J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardJul 30, 2001

Brian McLean

OLRB0 cases1998–2012

Representation vote ordered in union certification application with ballot box sealed pending status disputes.

The applicant trade union applied for certification to represent a bargaining unit of stationary engineers and operators employed by the responding party.

The Board found that the applicant is a trade union and that it appeared to have the requisite 40 percent membership support to order a representation vote, despite the employer filing revocation letters and raising issues with certain membership cards.

The Board ordered a representation vote but directed that the ballot box be sealed pending resolution of the employer's section 8.1 notice and disputes over the inclusion of certain supervisory positions in the bargaining unit.

International Union of Operating Engineers Local 772 v. Dofasco Inc., 2001 CanLII 4065

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardJul 30, 2001

Brian McLean

OLRB0 cases1998–2012

Representation vote ordered in certification application with ballot box sealed pending bargaining unit dispute resolution.

The applicant union applied for certification to represent certain employees of the Corporation of the Town of Ajax.

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 proposed bargaining unit could be appropriate and ordered a representation vote, directing that the ballot box be sealed until the Board orders otherwise or the parties agree, due to uncertainty regarding whether forty percent of the employees in the bargaining unit were members of the applicant.

Canadian Union of Public Employees v. The Corporation of the Town of Ajax, 2001 CanLII 7335

Mary Anne McKellar

OLRB0 cases1992–2019

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardJul 26, 2001

Application to terminate bargaining rights dismissed due to defective, undated, and unsigned employee evidence.

The applicant applied to terminate the responding party union's bargaining rights.

The Board dismissed the application because the evidence filed did not comply with the statutory and procedural requirements.

Specifically, the signatures were undated, many were printed rather than signed, and the documents did not clearly indicate that the signatories wished to terminate the union's bargaining rights.

The application was dismissed without prejudice to filing a fresh, timely, and properly supported application.

Nino Dos Santos v. United Brotherhood of Retail, Food, Industrial and Service Trades International Union, 2001 CanLII 15336

Stephen Raymond

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardJul 20, 2001

Representation vote ordered in certification application; majority declined to seal ballot box despite employer's notice.

The applicant trade union applied for certification.

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 proposed bargaining unit could be appropriate and that the applicant established sufficient membership support for a representation vote.

The Board directed a representation vote to be taken.

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

United Steelworkers of America v. Iron Mountain Incorporated, 2001 CanLII 11064

Stephen Raymond

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardJul 20, 2001

Certificate issued to applicant union following successful representation vote in displacement application.

The applicant union filed a displacement application for certification for a bargaining unit of maintenance and service employees at the Waterloo Catholic District School Board.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and the resolution of subsequent representations, the Ontario Labour Relations Board issued a certificate to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. The Waterloo Catholic District School Board, 2001 CanLII 4298

Stephen Raymond

J. A. Rundle

D. A. Patterson

Union certified as bargaining agent following a successful representation vote.

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

Following a representation vote in which 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 as the bargaining agent for the agreed-upon bargaining unit.

Previously scheduled meeting and hearing dates were cancelled.

United Steelworkers of America v. Garda Security Group Inc. and Riscon Security Services Ltd., 2001 CanLII 10884

Stephen Raymond

J. A. Rundle

D. A. Patterson

Application withdrawn at the request of the applicant.

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

The Board granted the request and the application was withdrawn.

Canadian Union of Public Employees, Local 3261 v. University of Toronto Press, Inc., 2001 CanLII 7916

Stephen Raymond

J. A. Rundle

H. Peacock

Application withdrawn by agreement of the parties.

The applicant union filed an application against the responding party employer.

Having regard to the agreement of the parties, the Ontario Labour Relations Board ordered the application withdrawn.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Marks Lumber Limited, 2001 CanLII 4345

Stephen Raymond

J. A. Rundle

H. Peacock

Request for reconsideration dismissed following withdrawal.

The Board received a Request for Reconsideration dated July 4, 2001.

By letter dated July 10, 2001, the request was withdrawn.

The Board dismissed the Request for Reconsideration.

United Food and Commercial Workers International Union, Local 175 v. North American Lumber Limited, 2001 CanLII 5513

Stephen Raymond

J. A. Rundle

H. Peacock

Application withdrawn following settlement between the parties.

The applicant, Ecuhome Corporation, filed an application against the Canadian Union of Public Employees.

Having regard to the settlement reached by the parties, the Ontario Labour Relations Board ordered the application withdrawn.

Ecuhome Corporation v. Canadian Union of Public Employees, 2001 CanLII 10124

Stephen Raymond

J. A. Rundle

H. Peacock

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

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 at the time of the application.

The Board ordered a representation vote to be held, with segregated ballots for disputed supervisor positions.

I.W.A. Canada, Local 2693 Industrial Wood & Allied Workers of Canada v. Pineal Lake Lumber, 2001 CanLII 2676

Stephen Raymond

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardJul 18, 2001

Board declares Administration Officer is not an employee under the Act following withdrawal of objection.

The applicant sought a declaration under section 114(2) of the Labour Relations Act, 1995 that the Administration Officer is not an employee under the Act.

The responding party withdrew its objection to the exclusion request.

The Board granted the application and declared that the Administration Officer is not an employee pursuant to the Act.

Social Science Employees Association v. SSEA Staff Union, 2001 CanLII 17159

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardJul 17, 2001

Motion to dismiss application without a hearing for lack of a prima facie case denied.

The responding party applied to have the application dismissed without a hearing, alleging it did not disclose a prima facie case.

The Ontario Labour Relations Board declined to dismiss the application without a hearing, leaving the issue to the panel hearing the matter.

Juan Angel Martinez v. Ridgewood Frame Inc., 2001 CanLII 16789

J. A. Rundle

D. A. Patterson

Anthony Brown

OLRBOntario Labour Relations BoardJul 11, 2001

Representation vote ordered in certification application; ballots to be segregated by location despite employer's section 8.1 notice.

The applicant union applied for certification.

The responding party employer 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 applicant established sufficient membership support to order a representation vote.

The Board directed that the vote be taken and that ballots cast at the two different locations be segregated and counted separately.

The Board also directed that ballots of individuals in disputed positions be segregated.

Board Member Rundle dissented, arguing that section 8.1(4) required the ballot box to be sealed because the employer disagreed with the union's estimate.

United Steelworkers of America v. Alros Products Ltd. carrying of business as Polytarp Products, 2001 CanLII 10401

J. A. Rundle

D. A. Patterson

Anthony Brown

OLRBOntario Labour Relations BoardJul 11, 2001

Representation vote ordered in certification application; ballots from disputed locations to be segregated.

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

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and proposed a different, more inclusive unit.

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

The Board directed that a representation vote be taken, with certain ballots segregated pending resolution of the bargaining unit dispute.

The applicant's request for a mail-in ballot was denied.

A dissenting Board member would have ordered the ballot box sealed pursuant to section 8.1(4) of the Labour Relations Act, 1995.

Public Service Alliance of Canada v. Canadian Corps of Commissionaires – Ottawa Division, 2001 CanLII 11159

Laura Trachuk

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardJul 10, 2001

Union certification granted following a successful representation vote among nursing staff.

The applicant union applied for certification to represent registered and graduate nurses employed by the responding hospital.

Following a representation vote where more than fifty per cent 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.

Ontario Nurses’ Association v. Haldimand War Memorial Hospital, 2001 CanLII 14089

Laura Trachuk

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardJul 10, 2001

Intervenor union declared bargaining agent following a sale of business representation vote.

The applicant union brought an application under section 69 of the Labour Relations Act, 1995 regarding a sale of business from the Midland Public Utilities Commission to the Corporation of the Town of Midland.

Following a Board declaration that a sale of business and intermingling of employees had occurred, a representation vote was held between the applicant and the intervenor union.

The majority of ballots were cast in favour of the intervenor.

The Board declared the intervenor as the bargaining agent for the affected employees.

International Brotherhood of Electrical Workers, Local 636 v. The Corporation of the Town of Midland, 2001 CanLII 13903

Laura Trachuk

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardJul 10, 2001

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

The applicant union filed an application for certification.

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

The employees will continue to be represented by the intervenor union.

Education Support Staff Association (ESSA) v. York Region District School Board, 2001 CanLII 5117

Laura Trachuk

J. A. Rundle

H. Peacock