J. A. Rundle

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardApr 19, 2001

Representation vote ordered and ballot box sealed in certification application amid bargaining unit dispute.

The applicant trade union filed an application for certification.

The responding party argued that a prior application had not been finally disposed of and that this application should be barred.

The Board noted that the prior application was withdrawn without conditions on the same day.

The Board found that the applicant's proposed bargaining unit could be appropriate, but due to a dispute over the number of employees and the bargaining unit description, the Board directed that a representation vote be taken and the ballot box be sealed pending further order or agreement.

Canadian Union of Public Employees v. Ryerson Polytechnic University, 2001 CanLII 8270

Patrick Kelly

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardApr 18, 2001

Union certification granted following successful representation vote at child care centre.

The applicant union applied for certification to represent employees of the responding child care centre.

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.

Canadian Union of Public Employees v. Mother of Compassion Child Care Centre, 2001 CanLII 12889

Patrick Kelly

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardApr 18, 2001

Union decertified following representation vote where majority opposed the union.

The applicant applied to terminate the bargaining rights of 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to the union, and with no statements of desire to make representations filed, the Board declared that the union no longer represents the employees of the intervenor employer.

James Taylor v. International Union of Operating Engineers, Local 793, 2001 CanLII 16254

Patrick Kelly

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardApr 18, 2001

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 cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application for certification.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. D.B.S. Services Inc., 2001 CanLII 9109

Patrick Kelly

J. A. Rundle

D. A. Patterson

Representation vote ordered in certification application with ballot box sealed pending employer's reconsideration request.

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 applicant established sufficient membership support for a representation vote.

The Board directed a representation vote and ordered the ballot box sealed pending the responding party's intended request for reconsideration of a previous Board decision allowing the withdrawal of a prior certification application without a bar under section 7(9).

Board Member Rundle dissented, stating the ballot box should also be sealed under section 8.1(4) due to the dispute over the number of individuals in the unit.

Industrial Wood & Allied Workers of Canada (I.W.A. Canada) v. Cashway Building Centres Ltd., 2001 CanLII 12210

Patrick Kelly

J. A. Rundle

D. A. Patterson

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.

Based on the application material and membership evidence, the Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

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

Canadian Union of Public Employees v. Umbrella Family Childcare Center, 2001 CanLII 17304

Patrick Kelly

J. A. Rundle

D. A. Patterson

Representation vote ordered in application for termination of bargaining rights.

The applicant filed an application under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party trade union no longer represents the employees in the bargaining unit.

The Board found the application to be timely under section 63(2) of the Act.

As it appeared that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union, the Board directed that a representation vote be taken.

Brian Skomash v. National Automobile, Aerospace, Transportation and General Workers Union of Canada, (C.A.W. – Canada) and its Local 195, 2001 CanLII 3824

Patrick Kelly

J. A. Rundle

D. A. Patterson

Representation vote directed in certification application despite employer's section 8.1 notice disputing employee estimate.

The applicant trade union filed an application 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 majority of the Board found that the applicant established sufficient membership support and directed a representation vote, noting that the numerical difference between the parties was not significant.

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

Industrial Wood & Allied Workers of Canada (I.W.A. Canada Local 700) v. Uniform Countertops Inc., 2001 CanLII 11162

Patrick Kelly

J. A. Rundle

D. A. Patterson

Board directs representation vote in displacement application for certification.

The applicant trade union filed a displacement application for certification.

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

Based on the application and membership evidence, the Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken to determine whether the employees wish to be represented by the applicant or the intervenor.

Industrial Wood & Allied Workers of Canada, (I.W.A. Canada) v. Erie Flooring and Wood Products, 2001 CanLII 14787

Patrick Kelly

J. A. Rundle

D. A. Patterson

Representation vote ordered in displacement application for certification.

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

The Ontario Labour Relations Board found that the applicant appeared to have the requisite membership support of not less than forty per cent of the individuals in the proposed bargaining unit.

The Board directed that a representation vote be taken to determine whether the employees wish to be represented by the applicant or the intervenor.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Tilbury Manor Nursing Home, 2001 CanLII 958

Patrick Kelly

J. A. Rundle

D. A. Patterson

Representation vote directed in displacement application for certification at nursing home.

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

The Ontario Labour Relations Board found that the applicant is a trade union under the Labour Relations Act, 1995, and that it appeared to have the requisite membership support of not less than forty per cent of the proposed bargaining unit.

The Board directed that a representation vote be taken among the eligible employees to determine whether they wish to be represented by the applicant or the intervenor.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Tilbury Manor Nursing Home, 2001 CanLII 21121

Patrick Kelly

J. A. Rundle

D. A. Patterson

Representation vote directed in displacement application for union certification.

The applicant union filed a displacement application for certification to represent employees of the responding party, who were currently represented by the intervenor union.

The Ontario Labour Relations Board found that the applicant is a trade union and that it appeared to have the requisite membership support of not less than forty percent of the individuals in the proposed bargaining unit.

The Board directed that a representation vote be taken to determine whether the employees wish to be represented by the applicant or the intervenor.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Union Cleaners Limited, 2001 CanLII 21120

J. A. Rundle

H. Peacock

Brian McLean

OLRBOntario Labour Relations BoardApr 12, 2001

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 leave and the application was withdrawn.

International Brotherhood of Electrical Workers, Local 894 v. 970359 Ontario Ltd., 2001 CanLII 3879

R. R. Montague

J. A. Rundle

Brian McLean

OLRBOntario Labour Relations BoardApr 12, 2001

Union decertified following a representation vote where a majority of employees voted in opposition.

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

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the Sexual Assault Crisis Centre of Windsor Essex County.

Joy Buckwheat v. Service Employees’ International Union, Local 210, 2001 CanLII 17464

R. R. Montague

J. A. Rundle

Brian McLean

OLRBOntario Labour Relations BoardApr 12, 2001

Union certification granted for part-time taxi dispatchers following a successful representation vote.

The applicant union applied for certification to represent part-time order takers and dispatch system operators employed by the responding party.

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 ordered that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Associated Toronto Taxi-Cab Co-operative Limited, 2001 CanLII 2719

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardApr 6, 2001

David A. McKee

OLRB0 cases1999–2001

Union certification granted following a successful representation vote and withdrawal of intervenor objections.

The applicant union applied for certification to represent part-time employees and students at the responding party's retirement home.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, and the intervenor withdrawing its allegations of untimeliness, the Board issued a final decision without a hearing.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Caressant Care Nursing and Retirement Homes Limited, 2001 CanLII 6092

J. A. Rundle

H. Peacock

Brian McLean

OLRBOntario Labour Relations BoardApr 6, 2001

Union certified as bargaining agent following 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 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 found the bargaining unit appropriate.

The Board ordered that a certificate issue to the applicant union and cancelled previously set meeting and hearing dates.

United Brotherhood of Retail, Food, Industrial and Service Trades International Union v. Best Western Sunset Inn, 2001 CanLII 7771

Patrick Kelly

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardDec 22, 2000

Representation vote directed in application to terminate union's bargaining rights.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party union no longer represents the employees in the bargaining unit.

The Board found the application to be timely under section 63(2) and determined that at least forty per cent of the employees had expressed a wish not to be represented by the union.

Consequently, the Board directed that a representation vote be taken among the eligible employees.

Karl Palubeskie v. The Canadian Union of Public Employees and its Local 2484-21, 2000 CanLII 9376

Rob Turk

1 case2000–2000

Mark Stone

12 cases1997–2013

Dan Robichaud

2 cases2000–2000

Patrick Kelly

J. A. Rundle

H. Peacock