J. A. Ronson

Patrick Kelly

J. A. Ronson

OLRBOntario Labour Relations BoardMay 3, 2000

Board issues union certificate following successful representation vote, declining to delay for external proceedings.

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

The intervenor union requested that the Board delay issuing a certificate until its contempt motion in Superior Court or internal Canadian Labour Congress proceedings were resolved.

The Board declined to postpone the issuance of the certificate, noting that section 10 of the Labour Relations Act, 1995 requires certification when more than 50 percent of ballots are cast in favour of the applicant.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Middlesex Terrace, 2000 CanLII 12244

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardMay 3, 2000

Brian McLean

OLRB0 cases1998–2026

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

The applicant union applied for certification.

Following a representation vote where the parties agreed to count the ballots, not more than fifty per cent of the ballots were cast in favour of the applicant.

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 Steelworkers of America v. Primary Response Inc., 2000 CanLII 12720

R. R. Montague

Laura Trachuk

J. A. Ronson

Board orders representation vote in certification application after finding sufficient membership support.

The applicant trade 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 and determined that at least 40% of the individuals in the proposed bargaining unit were members.

Although the responding party disputed the bargaining unit estimate and proposed a different unit, the Board found the numerical difference insignificant and directed a representation vote.

The vote was ordered for all employees, with segregated ballots for disputed positions.

Local Union 636 of the International Brotherhood of Electrical Workers v. Goulbourn Hydro-Electric Commission, 2000 CanLII 8936

R. R. Montague

Laura Trachuk

J. A. Ronson

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.

Communications, Energy and Paperworkers Union of Canada v. Bartley Services A Division of Union Energy, 2000 CanLII 9914

R. R. Montague

Laura Trachuk

J. A. Ronson

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

The applicant trade union applied 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 per cent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken.

Canadian Union of Public Employees v. The Children’s Aid Society of Ottawa-Carleton, 2000 CanLII 6918

R. R. Montague

Patrick Kelly

J. A. Ronson

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

I.W.A. Canada v. Satisfied Brake Products Inc., 2000 CanLII 11924

R. R. Montague

Patrick Kelly

J. A. Ronson

Board issues certification to applicant union following successful representation vote, declining intervenor's request for postponement.

The applicant union applied for certification to represent a bargaining unit of employees at the responding party hospital.

A representation vote was held, and more than 50 percent of the ballots were cast in favour of the applicant.

The intervenor union requested that the Board postpone its decision pending the disposition of a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

The Board declined to postpone the decision, noting that previous panels had already rejected similar arguments and that section 10 of the Labour Relations Act, 1995 requires the Board to certify the applicant when a majority of votes are in its favour.

The Board issued a certificate to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Grand River Hospital Corporation, 2000 CanLII 12381

R. R. Montague

Patrick Kelly

J. A. Ronson

Board refused to postpone certification decision and issued certificate to applicant union following successful representation vote.

The applicant union applied for certification to represent custodial and maintenance employees of the responding school board.

The intervenor union requested that the Board postpone its decision pending the outcome of a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

The Board refused to postpone the decision, noting that a representation vote had already been held in which more than 50 percent of the ballots were cast in favour of the applicant.

Under section 10 of the Labour Relations Act, 1995, the Board is required to certify the applicant in these circumstances.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Avon Maitland District School Board, 2000 CanLII 12382

R. R. Montague

Patrick Kelly

J. A. Ronson

Board issues certificate to applicant union, declining to postpone decision pending intervenor's contempt motion.

The applicant union applied for certification to represent a bargaining unit of employees at Grand River Hospital Corporation.

The intervenor union requested that the Board postpone its decision pending the outcome of a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

As the representation vote resulted in more than 50 percent of ballots cast in favour of the applicant, the Board ordered that a certificate issue.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Grand River Hospital Corporation, 2000 CanLII 12383

R. R. Montague

Laura Trachuk

J. A. Ronson

Certificate issued to union following successful representation vote with no outstanding issues.

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

Following a representation vote in which more than fifty percent of the ballots were cast in favour of the applicant, and with no outstanding issues between the parties, the Ontario Labour Relations Board directed that a certificate issue to the applicant.

Previously scheduled meeting and hearing dates were cancelled.

Industrial Wood & Allied Workers of Canada (IWA-Canada) v. Canac Kitchens, Division of Kohler of Canada Ltd., 2000 CanLII 8741

R. R. Montague

Patrick Kelly

J. A. Ronson

Board issues certification certificate, rejecting intervenor's request to delay pending external court and union proceedings.

The applicant union applied for certification to represent employees at the responding party's care centre.

The intervenor union requested a postponement of the certificate issuance pending a contempt motion in Superior Court and internal Canadian Labour Congress proceedings.

The Board declined to delay the issuance, noting that previous panels had already rejected similar arguments and that section 10 of the Labour Relations Act, 1995 mandates certification when more than 50 percent of ballots are cast in favour of the applicant.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Trinity Village Care Centre, 2000 CanLII 13248

R. R. Montague

Laura Trachuk

J. A. Ronson

Application withdrawn with leave of the Board on consent of the parties.

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

Pursuant to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

Communications, Energy and Paperworkers Union of Canada and its Local 324 v. Cheryl Selman Dryden Mohawk, 2000 CanLII 8791

R. R. Montague

Laura Trachuk

J. A. Ronson

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

Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union v. Houde and Perreault Inc. carrying on business as Houde’s Supermarket Loeb, 2000 CanLII 7248

R. R. Montague

Laura Trachuk

J. A. Ronson

Application withdrawn with leave of the Board.

The applicant, Ontario Public Service Employees Union, sought to withdraw its application against the Metropolitan Toronto Housing Authority.

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

Ontario Public Service Employees Union v. Metropolitan Toronto Housing Authority, 2000 CanLII 3851

R. R. Montague

Patrick Kelly

J. A. Ronson

Board issues certification certificate, declining intervenor's request to postpone pending external proceedings.

The applicant union applied for certification to represent employees at Hanover and District Hospital.

The intervenor union requested that the Board postpone issuing a certificate pending the disposition of a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

The Board declined to delay the final determination, noting that more than 50 percent of the ballots cast in the representation vote were in favour of the applicant.

The Board found no discretion under section 10 of the Labour Relations Act, 1995 to postpone the certificate and ordered that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Hanover and District Hospital, 2000 CanLII 13231

R. R. Montague

Laura Trachuk

J. A. Ronson

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

The Christian Labour Association of Canada applied for certification as the bargaining agent for employees of Waltron Limited.

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.

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

Christian Labour Association of Canada v. Waltron Limited, 2000 CanLII 10858

R. R. Montague

Patrick Kelly

J. A. Ronson

Union certification granted; Board refused to postpone issuance of certificate pending external litigation.

The applicant union applied for certification to displace the intervenor union.

Following a representation vote where more than 50 percent of the ballots were cast in favour of the applicant, the intervenor requested that the Board postpone issuing a certificate pending a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

The Board dismissed the request, finding no valid reason to delay the final determination and noting that section 10 of the Labour Relations Act, 1995 directs the Board to certify the applicant in these circumstances.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Trinity Village Care Centre, 2000 CanLII 13244

R. R. Montague

Patrick Kelly

J. A. Ronson

Board issues certification certificate, rejecting intervenor's request to postpone pending external litigation.

The applicant union applied for certification to represent office and clerical employees at the responding party hospital.

The intervenor union requested a postponement of the certificate issuance pending a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

The Board declined to postpone, noting that previous panels had already rejected similar arguments and that section 10 of the Labour Relations Act, 1995 mandates certification when more than 50 percent of ballots are cast in favour of the applicant.

As the representation vote resulted in more than 50 percent in favour of the applicant, the Board ordered a certificate to issue.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Hanover and District Hospital, 2000 CanLII 13246

R. R. Montague

Laura Trachuk

J. A. Ronson