J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardJun 6, 2000

Representation vote ordered in union certification application.

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

The Board found that the applicant established sufficient membership support in its proposed bargaining unit to obtain a representation vote.

The Board directed that a representation vote be taken of the individuals in the voting constituency, with disputed ballots to be segregated.

Communications, Energy and Paperworkers Union of Canada Local 87-M Southern Ontario Newspaper Guild v. Hamilton Web Printing, A Division of Southam Inc. Brabant Newspapers, A Division of Southam Inc., 2000 CanLII 4974

Russell Goodfellow

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardJun 6, 2000

Board directed parties to file responses to a request for reconsideration.

The Board received a request for reconsideration of its May 12, 2000 decision.

The Board directed the applicant and responding party to file their responses to the request by June 16, 2000.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Victorian Order of Nurses Thunder Bay & District Branch, 2000 CanLII 6450

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardJun 2, 2000

Anthony Brown

OLRB0 cases2000–2001

Reconsideration of representation vote date denied; delay justified to ensure proper notice to employees.

The applicant union sought reconsideration of a Board decision scheduling a representation vote outside the usual five-day timeline under subsection 8(5) of the Labour Relations Act, 1995.

The majority of the Board dismissed the request, finding that the delay was a valid exercise of discretion to ensure proper notice to employees, many of whom were not scheduled to work on the days leading up to the vote.

A dissenting Board member argued that the decision was an abrupt departure from the Board's established practice of adhering to the five-day timeframe.

United Steelworkers of America v. Sears Canada Inc., 2000 CanLII 13299

J. A. Ronson

D. A. Patterson

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 2, 2000

Representation vote directed in displacement application for certification after finding 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 the numerical difference was not significant and that the applicant established sufficient membership support (not less than 40%) to obtain a representation vote.

The Board directed that a representation vote be taken.

International Union of Operating Engineers, Local 793 v. Canadian Waste Services Inc., 2000 CanLII 12030

J. A. Ronson

D. A. Patterson

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 2, 2000

Board directs representation vote in displacement application for certification.

The applicant trade union applied for certification to displace the intervenor as the bargaining agent for employees of the responding party.

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 applicant.

The Board directed that a representation vote be taken among the eligible employees in the voting constituency to determine whether they wish to be represented by the applicant or the intervenor.

International Union of Operating Engineers, Local 793 v. Canadian Waste Services Inc., 2000 CanLII 12031

J. A. Ronson

D. A. Patterson

Christopher J. Albertyn

Representation vote directed in union certification application after finding sufficient membership support.

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

The responding party disputed 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 applicant's proposed bargaining unit could be appropriate and that the applicant had established sufficient membership support.

The Board directed that a representation vote be taken.

United Steelworkers of America v. Century Heating Products Ltd., 2000 CanLII 11295

J. A. Ronson

D. A. Patterson

Christopher J. Albertyn

Representation vote directed for proposed bargaining unit of Sears Canada employees.

The applicant trade union applied for certification to represent a bargaining unit of employees at a Sears Canada Inc. location.

The responding party disputed the proposed bargaining unit and the number of employees, giving notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the applicant established sufficient membership support to warrant a representation vote and directed that a vote be held.

The majority of the Board scheduled the vote for June 9, 2000, to ensure adequate notice and maximize employee participation, with one Board member dissenting on the vote date.

United Steelworkers of America v. Sears Canada Inc., 2000 CanLII 11298

J. A. Ronson

D. A. Patterson

Christopher J. Albertyn

Certification application dismissed after union failed to win majority in representation vote.

The applicant union applied for certification.

Following a representation vote where not more than 50% of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.

A one-year bar on further certification applications by the applicant for this bargaining unit was imposed.

Unite Ontario Council v. Liz Claiborne (Canada) Limited, 2000 CanLII 12993

J. A. Ronson

D. A. Patterson

Christopher J. Albertyn

Application withdrawn with leave of the Board.

The applicants sought to withdraw their application against the Canadian Union of Public Employees and its Local 2842.

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

Kirsty Kohler v. Canadian Union of Public Employees and its Local 2842, 2000 CanLII 6332

J. A. Ronson

D. A. Patterson

Christopher J. Albertyn

Union decertified following representation vote; related applications withdrawn.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, the Ontario Labour Relations Board declared that Teamsters Local Union 938 no longer represents the employees of Burnham (Canada) Ltd. Pursuant to minutes of settlement, related unfair labour practice and first contract applications were withdrawn.

Teamsters Local Union 938 v. Burnham (Canada) Ltd., 2000 CanLII 8138

J. A. Ronson

D. A. Patterson

Christopher J. Albertyn

Union certification granted following a 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 ordered that a certificate issue to the applicant for the agreed-upon bargaining unit.

Canadian Union of Public Employees v. Sarnia and District Association for Community Living, 2000 CanLII 13237

Russell Goodfellow

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardMay 26, 2000

Board amends bargaining unit description to correct an error in a previous decision.

The Ontario Labour Relations Board issued a decision to correct an error in its previous decision dated December 31, 1999.

The Board amended the bargaining unit description for the employees of the responding party and directed that an amended certificate be issued to the applicant union.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. SMS Modern Building Cleaning Services, 2000 CanLII 12517

Russell Goodfellow

J. A. Ronson

H. Peacock

Union certification granted after representation vote; intervenor's request for postponement denied.

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

The intervenor requested a postponement of the disposition pending a contempt motion in the Superior Court and raiding charges before the Canadian Labour Congress.

The Board denied the postponement, noting it agreed with other Board decisions dealing with these requests.

Having found the bargaining unit appropriate and that more than fifty per cent of the ballots were cast in favour of the applicant in a representation vote, the Board ordered that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Women’s House of Bruce County, 2000 CanLII 11265

Russell Goodfellow

J. A. Ronson

H. Peacock

Union certification granted following a successful representation vote, dismissing the intervenor's requests for postponement.

The applicant union applied for certification to represent office and clerical employees of the Community Care Access Centre of the District of Thunder Bay.

The intervenor union requested that the application be dismissed for non-compliance with the Board's Rules of Procedure, or postponed pending a contempt motion and raiding charges.

The Board rejected the intervenor's requests, noting the postponement issues were addressed in other decisions and no particulars supported dismissing the application.

Following a representation vote where more than fifty per cent of ballots were cast in favour of the applicant, the Board ordered that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation and General workers Union of Canada (CAW-Canada) v. Community Care Access Centre of the District of Thunder Bay, 2000 CanLII 11300

Russell Goodfellow

J. A. Ronson

H. Peacock

Union certification granted following a successful representation vote with no objections filed.

The applicant union applied for certification.

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 found the agreed-upon bargaining unit appropriate.

The Board ordered that a certificate issue to the applicant and cancelled previously set meeting and hearing dates.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Viceroy Homes Limited, 2000 CanLII 2471

Russell Goodfellow

J. A. Ronson

H. Peacock

Union certification granted after successful representation vote; intervenor's request to postpone disposition denied.

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

The intervenor union requested a postponement of the disposition pending a contempt motion in Superior Court and raiding charges before the Canadian Labour Congress.

The Board denied the postponement, noting it had dealt with these requests in other decisions.

Having found the bargaining unit appropriate and noting that more than 50% of the ballots in the representation vote were cast in favour of the applicant, the Board ordered that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation and General workers Union of Canada (CAW-Canada) v. Society of the Sacred Heart of Jesus, 2000 CanLII 11276

Russell Goodfellow

J. A. Ronson

H. Peacock

Certificate issued to applicant union following successful representation vote; intervenor's postponement request denied.

The applicant union applied for certification and won a representation vote among the employees of the responding party.

The intervenor union requested a postponement of the disposition pending a contempt motion in Superior Court and raiding charges before the Canadian Labour Congress.

The Board denied the postponement request, consistent with its previous decisions, and issued a certificate to the applicant union.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Cruikshank Cleaning Contractors Ltd., 2000 CanLII 11275

Russell Goodfellow

J. A. Ronson

H. Peacock

Union certified after winning representation vote; intervenor's requests to dismiss or postpone application rejected.

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

The intervenor union requested that the application be dismissed for alleged non-compliance with the Board's Rules of Procedure, or postponed pending a contempt motion in Superior Court and raiding charges before the Canadian Labour Congress.

The Board rejected these requests, noting a lack of particulars for dismissal and relying on prior Board decisions regarding postponement.

As more than fifty per cent of the ballots cast in the representation vote were in favour of the applicant, the Board certified the applicant as the bargaining agent for the agreed-upon unit of employees.

National Automobile, Aerospace, Transportation and General workers Union of Canada (CAW-Canada) v. Babcock Nursing and Rest Homes Ltd., 2000 CanLII 11291

Russell Goodfellow

J. A. Ronson

H. Peacock