J. A. Rundle

Patrick Kelly

J. A. Rundle

OLRBOntario Labour Relations BoardJul 4, 2000

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

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

A representation vote was held, and not more than 50 per cent of the ballots cast were 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.

United Steelworkers of America v. Sears Canada Inc., 2000 CanLII 7539

R. R. Montague

Patrick Kelly

J. A. Rundle

OLRBOntario Labour Relations BoardJul 4, 2000

Union decertified after majority of employees vote in opposition during representation vote.

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to the union, and with no statement of desire to make representations filed, the Board declared that the union no longer represents the employees of Supervent Products Inc.

Sandy Toffner v. United Steelworkers of America Local 16506, 2000 CanLII 9449

R. R. Montague

Patrick Kelly

J. A. Rundle

OLRBOntario Labour Relations BoardJun 30, 2000

Board directs employer submissions on union's abandonment of bargaining rights before deciding conciliation officer appointment.

The Minister of Labour referred a question to the Board regarding the authority to appoint a conciliation officer requested by the employer.

The union objected to the appointment and subsequently served notice that it was abandoning its bargaining rights.

The Board cancelled the scheduled hearing and directed the employer to file submissions regarding the union's abandonment claim and to post the decision in the workplace to notify affected employees.

Upsala Forest Products Limited v. Industrial Wood & Allied Workers of Canada, Local 2693, 2000 CanLII 6939

Patrick Kelly

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardJun 30, 2000

Union's application withdrawn at the request of its counsel.

The applicant union requested to withdraw its application via correspondence.

The Ontario Labour Relations Board granted the request and the matter was withdrawn.

Labourers’ International Union of North America, Local 837 v. Aeroguard Company Ltd., 2000 CanLII 7034

R. R. Montague

Patrick Kelly

J. A. Rundle

OLRBOntario Labour Relations BoardJun 30, 2000

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

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

The Board found the applicant to be a trade union under the Labour Relations Act, 1995 and determined the appropriate bargaining unit.

Despite a dispute over the estimated number of employees, the Board found sufficient membership support to order a representation vote.

A vote was directed to be held on July 5, 2000.

Labourers’ International Union of North America, Local 506 v. Builders’ Supplies Limited II, 2000 CanLII 11296

Patrick Kelly

J. A. Rundle

D. A. Patterson

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

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

The Ontario Labour Relations Board found the applicant to be a trade union under the Labour Relations Act, 1995, and determined the appropriate bargaining unit based on the parties' agreement.

The Board found that the applicant established sufficient membership support to warrant a representation vote.

A representation vote was directed to be held on July 4, 2000.

Teamsters Local Union No. 419 v. Imperial Cold Storage and Distribution Inc., 2000 CanLII 7641

Patrick Kelly

J. A. Rundle

D. A. Patterson

Representation vote directed in timely application for termination of bargaining rights.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party's bargaining rights.

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

The Board found the application timely and that not less than forty percent 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.

Jim L. Thompson v. United Brotherhood of Carpenters and Joiners of America, Local 3054, 2000 CanLII 5097

Patrick Kelly

J. A. Rundle

D. A. Patterson

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

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 no request to proceed is made.

Canadian Union of Public Employees and its Local 3771 v. Centre for Advancement in Work and Living, 2000 CanLII 3868

R. R. Montague

J. A. Rundle

Christopher J. Albertyn

OLRB0 cases1998–2025

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

The applicant applied to decertify 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 statements of desire to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the employer.

Jill Gibson v. United Food and Commercial Workers International Union, Local 175-633, 2000 CanLII 8794

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardJun 27, 2000

Brian McLean

OLRB0 cases1998–2026

Board sets aside previous decision due to factual error regarding whether ballots were counted.

The Board set aside its previous decision dated June 6, 2000, due to a significant factual error.

The Board had erroneously stated that the ballots from a representation vote had been counted, when in fact the ballot box remained sealed.

The intervenor was permitted to raise any outstanding issues at the upcoming hearing.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Parkway House, Ottawa & District, 2000 CanLII 12029

Stephen Raymond

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardJun 27, 2000

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application against the responding party.

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

United Steelworkers of America v. Valley Manor Inc., 2000 CanLII 6335

R. R. Montague

Laura Trachuk

OLRB0 cases1993–2001

J. A. Rundle

Applications withdrawn with leave of the Board pursuant to the agreement of the parties.

The applicant filed applications against the responding party.

Pursuant to the agreement of the parties, the applications were withdrawn with leave of the Board.

Roberto Rosales v. Clayson Steel Inc., 2000 CanLII 7593

Stephen Raymond

R. R. Montague

J. A. Rundle

Application dismissed after representation vote failed to yield a majority in opposition to the responding party.

The applicant union filed an application before the Ontario Labour Relations Board.

Following a representation vote, the Board found that not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party.

As no statement of desire to make representations was filed, the Board dismissed the application and ordered the destruction of the ballots after 30 days.

International Union of Operating Engineers, Local 793 v. Canadian Waste Services Inc., 2000 CanLII 7922

Susan L. Crawford

2 cases2000–2010

R. R. Montague

J. A. Rundle

Anthony Brown

OLRB0 cases2000–2001

Hearing adjourned on consent of the parties.

The Ontario Labour Relations Board adjourned the hearing of the application on consent of the parties.

The hearing was rescheduled to July 4, 2000, and the panel remained seized of the matter.

Teamsters Chauffeurs, Warehousemen and Helpers Local Union No. 141 v. Greenline Resins Inc., 2000 CanLII 8176

Stephen Raymond

R. R. Montague

J. A. Rundle

Union certification granted for hospital clerical employees following successful representation vote.

The applicant union applied for certification to represent a unit of office and clerical employees at Cambridge Memorial Hospital.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no outstanding issues between the parties, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

Service Employees International Union, Local 204 v. Cambridge Memorial Hospital, 2000 CanLII 13223

Stephen Raymond

R. R. Montague

J. A. Rundle

Representation vote directed for proposed bargaining unit in certification application.

The applicant trade union filed an application for certification.

The Board found that the applicant is 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 at the time the application was made.

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

Universal Workers Union, Labourers’ International Union of North America Local 183 v. SMS Modern Building Cleaning Services Inc., 2000 CanLII 9661

Stephen Raymond

R. R. Montague

J. A. Rundle

Representation vote ordered in certification application; majority declines to seal ballot box despite section 8.1 notice.

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

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 numerical difference between the parties was not significant and that the applicant had established sufficient membership support to obtain a representation vote.

The Board ordered a representation vote and directed that ballots of individuals in disputed positions be segregated.

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

United Steelworkers of America v. Valley Manor Inc., 2000 CanLII 7801

Stephen Raymond

R. R. Montague

J. A. Rundle

Board directed Labour Relations Officer to post notices and extended the terminal date.

The applicant union served the application on the responding parties, but no notice of posting was filed with the Board.

The Board directed a Labour Relations Officer to post the notices and serve an additional copy of the application on the responding parties.

The terminal date for the application was extended to June 30, 2000.

Hospitality & Service Trades Union, Local 261 v. 3517616 Canada Inc., 2000 CanLII 4329

R. R. Montague

J. A. Rundle

Christopher J. Albertyn

OLRB0 cases1998–2025