J. A. Rundle

J. A. Rundle

OLRBOntario Labour Relations BoardDec 21, 2000

Harry Freedman

OLRB0 cases1984–2001

Hearing adjourned and referred to a new panel after documents were inadvertently provided to the adjudicators.

The application was scheduled for a hearing before the Ontario Labour Relations Board.

Prior to the hearing, certain documents were inadvertently provided to the panel without the knowledge of the parties or the Registrar.

Due to concerns about the panel being tainted by these documents, the parties agreed to adjourn the hearing.

The Board removed and destroyed the documents from the file and referred the matter to the Registrar to be scheduled before a different panel.

Sherri Maynard v. International Association of Machinists and Aerospace Workers Local 1295, 2000 CanLII 1524

Mary Ellen Cummings

OLRB0 cases1991–2009

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardDec 18, 2000

Board ordered sealed ballots counted in representation vote despite pending unfair labour practice allegations.

In an application for certification, a representation vote was held and the ballot box was sealed due to an employee's allegations that the employer required her to sign a union membership card as a condition of employment.

The applicant, employer, and an intervening union all requested that the ballots be counted, suggesting it might bring the matter to a speedy end.

The Board directed that the ballots be counted to advance the matter and shorten the period of workplace disruption.

United Food and Commercial Workers International Union, Local 333 v. Leisure World Inc., 2000 CanLII 9365

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardDec 15, 2000

David A. McKee

OLRB0 cases1999–2001

Reconsideration application adjourned sine die; timeliness issue deferred to future hearing.

The applicant sought reconsideration of a prior Board decision.

An intervenor requested reconsideration of the Board's finding that the application was timely.

The Board adjourned the application sine die and varied its prior decision to state that the timeliness issue may be addressed when the matter comes on for hearing, noting that 'days' means calendar days and referencing the Interpretation Act.

Ontario Public Service Employees Union v. St. Joseph’s Hospital, 2000 CanLII 6220

Mary Ellen Cummings

OLRB0 cases1991–2009

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardDec 15, 2000

Board postponed consideration of subsequent certification applications pending final decision on the original application.

Two unions filed subsequent applications for certification to represent the same employees who were already subject to an earlier certification application by another union.

A representation vote had already been taken.

Pursuant to section 111(3) of the Labour Relations Act, 1995, the Board exercised its discretion to postpone consideration of the subsequent applications until a final decision was issued on the original application.

Canadian Health Care Workers v. Leisureworld Inc., 2000 CanLII 7904

R. R. Montague

Laura Trachuk

J. A. Rundle

Application withdrawn with leave of the Board.

The applicant, Ontario Nurses' Association, sought to withdraw its application against the responding party, Royal Ottawa Health Care Group.

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

Ontario Nurses’ Association v. Royal Ottawa Health Care Group/Services de Santé Royal Ottawa, 2000 CanLII 9721

R. R. Montague

Laura Trachuk

J. A. Rundle

Union certification granted following successful representation vote.

The applicant union applied for certification to represent office and clerical employees of the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

Canadian Union of Public Employees v. Cancer Care Ontario, Northeastern Ontario Regional Cancer Centre, 2000 CanLII 10231

R. R. Montague

Laura Trachuk

J. A. Rundle

Union certification application dismissed after failing to secure majority support 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.

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

Canadian Union of Public Employees v. Cambridge Association for the Mentally Handicapped, 2000 CanLII 9759

R. R. Montague

Laura Trachuk

J. A. Rundle

Union certification granted following a successful representation vote by hotel employees.

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

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.

The previously scheduled hearing dates were cancelled.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. WHWW Hotel (Riverside) Company, 2000 CanLII 10208

J. A. Rundle

D. A. Patterson

Caroline Rowan

Deadline for filing responding material extended to December 15, 2000.

The Ontario Labour Relations Board granted a request by counsel for the Service Employees International Union, Local 204, to extend the deadline for filing its responding material to December 15, 2000.

Service Employees International Union, Local 268 v. Algoma District Services Administration Board, 2000 CanLII 6795

J. A. Rundle

H. Peacock

Caroline Rowan

Board amended previous decision to direct sealing of ballot box pending hearing on bargaining unit composition.

The Board amended paragraph 11 of its December 8, 2000 decision regarding a displacement application.

The responding party objected to the exclusion of full-time employees from the part-time bargaining unit, arguing for a single unit of full and part-time employees.

The Board directed that the ballot box be sealed and that the applications be listed together for a hearing to address the bargaining unit issue.

National Automobile, Aerospace, Transportation & General Workers’ Union of Canada (CAW-Canada) v. The Regional Municipality of Waterloo Sunnyside Home (Part Time), 2000 CanLII 9667

J. A. Rundle

H. Peacock

Caroline Rowan

Board amended prior decision to order sealing of ballot box pending hearing on bargaining unit composition.

The Ontario Labour Relations Board issued a decision amending paragraph 10 of its December 8, 2000 decision in a union certification application.

Pursuant to section 114(1) of the Labour Relations Act, 1995, the Board directed that the ballot box be sealed until further direction or agreement of the parties, as the responding party objected to the proposed exclusion of part-time employees from the bargaining unit.

The application was ordered to be listed together with a related file for a hearing to address the issue of whether there should be a single unit of full and part-time employees.

National Automobile, Aerospace, Transportation & General Workers’ Union of Canada (CAW-Canada) v. The Regional Municipality of Waterloo Sunnyside Home (Full Time), 2000 CanLII 9821

J. A. Rundle

D. A. Patterson

Caroline Rowan

Representation vote directed for proposed unit of volunteer firefighters with ballot box sealed pending status disputes.

The applicant trade union applied for certification to represent a bargaining unit of volunteer firefighters employed by the responding party municipality.

The responding party disputed the applicant's estimate of the number of employees in the proposed unit and gave notice under section 8.1 of the Labour Relations Act, 1995, arguing that none of the individuals met the definition of 'volunteer firefighter' under the Fire Protection and Prevention Act, 1997.

The Board found the proposed unit could be appropriate and directed a representation vote, ordering that the ballot box be sealed until the disputes regarding the bargaining unit description and employee status are resolved.

IWA - Canada v. Corporation of the Town of Hawkesbury, 2000 CanLII 6509

J. A. Rundle

D. A. Patterson

Caroline Rowan

Board directed compliance with a prior document production order but declined to halt employer consultations.

The applicants sought a declaration of a sale of business from the responding health care group to a children's hospital.

In this interlocutory decision, the applicants requested that the Board direct the responding parties to comply with a previous document production order and to stop planned consultations with staff until compliance.

The Board directed compliance with the production order by December 18, 2000, but declined to order a stop to the consultations in the context of the sale of business applications.

Canadian Union of Public Employees, Local 942 v. Royal Ottawa Health Care Group/Service de Santé Royal Ottawa, 2000 CanLII 9277

J. A. Rundle

H. Peacock

Caroline Rowan

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.

The Ontario Labour Relations Board found that the applicant appeared to have the requisite forty percent membership support in the proposed bargaining unit.

The Board ordered a representation vote to be held, allowing eligible employees to choose between the applicant and the intervenor.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Versa-Care Limited, Hamilton (Full Time Unit), 2000 CanLII 8053

J. A. Rundle

H. Peacock

Caroline Rowan

Representation vote directed in displacement application for union certification.

The applicant union filed a displacement application for certification.

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 individuals in the proposed bargaining unit.

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

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Versa-Care Limited, Hamilton (Part Time Unit), 2000 CanLII 8017

J. A. Rundle

H. Peacock

Caroline Rowan

Representation vote directed in displacement application for certification of nursing home employees.

The applicant trade union filed a displacement application for certification for a bargaining unit of office and clerical employees at a nursing home, who were currently represented by the intervenor union.

The Ontario Labour Relations Board found that the applicant was a trade union under the Labour Relations Act, 1995, and appeared to have the requisite 40% membership support.

The Board directed that a representation vote be held to allow employees to choose between the applicant and the intervenor.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Central Park Lodges Inc., 2000 CanLII 9098

J. A. Rundle

H. Peacock

Caroline Rowan

Representation vote directed in displacement application for certification of nursing home employees.

The applicant trade union filed a displacement application for certification seeking to represent a bargaining unit of nursing home employees currently represented by the intervenor.

The Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that it appeared to have the requisite membership support of not less than forty percent.

The Board directed that a representation vote be taken among the eligible employees in the voting constituency 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. Central Park Lodges Inc., 2000 CanLII 6359

J. A. Rundle

H. Peacock

Caroline Rowan

Representation vote directed in displacement certification application; ballot box sealed pending bargaining unit dispute resolution.

The applicant union filed a displacement application for certification to represent full-time employees at the responding party's home.

The Board found that the applicant appeared to have the requisite 40% membership support and directed a representation vote.

The intervenor union requested that the application be dismissed or the vote delayed due to alleged unfair practices and breaches of a court order and union constitution, which the Board rejected.

However, because the responding party objected to the exclusion of part-time employees from the proposed bargaining unit, the Board directed that the ballot box be sealed and the matter listed for a hearing to determine the appropriate bargaining unit description.

National Automobile, Aerospace, Transportation & General Workers’ Union of Canada (CAW-Canada) v. The Regional Municipality of Waterloo Sunnyside Home (Full Time), 2000 CanLII 10103

J. A. Rundle

H. Peacock

Caroline Rowan