J. A. Rundle

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardSep 8, 2000

Unopposed application for union successor rights declaration granted.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor union by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Board granted the application and issued the requested declaration.

Service Employees International Union, Local 204 v. Service Employees International Union, Local 663, 2000 CanLII 8509

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardSep 8, 2000

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification.

Following a representation vote where more than 50% 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 Swiss Chalet Restaurant/Roost Bar.

United Food & Commercial Workers, Local 206 v. Cara Operations Limited, 2000 CanLII 10915

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardSep 8, 2000

Certificate issued to the applicant union following a successful representation vote.

The applicant union sought certification for a bargaining unit of pre-press employees and graphic artists.

Following a representation vote in which 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 Board directed that a certificate issue to the applicant.

Graphic Communications Union, Local 41M v. Standard Freeholder, A Division of Hollinger Canadian Newspapers L.P., 2000 CanLII 4901

Timothy W. Sargeant

J. A. Rundle

H. Peacock

Board deferred union's request for an interim certificate to the panel hearing the scheduled certification application.

The applicant union requested an interim certificate pursuant to Section 9(2) of the Act in an application for certification.

The responding party opposed the request.

Given that a hearing was already scheduled for later in the month to consider remaining status and bargaining unit issues, the Board deferred the issue of the interim certificate to the panel hearing the matter.

Communications Energy and Paperworkers Union of Canada Local 87-M Southern Ontario Newspaper Guild v. Sing Tao Newspapers (Canada 1988) Limited, 2000 CanLII 11976

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

Representation vote directed in union certification application with ballots segregated pending dispute over employee locations.

The applicant trade union applied for certification to represent employees of the responding party at specific locations in Toronto.

The Board found that the applicant is a trade union and that it appeared to have the requisite 40 percent membership support in the proposed bargaining unit.

The Board directed a representation vote to be held.

Because the responding party submitted that it did not employ any individuals at the specified locations, the Board ordered that any ballots cast be segregated and not counted until further order or agreement.

United Food and Commercial Workers International Union Local 175 v. Hurley Corporation, 2000 CanLII 7198

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

Representation vote ordered for proposed bargaining unit of housekeeping employees.

The applicant trade union filed an application for certification to represent employees of the responding party.

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.

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

The Board also noted a dispute regarding the inclusion of office, clerical, and sales staff in the bargaining unit, and directed that any ballots cast by individuals in disputed positions be segregated.

United Food and Commercial Workers International Union Local 175 v. Hallmark Housekeeping Services Inc., 2000 CanLII 10541

Timothy W. Sargeant

J. A. Rundle

H. Peacock

Application adjourned sine die for up to one year 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 matter will be deemed terminated if neither party requests to proceed.

Communications, Energy and Paperworkers Union of Canada v. Hotel Employees, Restaurant Employees Union Local 75, 2000 CanLII 9487

Timothy W. Sargeant

J. A. Rundle

H. Peacock

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

The parties agreed to adjourn the application sine die for a period not exceeding one year.

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

Canadian Union of Public Employees and its Local 4243 v. The Peterborough Native Friendship Center, 2000 CanLII 6049

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

Representation vote directed in application for certification with segregated ballots for disputed positions.

The applicant trade union filed an application for certification to represent employees of the responding party.

The Ontario Labour Relations 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 that a representation vote be taken, with segregated ballots for individuals whose inclusion in the bargaining unit was in dispute.

United Food and Commercial Workers International Union Local 175 v. Hallmark Housekeeping Services Inc., 2000 CanLII 7782

Nini Jones

23 cases2000–2025

Jim Paré

3 cases2000–2000

James Nyman

10 cases1983–2012

G. L. Firman

3 cases1990–2000

Catherine Gilbert

6 cases1995–2001

Carolyn Kraft

1 case2000–2000

Bernie Travis

1 case2000–2000

Barbara Rankin

2 cases2000–2001

Andy Savela

1 case2000–2000

Patrick Kelly

OLRB0 cases1999–2019

J. A. Rundle

H. Peacock

Board finds two distinct bargaining units exist for full-time and part-time employees in displacement application.

In a displacement application for certification, the applicant union sought to represent employees in a single bargaining unit combining full-time and part-time employees.

The responding employer and intervenor union argued that two distinct bargaining units existed.

The Board reviewed the collective agreement and its administration, noting two distinct recognition clauses and separate seniority provisions.

The Board concluded that there were two separate bargaining units and directed the parties to file written submissions on the applicant's alternative positions.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. OPTIONS, Northwest, 2000 CanLII 12567

Timothy W. Sargeant

J. A. Rundle

H. Peacock

Applicants directed to deliver required materials to the employer in a duty of fair representation complaint.

In an application alleging a breach of the duty of fair representation under section 74 of the Labour Relations Act, 1995, the employer advised that it had not received certain required documents.

The Board directed the applicants to deliver the specified materials to the employer's counsel within 10 days, after which the employer would have 10 days to file an intervention.

Dan Gagne, et al v. United Steelworkers of America, Local 6600, 2000 CanLII 11733

Timothy W. Sargeant

J. A. Rundle

H. Peacock

Application for religious exemption from paying union dues granted on consent.

The applicant filed an application for religious exemption from paying union dues pursuant to section 52 of the Labour Relations Act, 1995.

The responding party trade union did not object to the application, which related to a first collective agreement.

The Board granted the application, declaring that the employee is not required to join the union or pay dues, provided equivalent amounts are remitted to a mutually agreed charitable organization.

Carol Bowman v. Ontario Public Service Employees Union Local 492, 2000 CanLII 13194

Timothy W. Sargeant

J. A. Rundle

H. Peacock

Extension of time to file a response granted.

The Board granted an extension of time until September 22, 2000, to file a response in this matter.

Natalie Hawley v. Canadian Union of Public Employees, Local 3261, 2000 CanLII 6881

Timothy W. Sargeant

J. A. Rundle

H. Peacock

Application alleging breach of duty of fair representation dismissed after applicant failed to file submissions.

The applicant filed an application alleging a violation of section 74 of the Labour Relations Act, 1995.

The responding party claimed it was not a trade union and therefore not subject to the duty of fair representation.

The Board directed the applicant to file submissions on this issue.

When the applicant failed to file any submissions by the extended deadline, the Board dismissed the application, finding no prima facie basis to establish that the responding party was a trade union.

Paul Bolt v. Maksteele Workers Association Committee and Maksteele Inc., 2000 CanLII 13267

Timothy W. Sargeant

J. A. Rundle

H. Peacock

Board requests submissions on timeliness of certification application given existing collective agreement.

The applicant trade union applied for certification of a bargaining unit of ambulance service employees.

The responding party and intervenor asserted that the employees were already covered by an existing collective agreement, making the application untimely.

The Board directed the applicant to provide submissions on why the application should not be dismissed as untimely, failing which the application would be deemed dismissed.

Ontario Public service Employees Union v. The Corporation of the County of Brant, 2000 CanLII 12598

Timothy W. Sargeant

J. A. Rundle

H. Peacock

Unopposed application for declaration of union successor rights granted.

As the application was unopposed, the Board granted the declaration.

Service Employees International Union, Local 204 v. Service Employees International Union, Local 478, 2000 CanLII 8984

Timothy W. Sargeant

J. A. Rundle

H. Peacock

Representation vote directed in certification application; ballot box sealed due to bargaining unit disputes.

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

The Ontario Labour Relations Board found the applicant to be a trade union and determined that the requisite 40 percent membership threshold appeared to be met.

The Board directed a representation vote.

Because the responding party disputed the bargaining unit description and the union's estimate of the number of employees, the Board ordered that ballots cast by individuals in disputed positions be segregated and that the ballot box be sealed pending further agreement or order.

Communications, Energy & Paperworkers Union of Canada v. The Korea Times Daily, 2000 CanLII 8692

Timothy W. Sargeant

J. A. Rundle

H. Peacock

Union's application withdrawn with leave of the Board.

The applicant union requested to withdraw its application.

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

Service Employees International Union Local 220 v. Dale Brain Injury Services Inc., 2000 CanLII 8589

Timothy W. Sargeant

J. A. Rundle

H. Peacock