J. A. Ronson

H. Peacock

Brian McLean

OLRBOntario Labour Relations BoardApr 12, 2000

Union certified as bargaining agent for registered practical nurses following successful representation vote.

The Ontario Nurses' Association applied for certification as the bargaining agent for registered practical nurses employed by Valley Manor Inc. 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.

A certificate was ordered to issue for the agreed-upon bargaining unit.

Ontario Nurses’ Association v. Valley Manor Inc., 2000 CanLII 6032

J. A. Ronson

H. Peacock

Brian McLean

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 50% of the ballots were cast 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 this bargaining unit.

Canadian Union of Public Employees v. Blackadar Continuing Care Centre Inc., 2000 CanLII 3171

J. A. Ronson

H. Peacock

Brian McLean

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

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

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

Finding that the applicant appeared to have the requisite membership support of at least forty percent in the proposed bargaining unit, the Board directed that a representation vote be taken.

Canadian Union of Public Employees v. Alfred & District Ambulance Service, 2000 CanLII 9570

J. A. Ronson

H. Peacock

Brian McLean

Representation vote directed for ambulance service employees in union certification application.

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

The Board found that the applicant is a trade union under the Labour Relations Act, 1995 and that the proposed bargaining unit is appropriate.

Based on the membership evidence filed, the Board directed that a representation vote be taken.

The employer filed a notice under section 8.1 of the Act disagreeing with the estimated number of employees, but agreed the ballots should be counted following the vote.

Canadian Union of Public Employees v. Alexandria & District Ambulance Service, 2000 CanLII 9626

J. A. Ronson

H. Peacock

Brian McLean

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 at the time the application was made.

The Board directed that a representation vote be taken.

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., 2000 CanLII 10500

J. A. Ronson

H. Peacock

Brian McLean

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 cast were in favour of the applicant.

No statement of desire to make representations was filed within the required time.

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

Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 v. 564163 Ontario Limited c.o.b. as Studio Four Tavern, 2000 CanLII 10496

J. A. Ronson

H. Peacock

Brian McLean

Representation vote ordered in certification application as union demonstrated requisite 40 percent membership support.

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

The Board found that the applicant is a trade union under the Labour Relations Act, 1995 and that at least 40 percent of the individuals in the proposed bargaining unit were members of the union.

The Board ordered a representation vote to be held.

Although the employer disagreed with the union's estimate of the number of employees and the proposed bargaining unit, the union had sufficient support even under the employer's estimate, so the ballot box was not ordered sealed.

Christian Labour Association of Canada v. Waltron Limited, 2000 CanLII 7958

Patrick Kelly

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardApr 10, 2000

Union certified as bargaining agent following a 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 per cent of the ballots were cast in favour of the union, and with no outstanding statements of desire to make representations, the Ontario Labour Relations Board certified the union.

A certificate was ordered to issue for the agreed-upon bargaining unit.

Ontario Public Service Employees Union v. The Valley and District Association for Community Living, 2000 CanLII 3441

Mr. Wray

2 cases1991–2000

Laura Trachuk

OLRB0 cases1993–2001

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardApr 7, 2000

Board declines to halt ballot counting in certification votes despite pending contempt motion.

The CAW applied for certification to represent employees at numerous healthcare and service employers, displacing the incumbent SEIU.

The Board ordered representation votes.

The SEIU requested that the Board halt the proceedings and not count the ballots because it had a contempt motion before the Court alleging impropriety in the CAW's access to employees during the organizing campaign.

The Board dismissed the request, noting its exclusive jurisdiction over certification and its focus on employees' wishes during the open period.

The Board directed that the ballots be counted.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. South Huron Hospital, 2000 CanLII 11250

Patrick Kelly

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardApr 7, 2000

Board reconsidered its decision to amend the bargaining unit description to reflect the parties' agreement.

The applicant union applied for certification.

The Board issued a certificate on March 31, 2000, but the bargaining unit description did not accurately reflect the agreement of the parties.

The Board reconsidered its decision and amended the bargaining unit description to include the specific address and exclude the night auditor, as agreed by the parties.

An amended certificate was ordered to be issued.

United Brotherhood of Retail, Food, Industrial and Service Trades International Union v. Quality Inn, 2000 CanLII 11990

Patrick Kelly

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardApr 7, 2000

Board reconsiders certification decision to amend bargaining unit description as agreed by the parties.

The applicant union sought reconsideration of a certification decision to amend the bargaining unit description.

The Board reconsidered its previous decision and substituted the bargaining unit description agreed upon by the parties, which included a specific address and excluded the night auditor.

An amended certificate was ordered to be issued.

United Brotherhood of Retail, Food, Industrial and Service Trades International Union v. Quality Inn, 2000 CanLII 11991

Timothy W. Sargeant

J. A. Ronson

H. Peacock

Board directs representation vote in timely application for termination of union's bargaining rights.

The applicant employee applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The union failed to file a response within the stipulated time.

Finding the application timely and that at least forty percent of the employees in the bargaining unit expressed a wish not to be represented by the union, the Board directed that a representation vote be taken.

Mark Tough v. Ontario Public Service Employees Union, 2000 CanLII 4800

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

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

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 application would be deemed terminated if neither party requested to proceed.

Communications, Energy and Paperworkers Union Local 87-M Southern Ontario Newspaper Guild v. Brabant Newspapers, A Division of Southam Inc., 2000 CanLII 2451

Timothy W. Sargeant

J. A. Ronson

H. Peacock

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

The applicant trade union filed an application for certification.

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

The Ontario Labour Relations Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

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

United Food and Commercial Workers International Union, Local 175 v. Loyal Order of Moose Lodge 844, 2000 CanLII 8511

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

Communications, Energy and Paperworkers Union of Canada, Local 87-M Southern Ontario Newspaper Guild v. Brabant Newspapers, A Division of Southam Inc., Flamborough Review Inc. and Southam Inc., 2000 CanLII 2902

J. A. Ronson

D. A. Patterson

Brian McLean

OLRBOntario Labour Relations BoardApr 5, 2000

Leave granted to withdraw applications following filing of Minutes of Settlement.

The applicant union sought leave to withdraw its applications against the responding parties.

Having regard to the Minutes of Settlement filed, the Ontario Labour Relations Board granted leave to withdraw the applications.

United Food and Commercial Workers International Union v. Belpak Foods, 2000 CanLII 6322

R. R. Montague

Patrick Kelly

J. A. Ronson

OLRBOntario Labour Relations BoardApr 5, 2000

Union certification granted following a successful representation vote by employees.

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

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 Board ordered that a certificate issue to the applicant.

The Board also defined the appropriate bargaining unit based on the agreement of the parties.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Cyrville Chrysler Ltd., 2000 CanLII 7553

Patrick Kelly

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardApr 4, 2000

Representation vote ordered in displacement certification application, but ballot box sealed pending hearing on injunction.

The applicant union filed a displacement application for certification.

The Board found the application timely under section 67(2) of the Labour Relations Act, 1995, as it was filed before the expiry of the collective agreement, despite the prior appointment of a conciliation officer.

Finding sufficient membership support, the Board ordered a representation vote.

However, due to an outstanding Superior Court injunction raised by the intervenor, the Board directed that the ballot box be sealed pending a hearing on whether the injunction affects the Board's process.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Victoria Place, 2000 CanLII 9634

R. R. Montague

Laura Trachuk

OLRB0 cases1993–2001

J. A. Ronson