J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardOct 1, 2001

Representation vote directed and ballots ordered counted where employer failed to dispute employee estimate.

The applicant trade union applied for certification.

The responding party employer gave notice under section 8.1 of the Labour Relations Act, 1995, contending that the proposed bargaining unit was not appropriate.

However, the employer did not dispute the union's estimate of the number of employees in the unit.

The Board directed a representation vote and ordered that the ballots be counted, deferring the determination of the appropriate bargaining unit to a post-vote hearing if necessary.

A dissenting Board member would have ordered the ballot box sealed pursuant to section 8.1(4) of the Act.

International Union of Operating Engineers Local 772 v. Baycoat, 2001 CanLII 11689

Laura Trachuk

OLRB0 cases1993–2001

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardOct 1, 2001

Representation vote directed in displacement application for certification of healthcare workers.

The applicant trade union filed a displacement application for certification to represent a bargaining unit of healthcare workers 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 that the numerical difference between the parties was not significant and that the applicant established sufficient membership support to obtain a representation vote.

The Board directed that a representation vote be taken.

The Professional Institute of the Public Service of Canada v. Cancer Care Ontario, Ottawa Regional Cancer Centre, 2001 CanLII 18992

R. R. Montague

J. A. Ronson

Bram Herlich

Application for certification dismissed after union failed to win majority in representation vote.

The applicant union applied for certification.

A representation vote was held, but not more than 50% of the ballots cast by employees in the bargaining unit were in favour of the applicant.

As no statement of desire to make representations was filed, the Ontario Labour Relations Board dismissed the application for certification and directed the parties' attention to the potential bar on subsequent applications under section 10(3) of the Act.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. The Industrial & Commercial Cleaning Co. of Canada Ltd., 2001 CanLII 8913

R. R. Montague

J. A. Ronson

Bram Herlich

Union decertified following a representation vote where a majority opposed the union.

The applicant applied to decertify the responding party union.

Following a representation vote where more than fifty percent of the ballots cast were in opposition to the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor hospital.

Christine Barnett v. Canadian Union of Public Employees (CUPE), 2001 CanLII 19165

R. R. Montague

J. A. Ronson

Bram Herlich

Application withdrawn by leave of the Board.

The applicant union sought to withdraw its application.

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

Hotel Employees Restaurant Employees Union, Local 75 v. 1109696 Ontario Ltd., 2001 CanLII 6986

R. R. Montague

J. A. Ronson

Bram Herlich

Board granted joint application for early termination of collective agreement.

The applicant employer and respondent union filed a joint application for the Board's consent to the early termination of their collective agreement.

Notice of the application was posted, and no objections were filed by any affected employees.

The Board granted consent to the early termination, noting that the current agreement would expire on November 4, 2001, and a newly ratified agreement would take effect on November 5, 2001.

Loeb Canada Inc c/o as Loeb Four Corners v. Northern Ontario Joint Council of the Retail Wholesale and Department Store Union, 2001 CanLII 17443

R. R. Montague

J. A. Ronson

Bram Herlich

Intervenor granted conditional leave to withdraw its intervention absent objections from other parties.

The intervenor, United Food and Commercial Workers International Union, Local 175, requested leave to withdraw its intervention in the proceeding.

The Ontario Labour Relations Board granted the request, noting that the intervention would be deemed withdrawn by leave of the Board unless any other party submitted objections within two weeks.

Christian Labour Association of Canada v. Woods Park Care Centre, 2001 CanLII 14790

R. R. Montague

J. A. Ronson

Bram Herlich

Union certification granted for hospital service employees following a successful representation vote.

The applicant union applied for certification to represent a bargaining unit of service employees at Brockville General Hospital.

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 granted certification and ordered a certificate to issue.

Canadian Union of Public Employees v. Brockville General Hospital, 2001 CanLII 17483

R. R. Montague

J. A. Ronson

Bram Herlich

Union certification granted for hospital maintenance staff following successful representation vote.

The applicant union applied for certification to represent a bargaining unit of maintenance staff at York Central Hospital.

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 ordered that a certificate issue to the applicant.

Christian Labour Association of Canada v. York Central Hospital, 2001 CanLII 12546

R. R. Montague

J. A. Ronson

Bram Herlich

Union certification granted following successful representation vote.

The applicant union applied for certification.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Alfresh Beverages Canada Corp, 2001 CanLII 16744

R. R. Montague

J. A. Ronson

Bram Herlich

Board lists unfair labour practice and certification applications together but denies request to seal ballot box.

The applicant union filed an application under section 96 of the Labour Relations Act, 1995, alleging unfair labour practices and indicating an intent to rely on section 11 for its certification application.

The union requested that the section 96 application be consolidated with the certification application and that the ballot box from the upcoming representation vote be sealed.

The Board directed that the matters be listed to be heard together but denied the request to seal the ballot box, finding no pressing reason to do so.

General Workers Union of Canada v. Source Medical Corporation C.R.D.C., 2001 CanLII 4728

Laura Trachuk

OLRB0 cases1993–2001

J. A. Ronson

H. Peacock

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

Teamsters Local Union No. 230 v. Sure-Way Metal Products Limited, 2001 CanLII 7343

J. A. Ronson

H. Peacock

Bram Herlich

OLRBOntario Labour Relations BoardSep 27, 2001

Board directs representation vote in application for certification with segregated ballots for disputed positions.

The applicant trade union filed an application for certification.

The Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, 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, with segregated ballots for disputed positions including maintenance, truck drivers, group leaders, and distribution coordinators.

General Workers Union of Canada v. Source Medical Corporation C.R.D.C., 2001 CanLII 18701

Marilyn Silverman

OLRB0 cases2000–2001

J. A. Ronson

H. Peacock

Board directs representation vote for transit employees following parties' Memorandum of Settlement.

The applicant union filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

Following a Memorandum of Settlement between the parties, the Ontario Labour Relations Board directed a representation vote for employees of the Ajax/Pickering Transit Authority to determine whether they wish to be represented by the applicant or the intervenor union.

Canadian Union of Public Employees, Local 129 v. Corporation of the City of Pickering, 2001 CanLII 8241

Timothy W. Sargeant

J. A. Ronson

H. Peacock

Representation vote ordered in union's application for certification of car rental employees.

The applicant union applied for certification to represent employees of National Car Rental (Canada) Inc. at a specific Toronto location.

The Board found the applicant to be a trade union under the Labour Relations Act, 1995, based on a previous Registrar's certificate.

Having found that not less than forty percent of the individuals in the agreed-upon bargaining unit were members of the union, the Board directed that a representation vote be taken.

United Food and Commercial Workers International Union Local 175 v. National Car Rental (Canada) Inc., 2001 CanLII 20880

Timothy W. Sargeant

J. A. Ronson

H. Peacock

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application.

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

Paul Barber v. Maintenance Construction Skilled Trades Council (MCSTC), 2001 CanLII 7246

Timothy W. Sargeant

J. A. Ronson

H. Peacock

Applications withdrawn with leave of the Board.

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

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

Ontario Public Service Employees Union v. Gamma - Dynacare Medical Laboratories, 2001 CanLII 4656

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 employer failed to file a response within the stipulated time.

Based on the application and membership evidence, the Board found 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.

Shopmen’s Local Union No. 834 of the International Association of Bridge, Structural and Ornamental Iron Workers v. Lambton Metal Works Ltd., 2001 CanLII 20881

Timothy W. Sargeant

J. A. Ronson

H. Peacock