J. A. Rundle

J. A. Rundle

H. Peacock

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

The applicant filed an application to terminate the responding party union's bargaining rights.

Following a representation vote in which more than fifty per cent of the ballots were cast 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to the union, and with no statements of desire to make representations filed, the Board declared that the union no longer represents the employees of the intervenor employer.

Donna Desautels v. International Brotherhood of Electrical Workers, Local 730, 2000 CanLII 4596

Patrick Kelly

J. A. Rundle

H. Peacock

Application withdrawn at the request of the applicant.

The applicant union requested to withdraw its application against the responding party.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

Union of Needletrades, Industrial and Textile Employees v. Owens Corning Canada, 2000 CanLII 1571

Patrick Kelly

J. A. Rundle

H. Peacock

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 50% of the ballots were cast in favour of the applicant.

The Board dismissed the application and imposed a one-year bar on further applications by the applicant for the same bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Syri-Con Corporation, 2000 CanLII 10863

Patrick Kelly

J. A. Rundle

H. Peacock

Complaint withdrawn with leave of the Board.

The applicant union requested to withdraw its complaint.

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

Communications, Energy and Paperworkers Union of Canada v. J. A. Wilson Display Ltd., 2000 CanLII 5113

Patrick Kelly

J. A. Rundle

H. Peacock

Representation vote directed in application for termination of bargaining rights.

The applicants 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application under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party trade union no longer represents the employees in the bargaining unit.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 and that not less than forty per cent of the employees had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken to determine whether the employees wish to continue to be represented by the responding party.

Peckford v. United Food and Commercial Workers, Local 206, 2000 CanLII 9295

Patrick Kelly

J. A. Rundle

H. Peacock

Union certification granted following a successful representation vote by employees.

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, the Ontario Labour Relations Board found the proposed bargaining unit appropriate and directed that a certificate issue to the applicant.

Communications, Energy and Paperworkers Union of Canada v. Ashwarren International Inc., 2000 CanLII 4977

Patrick Kelly

J. A. Rundle

H. Peacock

Union certification granted following a successful representation vote.

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

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Sincere Trading of K.B.A. Co-operative Ltd., 2000 CanLII 9087

Patrick Kelly

J. A. Rundle

H. Peacock

Union decertified following a representation vote where a majority of employees voted against the union.

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

A representation vote was held, and more than fifty percent of the ballots cast were in opposition to the union.

No statements of desire to make representations were filed.

The Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer.

Pearce v. United Steelworkers of America, Local 6520, 2000 CanLII 7702

Patrick Kelly

J. A. Rundle

H. Peacock

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

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

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

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Arnprior Your Independent Grocer, 2000 CanLII 9895

R. R. Montague

Patrick Kelly

J. A. Rundle

OLRBOntario Labour Relations BoardNov 14, 2000

Representation vote ordered in certification application; majority declines to seal ballot box despite section 8.1 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 numerical difference was not significant and ordered a representation vote.

The majority declined to seal the ballot box, while the dissenting member would have ordered the ballot box sealed pursuant to section 8.1(4).

International Union of Operating Engineers, Local 793 v. Canadian Waste Services Inc., 2000 CanLII 10071

J. A. Rundle

H. Peacock

Bram Herlich

OLRBOntario Labour Relations BoardNov 8, 2000

Terminal date for successor union application extended due to late posting of notice to employees.

The applicant union applied for a declaration that it is a successor union to the responding party trade union.

The Board noted that the Notice to Employees was posted by the employer over a week after the expiry of the original terminal date.

Consequently, the Board extended the terminal date to allow any party to make representations and directed the employer to post a copy of the decision.

Service Employees International Union, Local 204 v. Service Employees International Union, Local 478, 2000 CanLII 8781

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardNov 8, 2000

Brian McLean

OLRB0 cases1998–2026

Motion to dismiss application without a hearing denied with leave to renew.

The responding party, Toronto Symphony Orchestra, requested that the Board dismiss the application without a hearing.

The applicant union opposed the request.

The Board declined to dismiss the application at this time, but permitted the responding party to renew its motion at the re-commencement of the hearing.

International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, Local 58 v. Toronto Symphony Orchestra, 2000 CanLII 1158

Roy Filion

55 cases1987–2019

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardNov 8, 2000

Anthony Brown

OLRB0 cases2000–2001

Application for successor rights dismissed; purchase of school buses did not constitute a sale of business.

The applicant union alleged that a sale of a business occurred under section 69 of the Labour Relations Act when the responding party, Northway Bus Lines, purchased school buses from Hanmer Bus Lines after Hanmer went out of business.

Northway also hired some former Hanmer drivers and was awarded bus routes by the school board that Hanmer previously serviced.

The Board dismissed the application, finding that Northway merely purchased physical assets and did not acquire Hanmer's business or any part of it.

The school board routes were awarded through a normal competitive process and did not constitute a transfer of a business.

Canadian Union of Public Employees, Local 895 v. Northway Bus Lines Inc., 2000 CanLII 9396

J. A. Rundle

H. Peacock

Bram Herlich

Representation vote ordered in certification application for long-term care centre employees.

The applicant trade union filed an application for certification to represent employees at a long-term care centre.

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 percent of the individuals in the proposed bargaining unit.

The Board directed that a representation vote be taken and established the voting constituency, adopting the bargaining unit description offered by the intervenor.

Christian Labour Association of Canada v. Central Park Lodges, Pioneer Care Long Term Care Centre, 2000 CanLII 6609

J. A. Rundle

H. Peacock

Bram Herlich

OLRB directs a representation vote for employees at Radisson Suite Hotel Toronto Airport.

The applicant trade union filed an application for certification to represent employees at the Radisson Suite Hotel Toronto Airport.

The Ontario Labour Relations Board found that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

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

Hotel Employees Restaurant Employees Union, Local 75 v. Radisson Suite Hotel Toronto Airport, 2000 CanLII 606

J. A. Rundle

H. Peacock

Bram Herlich

Union certification granted following successful representation vote; status of registered nurses left for future negotiations.

The applicant union applied for certification and a representation vote was held.

The parties agreed on the bargaining unit description, but the employer maintained that registered nurses were not employees under the Act.

The Board found it unnecessary to determine the status of registered nurses because the margin of the vote in favour of the union was sufficient to dispose of the application.

A certificate was issued to the applicant union.

United Steelworkers of America v. Homecare Comfort Services Inc., 2000 CanLII 8563

J. A. Rundle

H. Peacock

Bram Herlich

Board directs representation vote in union certification application.

The applicant trade union filed an application for certification.

The Board found that the applicant met the definition of 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.

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

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Sonoco Flexible Packaging, 2000 CanLII 10305

J. A. Rundle

H. Peacock

Bram Herlich

Representation vote directed for proposed bargaining unit of nursing home employees.

The applicant trade union filed an application for certification to represent registered and graduate nurses at the responding party's nursing home.

The Board found that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members.

The Board directed that a representation vote be taken and found that the responding party's purported notice under section 8.1 of the Labour Relations Act, 1995 was improper.

Canadian Union of Public Employees v. Caressant Care o/a Caressant Care Nursing Home, 2000 CanLII 7943

R. R. Montague

J. A. Rundle