J. A. Rundle

Union certified as bargaining agent following successful representation vote.

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

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board certified the union and ordered a certificate to issue.

Ontario Public Service Employees Union v. Conway Opportunity Homes Inc., 2001 CanLII 17341

Representation vote ordered in union certification application for homecare nurses.

The applicant union applied for certification to represent employees of the Victorian Order of Nurses, Homecare Division.

The Board amended the applicant's name to correct a typographical error.

Finding that the applicant established sufficient membership support (not less than 40%) in a bargaining unit that could be appropriate, the Board ordered a representation vote to be held on October 30, 2001, with segregated ballots for disputed positions.

Service Employees International Union Local 268 v. Victorian Order of Nurses, Homecare Division, 2001 CanLII 5958

Application for certification dismissed after union failed to win majority in representation vote.

The applicant union filed an application for certification.

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

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and directed the parties' attention to section 10(3) of the Act regarding the effect on any subsequent application filed within one year.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Pillsbury Bakeries and Food Service Ltd., 2001 CanLII 7021

OLRBOntario Labour Relations BoardOct 25, 2001

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification as the bargaining agent for a unit of employees at Pinehurst Woodworking Company Inc. 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 union and directed that a certificate issue.

United Brotherhood of Carpenters and Joiners of America v. Pinehurst Woodworking Company Inc., 2001 CanLII 3205

Board varied previous decision to confirm applicant's trade union status under the Labour Relations Act.

In an application for certification, the applicant requested that the Board correct its previous decision to reflect that it had already been found to be a trade union under a different name.

The Board reconsidered and varied its previous decision, finding that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995.

Teamsters International Union, Local 847, AFL-C10-CLC v. MSB Plastic, 2001 CanLII 19258

Application for certification dismissed after union failed to win majority in representation vote.

The applicant union filed an application 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.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and directed the parties' attention to section 10(3) of the Act regarding subsequent applications.

Service Employees International Union, Local 204 v. Englehart and District Hospital, Inc., 2001 CanLII 4095

Representation vote ordered in union certification application with ballot box sealed pending bargaining unit dispute.

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

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and proposed a different unit, giving notice under section 8.1 of the Labour Relations Act, 1995.

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

The Board ordered a representation vote but directed that the ballots be segregated and the ballot box sealed pending resolution of the dispute over whether the bargaining unit should be municipal-wide or store-specific.

A dissenting Board member would have directed the ballot box to be sealed strictly pursuant to section 8.1(4) of the Act.

Northern Ontario Joint Council of the Retail Wholesale and Department Store Union of the United Food and Commercial Workers International Union v. Wadland Pharmacy Limited c.o.b. The Drug Store Pharmacy, 2001 CanLII 10752

Certificate issued to applicant union following successful representation vote.

The applicant union applied for certification to represent a bargaining unit of employees at Cancer Care Ontario, Ottawa Regional Cancer Centre.

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 ordered that a certificate issue to the applicant.

The Professional Institute of the Public Service of Canada v. Cancer Care Ontario, Ottawa Regional Cancer Centre, 2001 CanLII 13190

Representation vote directed for security staff with ballots segregated pending resolution of managerial exclusion dispute.

The applicant trade union applied for certification to represent a bargaining unit of security staff employed by the responding party.

The Board found that the applicant appeared to have the requisite membership support of at least forty percent.

The employer objected, arguing the employees were excluded from collective bargaining as managers under the Labour Relations Act, 1995, or that the union was estopped from bringing the application.

The Board directed a representation vote, ordering that the ballots be segregated and the ballot box sealed pending resolution of the status disputes.

The Society of Energy Professionals v. Ontario Power Generation, Inc., 2001 CanLII 3645

OLRBOntario Labour Relations BoardOct 15, 2001

Board directs representation vote in displacement application for certification of stationary engineers.

The applicant trade union filed a displacement application for certification to represent a bargaining unit of stationary engineers currently represented by the intervenor.

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

Christian Labour Association of Canada v. York Central Hospital, 2001 CanLII 16996

Proceeding to be deemed terminated unless parties request relisting after one-year adjournment.

The Board noted that more than a year had elapsed since the matter was adjourned pending conciliation.

The Board directed the parties to advise by October 26, 2001, if they wished to have the proceeding relisted for hearing, failing which it would be deemed terminated.

Jean Tweed Treatment Centre v. Canadian Union of Public Employees, 2001 CanLII 6495

Applications for certification withdrawn with leave of the Board.

The applicant union sought leave to withdraw its applications for certification after a representation vote had been directed.

The Ontario Labour Relations Board granted leave and the applications were withdrawn.

Canadian University Workers Union (C.U.W.) v. McMaster University, 2001 CanLII 9769

Application for certification dismissed after union failed to win majority in representation vote.

The Canadian Union of Public Employees 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.

As a result, the Ontario Labour Relations Board dismissed the application for certification.

Canadian Union of Public Employees v. The Wexford Residence Inc., 2001 CanLII 16151

Representation vote directed and ballot box sealed in certification application due to bargaining unit dispute.

The applicant union applied for certification to represent employees of the Town of East Gwillimbury.

The Board found the applicant's proposed unit could be appropriate and directed a representation vote, ordering that the ballot box be sealed and the votes not counted until the Board orders otherwise due to the significant numerical difference between the parties' estimates.

Canadian Union of Public Employees v. The Town of East Gwillimbury, 2001 CanLII 9248

Representation vote ordered in certification application; majority declined 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 majority of the Board found that the applicant established sufficient membership support to obtain a representation vote and directed that a vote be taken.

The majority did not order the ballot box sealed.

The dissenting Board member would have directed the ballot box to be sealed pursuant to section 8.1(4) of the Act.

Teamsters International Union, Local 847, AFL-C10-CLC v. MSB Plastic, 2001 CanLII 17038

Union certified as bargaining agent following successful representation vote and agreement on bargaining unit.

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, the parties agreed on the appropriate bargaining unit description.

The Ontario Labour Relations Board issued a certificate to the applicant union for the agreed-upon bargaining unit.

Teamsters Local Union No. 230 v. Sure-Way Metal Products Limited, 2001 CanLII 3411