J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardNov 20, 2000

Anthony Brown

OLRB0 cases2000–2001

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 directed that a certificate issue to the applicant for the agreed-upon bargaining unit.

International Union of Operating Engineers, Local 793 v. Cornwall Gravel Company Limited, 2000 CanLII 10749

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardNov 20, 2000

Anthony Brown

OLRB0 cases2000–2001

Union certified as bargaining agent following 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 certified the applicant as the bargaining agent for the agreed-upon bargaining unit of employees at the responding party's Apple Hill Quarry.

International Union of Operating Engineers, Local 793 v. Cornwall Gravel Company Limited, 2000 CanLII 8363

J. A. Rundle

H. Peacock

David A. McKee

OLRB0 cases1999–2001

Board directs representation vote in displacement application for union certification.

The applicant trade 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 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 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. Diversicare Management Services Inc., 2000 CanLII 8727

J. A. Rundle

H. Peacock

Gail Misra

Union certification granted after majority support in representation vote.

The applicant union applied for certification to represent a bargaining unit of employees of the responding party.

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 found the bargaining unit appropriate and ordered that a certificate issue to the applicant.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Hallmark Housekeeping Services Inc., 2000 CanLII 7560

R. R. Montague

Patrick Kelly

OLRB0 cases1999–2019

J. A. Rundle

Application adjourned sine die on consent for up to one year.

The applicant union and responding employer agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting the matter would be deemed terminated if neither party requested to proceed within that time.

Canadian Union of Public Employees v. Ottawa Regional Hospital Linen Services Inc., 2000 CanLII 7520

J. A. Rundle

H. Peacock

David McKee

OLRB0 cases1999–2001

Certification application found timely under PSLRTA; representation vote ordered for hospital employees.

The applicant trade union applied for certification to represent employees at a successor hospital.

The Board found the application timely under section 28(2) of the Public Sector Labour Relations Transition Act, as it was filed within the 10-day window following a restructuring request.

Finding that the union had the requisite 40% membership support, the Board ordered a representation vote for an all-employee voting constituency, leaving disputes over specific exclusions to be resolved later.

Ontario Public Service Employees Union v. St. Joseph’s Hospital, 2000 CanLII 10069

Patrick Kelly

OLRB0 cases1999–2019

J. A. Rundle

H. Peacock

Application withdrawn following an agreement between the parties.

The applicant filed an application against the responding party.

Having regard to the agreement of the parties dated November 8, 2000, the Ontario Labour Relations Board ordered the matter withdrawn.

Daniel S. Touseant v. Biloski Contractors, 2000 CanLII 9746

Patrick Kelly

OLRB0 cases1999–2019

J. A. Rundle

H. Peacock

Application adjourned sine die for up to one year on consent of the parties.

The applicant filed an application against the responding party union.

On the agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year.

If neither party requests to proceed within that time, the application will be deemed terminated.

Michael L’Estrange v. Bakery, Confectionery and Tobacco Workers International Union Local 264, 2000 CanLII 2701

J. A. Rundle

H. Peacock

Gail Misra

Union certified as bargaining agent following 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 certified the applicant as the bargaining agent for the agreed-upon bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. WOCO Automotive Inc., 2000 CanLII 8570

J. A. Rundle

H. Peacock

Gail Misra

Board ordered sealed ballot boxes in displacement applications to be opened and counted.

The applicant trade union requested that the sealed ballot boxes in several displacement applications be opened and counted, following a recent Board decision in related files.

The responding parties and intervenor either agreed or took no position.

The Board directed a Labour Relations Officer to meet with the parties to open the ballot boxes and count the ballots.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. St. Joseph’s Care Group (Part Time Service), 2000 CanLII 7067

J. A. Rundle

H. Peacock

Gail Misra

Representation vote directed in certification application pending determination of trade union status.

The applicant union filed an application for certification.

The Board found that the applicant had not yet established its trade union status under the Labour Relations Act, 1995, and would be required to make submissions on this issue.

However, based on the agreement of the parties regarding the appropriate bargaining unit and the appearance of sufficient membership support, the Board directed that a representation vote be taken among the employees in the voting constituency.

Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, Local 264 v. Weston Bakeries Limited, 2000 CanLII 10316

J. A. Rundle

H. Peacock

Gail Misra

Application withdrawn with leave of the Board following settlement.

The applicant union sought to withdraw its application following a settlement reached between the parties on November 9, 2000.

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

Canadian Union of Public Employees and its Local 4232 v. Anduhyaun Inc. and Catherine Brooks, 2000 CanLII 6652

J. A. Rundle

H. Peacock

Gail Misra

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

The applicant union applied for certification as the bargaining agent for the employees of the responding party.

A representation vote was held, and not more than fifty percent of the ballots were cast in favour of the applicant.

No statement of desire to make representations was filed.

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

Teamsters Local Union No. 419 v. Victoriaville Funeral Supplies Inc., 2000 CanLII 10910

J. A. Rundle

H. Peacock

Gail Misra

Application adjourned sine die on consent of the parties.

The parties agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if neither party requests to proceed.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 195 v. Windsor Match Plate & Tool Limited, 2000 CanLII 9712

J. A. Rundle

H. Peacock

Gail Misra

Representation vote directed for proposed bargaining unit of nurses; ballots sealed pending further decision.

The applicant trade union filed an application for certification to represent a bargaining unit of registered and graduate nurses at the responding party hospital.

The Board found that the applicant is a trade union and that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed a representation vote to be held.

Due to a dispute over the inclusion of several positions, individuals in those positions were permitted to cast segregated ballots.

The ballots were ordered sealed pending a further decision, as an intervenor union had also filed a certification application on the same day.

Ontario Nurses’ Association v. St. Joseph’s Hospital, 2000 CanLII 10291

J. A. Rundle

H. Peacock

Gail Misra

Representation vote ordered and ballots to be counted despite employer's section 8.1 notice.

The applicant trade union applied for certification.

The responding party agreed with the bargaining unit description but disputed the applicant's estimate of the number of employees, giving notice under section 8.1 of the Labour Relations Act, 1995.

The Board found the numerical difference was not significant and that the applicant had established sufficient membership support.

The Board ordered a representation vote to be taken and counted.

One Board Member dissented, arguing that section 8.1(4) required the ballot box to be sealed.

Communications, Energy and Paperworkers Union of Canada v. Union Energy, 2000 CanLII 10560

J. A. Rundle

H. Peacock

Gail Misra

Representation vote ordered in certification application after union established sufficient membership support.

The applicant trade union filed an application for certification.

The Board found that the applicant established sufficient membership support in the agreed-upon bargaining unit to warrant a representation vote.

The Board ordered a representation vote to be held on November 21, 2000, for all eligible employees in the voting constituency.

Communications, Energy and Paperworkers Union of Canada v. ELC Electronic Language Communications Ltd., 2000 CanLII 11246

J. A. Rundle

H. Peacock

Gail Misra

Board directs representation vote for proposed bargaining unit after finding sufficient membership support.

The applicant trade union applied for certification.

The Board found that the applicant established sufficient membership support in its proposed bargaining unit (not less than 40%) to obtain a representation vote.

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

Christian Labour Association of Canada v. Durham Region Attendant Care, 2000 CanLII 6294

J. A. Rundle

H. Peacock

Gail Misra