J. A. Ronson

J. A. Ronson

D. A. Patterson

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

The applicant union applied for certification as the bargaining agent for the 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, and with no representations filed by the parties, the Ontario Labour Relations Board dismissed the application.

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

United Steelworkers of America v. Temspec Inc., 2000 CanLII 6456

Patrick Kelly

J. A. Ronson

D. A. Patterson

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 statements of desire to make representations filed, the Ontario Labour Relations Board issued a certificate to the applicant for the agreed-upon bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Oxford Regional Nursing Home, 2000 CanLII 7129

Patrick Kelly

J. A. Ronson

D. A. Patterson

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification to represent a bargaining unit of employees at Quality Inn in Mississauga.

Following a representation vote where more than 50% 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 ordered that a certificate issue to the applicant.

United Brotherhood of Retail, Food, Industrial and Service Trades International Union v. Quality Inn, 2000 CanLII 7883

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote directed in application for certification with ballots segregated by location.

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 forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed a representation vote to be held, with ballots from two different locations to be segregated and counted separately due to a dispute over the appropriate bargaining unit structure.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Krug Furniture Inc., 2000 CanLII 1906

R. R. Montague

Patrick Kelly

J. A. Ronson

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

The applicant union filed a displacement application for certification.

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

The intervenor union argued that a Superior Court injunction against individuals formerly associated with it prevented the vote or required the ballot box to be sealed.

The Board ordered the representation vote to proceed but directed that the ballot box be sealed pending a hearing on the effect of the injunction.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Merrymount Children’s Centre (Part-time), 2000 CanLII 7776

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote ordered in displacement application; ballot box sealed pending hearing on injunction impact.

The applicant union filed a displacement application for certification.

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

The intervenor union argued that a recent Superior Court injunction against individuals now associated with the applicant should prevent the vote or require the ballot box to be sealed.

The Board ordered the representation vote to proceed but directed that the ballot box be sealed pending a hearing to determine the effect of the Court's order.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Merrymount Children’s Centre (Full-time), 2000 CanLII 6426

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote ordered in certification application; jurisdictional challenge deferred to future hearing.

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 warrant a representation vote.

The responding party disputed the bargaining unit description and raised a jurisdictional challenge, asserting its operations fall under the Canada Labour Code.

The Board directed that a representation vote be taken and deferred the jurisdictional issue to be determined at a future hearing.

I.W.A. Canada, Local 2693 Industrial Wood & Allied Workers of Canada v. Superior Telecom, 2000 CanLII 9282

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote directed in union certification application despite dispute over bargaining unit composition.

The applicant trade union applied for certification.

The responding party disputed the applicant's estimate of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found the proposed bargaining unit could be appropriate and that the applicant established sufficient membership support.

The Board directed a representation vote for the voting constituency, with disputed positions to cast segregated ballots.

Power Workers’ Union, Canadian Union of Public Employees, Local 1000-CLC v. Transalta Energy Corporation, 2000 CanLII 11282

Patrick Kelly

J. A. Ronson

D. A. Patterson

Representation vote ordered in displacement application with ballot box sealed pending hearing on intervenor's objections.

The applicant union filed a displacement application for certification.

The Board found that the applicant appeared to have the requisite membership support and ordered a representation vote.

However, the intervenor raised two issues: first, that the proposed bargaining unit consisted of only one employee, contrary to section 9 of the Labour Relations Act, 1995; and second, that a Superior Court injunction against individuals associated with the applicant precluded the holding of a vote.

The Board directed that the representation vote proceed but ordered the ballot box sealed pending a hearing to address the intervenor's objections.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Cedarwood Village (Full-Time Registered Nurses), 2000 CanLII 8480

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote directed for paramedic employees following union certification application.

The Ontario Public Service Employees Union applied for certification to represent paramedic employees of the Tobermory Ambulance Service.

The Ontario Labour Relations Board found that the applicant is a trade union and that the proposed bargaining unit is appropriate.

Based on the membership evidence filed, the Board directed that a representation vote be taken among the eligible employees in the voting constituency.

Ontario Public Service Employees Union v. The Municipality of Northern Bruce Peninsula c.o.b. as Tobermory Ambulance Service, 2000 CanLII 2966

Patrick Kelly

J. A. Ronson

D. A. Patterson

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

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

The Board found that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board ordered a representation vote.

The intervenor argued that a Superior Court injunction against individuals formerly associated with the intervenor prevented the vote or required the ballot box to be sealed.

The Board ordered the vote to proceed but directed that the ballot box be sealed pending a hearing to consider the effect of the Court's Order.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Cedarwood Village (Part-time Registered Nurses), 2000 CanLII 11082

Patrick Kelly

J. A. Ronson

D. A. Patterson

Board orders representation vote but seals ballot box pending hearing on intervenor's injunction.

The applicant union filed a displacement application for certification.

The Board found sufficient membership support to order a representation vote.

The intervenor union argued that a recent Superior Court injunction against individuals formerly associated with it prevented the vote or required sealing the ballot box.

The Board ordered the vote to proceed but directed that the ballot box be sealed pending a hearing on the effect of the Court's order.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Society of the Sacred Heart of Jesus (c.o.b. as Sacred Heart Villa), 2000 CanLII 11049

Patrick Kelly

J. A. Ronson

D. A. Patterson

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Service Employees International Union, Local 220 v. Communications, Energy and Paperworkers Union of Canada, Local CULR-3, 2000 CanLII 3018

Patrick Kelly

J. A. Ronson

D. A. Patterson

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

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 intervenor union requested that the application be dismissed or the vote delayed due to a Superior Court of Justice injunction against individuals formerly associated with the intervenor.

The Board ordered the representation vote to proceed but directed that the ballot box be sealed pending a hearing to determine the effect of the Court's order.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. The Corporation of the County of Lambton Marshall Gowland Manor (Full-Time), 2000 CanLII 9038

Patrick Kelly

J. A. Ronson

H. Peacock

OLRB0 cases1987–2001

Displacement application for certification dismissed as untimely due to automatic continuation of the collective agreement.

The applicant union filed a displacement application for certification.

The intervenor union raised a preliminary objection that the application was untimely under section 7(6) of the Labour Relations Act, 1995.

The Board found that neither the intervenor nor the responding party had provided notice of termination or proposed revision of their collective agreement, causing it to continue beyond its nominal expiry date of December 31, 1999.

As the application was filed on March 16, 2000, outside the open period, the Board dismissed the application as untimely.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Nordic Gaming Corporation, 2000 CanLII 4825

Patrick Kelly

J. A. Ronson

D. A. Patterson

Representation vote ordered in displacement application; ballot box sealed pending hearing on effect of court injunction.

The applicant union filed a displacement application for certification.

The intervenor requested the application be dismissed under section 7(9) of the Labour Relations Act, 1995, arguing the applicant had recently withdrawn a similar application.

The Board declined to dismiss the application, noting no prejudice was claimed.

The intervenor also argued a representation vote would violate a Superior Court injunction against individuals associated with the applicant.

The Board ordered the representation vote to proceed but directed that the ballot box be sealed pending a hearing on the effect of the injunction.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Brouillette Manor 1230839 Ontario Limited, 2000 CanLII 8271

Patrick Kelly

J. A. Ronson

D. A. Patterson

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

The applicant trade union filed a displacement application for certification.

The Board found that the applicant appeared to have the requisite membership support of at least forty percent of the proposed bargaining unit and ordered a representation vote.

The intervenor union requested that the application be dismissed or the vote delayed due to a Superior Court of Justice injunction against individuals formerly associated with the intervenor.

The Board directed that the vote proceed but ordered the ballot box sealed pending a hearing to determine the impact of the Court's order on the Board's processes.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Cedarwood Village Full-time and Part-Time Service Workers, 2000 CanLII 6823

R. R. Montague

Patrick Kelly

J. A. Ronson

OLRBOntario Labour Relations BoardMar 29, 2000

Representation vote directed in union certification application.

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 the proposed bargaining unit is appropriate.

Based on the membership evidence filed, the Board directed that a representation vote be taken among the eligible employees in the voting constituency.

Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 v. 564163 Ontario Limited c.o.b. as Studio Four Tavern, 2000 CanLII 8534

Denis Ellickson

16 cases1992–2016

David Law

Suspended Administratively11 cases2000–2019

J. A. Ronson

D. A. Patterson