener's request.

Service Employees International Union, Local 204 Affiliated with the S.E.I.U., A.F. of L., C.I.O., C.L.C. v. Haliburton Highland Health Services Corporation, 2000 CanLII 10741

J. A. Ronson

H. Peacock

Brian McLean

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

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

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

United Food and Commercial Workers International Union, Local 393W v. Coca Cola Bottling Ltd., 2000 CanLII 2646

J. A. Ronson

H. Peacock

Brian McLean

Board orders representation vote after finding applicant is a trade union and meets membership threshold.

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

The Board found the applicant to be a trade union under the Labour Relations Act, 1995.

Based on the membership evidence filed, the Board determined that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board ordered a representation vote to be held.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Aci-Kardam Manufacturing Limited, 2000 CanLII 10114

J. A. Ronson

D. A. Patterson

Brian McLean

Union certified as bargaining agent following successful representation vote and agreement on bargaining unit.

The applicant union applied for certification.

Following a representation vote, the parties resolved their remaining disputes regarding the bargaining unit description.

The Board found the agreed-upon bargaining unit appropriate.

As more than fifty percent of the ballots were cast in favour of the union, the Board ordered that a certificate issue to the applicant.

United Steelworkers of America v. BOC Canada Limited, 2000 CanLII 13396

Patrick Kelly

OLRB0 cases1999–2019

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardAug 3, 2000

Board declined union's request to cancel hearing and issue certificate based on late representations.

The applicant union requested the Board cancel the hearing and issue a certificate because the responding party filed its statement of representations late.

The Board declined to cancel the hearing or issue a certificate at this stage, noting the applicant could renew its motion at the scheduled hearing.

Labourers’ International Union of North America, Local 1059 v. Hallcon Cleaning Ltd., 2000 CanLII 6377

Sylvia Groom

1 case2000–2000

Mark Flannigan

4 cases1995–2001

Georgina Watts

19 cases1995–2026

Charles E. Humphrey

2 cases1993–2000

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardJul 26, 2000

Anthony Brown

OLRB0 cases2000–2001

Representation vote not delayed; employer failed to prove workforce build-up was reasonably certain.

The union applied for certification to represent employees at the employer's manufacturing plants.

The employer argued that the representation vote should be delayed under the 'build-up' principle, as it planned to significantly expand its workforce by opening new production lines.

The Board found that while the employer had a firm plan to expand its physical capacity, it was not reasonably certain that this would result in a sufficient increase in the number of employees within a reasonable time to justify delaying the vote.

The Board declined to apply the build-up principle, counted the ballots, and issued a certificate to the union.

United Food and Commercial Workers International Union Local 175 v. Parisco Limited, 2000 CanLII 13326

Michael Church

12 cases1986–2012

J. Nusca

1 case2000–2000

J. A. Ronson

D. A. Patterson

Brian McLean

OLRBOntario Labour Relations BoardJul 18, 2000

Board adjourned cross-complaints of bad faith bargaining and ordered parties to resume negotiations.

The union and the employer filed cross-complaints alleging failure to bargain in good faith.

At the hearing, the Board noted that the negotiations were characterized by personal conflict unrelated to the bargaining issues, and that proceeding with a hearing would likely exacerbate the situation.

Exercising its discretion under section 96(4) of the Labour Relations Act, 1995, the Board declined to inquire into the complaints at this time, finding it would serve no labour relations purpose.

The Board adjourned the hearings and directed the parties to meet within three weeks to bargain in good faith and make every reasonable effort to conclude a collective agreement.

Brotherhood of Maintenance of Way Employees v. CLN Industries Inc., 2000 CanLII 12761

J. A. Ronson

H. Peacock

Caroline Rowan

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

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

A representation vote was held, and not more than fifty per cent 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 Ontario Labour Relations Board dismissed the application for certification and imposed a one-year bar on future applications by the applicant for the same bargaining unit.

Teamsters Local Union No. 230 v. Lafarge Canada Inc., 2000 CanLII 6342

J. A. Ronson

H. Peacock

Caroline Rowan

Union certification granted following a successful representation vote by employees.

The applicant union applied for certification to represent employees of Famous Players Inc. at a specific location.

Following a representation vote where 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 directed that a certificate issue to the applicant.

Previously set meeting and hearing dates were cancelled.

United Food and Commercial Workers International Union, Local 175 v. Famous Players Inc., 2000 CanLII 6347

J. A. Ronson

H. Peacock

Anthony Brown

OLRB0 cases2000–2001

Pre-hearing request for adjournment of certification application deferred to the hearing panel.

The responding party requested an adjournment of an application for certification, arguing it should be heard alongside a related section 69 application.

The intervenors did not object, but the applicant opposed the request.

The Board declined to grant the adjournment in advance, directing that the issue be decided by the panel scheduled to hear the matter.

Ontario Public Service Employees Union v. South Cochrane Child and Youth Services, 2000 CanLII 3233

J. A. Ronson

H. Peacock

Caroline Rowan

Application dismissed on agreement of the parties; representation vote ballots ordered destroyed.

The applicant union brought an application before the Ontario Labour Relations Board.

Having regard to the agreement of the parties, the Board dismissed the application and ordered the destruction of the ballots cast in the representation vote.

Teamsters Local Union 938 v. Fitness Institute Limited, 2000 CanLII 11272

J. A. Ronson

H. Peacock

Caroline Rowan

Application withdrawn by leave of the Board.

The applicant, Amalgamated Transit Union, Local 113, sought to withdraw its application against the Toronto Transit Commission.

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

Amalgamated Transit Union, Local 113 v. Toronto Transit Commission, 2000 CanLII 4476

J. A. Ronson

H. Peacock

Caroline Rowan

Application adjourned sine die on consent for a period not exceeding one year.

The parties agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if no request to proceed is made.

Ontario Nurses’ Association v. Eastern Ontario Health Unit, 2000 CanLII 2062

J. A. Ronson

H. Peacock

Caroline Rowan

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.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 112 v. Toromont CAT, a Division of Toromont Industries Ltd., 2000 CanLII 3414

J. A. Ronson

H. Peacock

Caroline Rowan

Union certified as bargaining agent following a successful representation vote.

The applicant union applied for certification to represent employees of Hallcon Cleaning Ltd. at the Ontario Police College.

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 as the bargaining agent for the agreed-upon bargaining unit.

Ontario Public Service Employees Union v. Hallcon Cleaning Ltd., 2000 CanLII 10220

J. A. Ronson

H. Peacock

Caroline Rowan