J. A. Rundle

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

United Food and Commercial Workers International Union, Local 175 and 633 v. The Great Atlantic & Pacific Company of Canada Limited, 2001 CanLII 15508

Application withdrawn with leave of the Board.

The applicant, Canadian Union of Public Employees, sought to withdraw its application against the responding party, Kingston & Frontenac Housing Corporation.

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

Canadian Union of Public Employees v. Kingston & Frontenac Housing Corporation, 2001 CanLII 9713

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

The applicant union filed an application for certification.

Following a representation vote where not more than fifty per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.

The Board also noted the potential application of section 10(3) of the Act to any subsequent application filed within one year.

The Communications, Energy and Paperworkers Union of Canada v. Baldwin Paper Co. Limited, 2001 CanLII 13182

Union certification granted following a successful representation vote.

The applicant union applied for certification to represent a bargaining unit of employees at Lambton Metal Works Ltd. 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 ordered that a certificate issue to the applicant.

Shopmen’s Local Union No. 834 of the International Association of Bridge, Structural and Ornamental Iron Workers v. Lambton Metal Works Ltd., 2001 CanLII 18898

Applications withdrawn with leave of the Board.

The applicant union filed applications before the Ontario Labour Relations Board.

The applications were subsequently withdrawn with leave of the Board.

Alliance Employees’ Union v. Charbonneau, 2001 CanLII 9290

Representation vote directed in application for certification, with disputed ballots to be segregated.

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

The Board found that the applicant established sufficient membership support in its proposed bargaining unit to warrant a representation vote.

The Board directed that a representation vote be taken, with outstanding disputes regarding the geographical scope and inclusion of certain managerial positions to be dealt with at a hearing after the vote, if necessary.

Office and Professional Employees International Union v. Steelworkers Non-Profit Dental Services Inc., 2001 CanLII 19394

Board directs representation vote in application for certification by unestablished trade union.

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

The Board found that the applicant had not previously established its trade union status and directed the filing of materials.

Finding that at least 40% of the proposed bargaining unit were members of the union, the Board directed a representation vote to be held on October 11, 2001.

Southwestern Ontario Health Care and Service Workers Local 303, CLAC v. Children’s Village Daycare Centre, 2001 CanLII 19256

Representation votes ordered in displacement applications for certification of full-time and part-time university employees.

The applicant union filed displacement applications for certification for full-time and part-time employees at McMaster University, who were currently represented by the intervenor.

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

The Board ordered separate representation votes for the full-time and part-time bargaining units, with the issue of the applicant's trade union status and the final determination of the appropriate bargaining units deferred until after the votes.

Canadian University Workers Union (C.U.W.) v. McMaster University, 2001 CanLII 20889

Request for reconsideration withdrawn with leave of the Board.

The applicant requested to withdraw its request for reconsideration.

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

The Corporation of the City of Quinte West v. International Brotherhood of Electrical Workers, Local 636, 2001 CanLII 18378

Request to delay representation vote pending reconsideration dismissed under section 8(5) of the Labour Relations Act.

The applicant union filed an application for certification.

The Board directed a representation vote and ordered the ballot box sealed due to outstanding issues, including the validity of a voluntary recognition agreement involving the intervenors.

Intervenor #2 requested a delay of the vote pending a request for reconsideration.

The Board declined the request to delay the vote, citing section 8(5) of the Labour Relations Act, 1995, which requires representation votes to occur within five days of the application.

Canadian Union of Public Employees v. Trafalgar Lodge, 2001 CanLII 14592

OLRBOntario Labour Relations BoardSep 27, 2001

Board directs representation vote in union certification application with segregated ballots for disputed positions.

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

The Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, 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.

As the responding party disputed the geographic scope of the bargaining unit, the Board directed that individuals in disputed positions could cast segregated ballots.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW‑Canada) v. Pillsbury Bakery and Food Services Ltd., 2001 CanLII 18027

Application withdrawn with leave of the Board.

The applicant requested to withdraw her application against Magna of London (Mega Plas).

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

Connie Sue (Anger) Kapogianes v. Magna of London (Mega Plas), 2001 CanLII 18462

Representation vote directed in application for termination of bargaining rights.

The applicant filed an application under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party union no longer represents the employees in the bargaining unit.

The Board found the application timely and that not less than forty percent of the employees had expressed a wish not to be represented by the union.

The Board directed that a representation vote be taken.

Mike Kilby v. United Food & Commercial Workers Union, Local 175, 2001 CanLII 20196

Extension of time to file a response granted.

The Ontario Labour Relations Board granted an extension of time until October 10, 2001, to file a response in the matter.

Maria Szucs v. York University Staff Association, 2001 CanLII 18617

Representation vote ordered in certification application, but ballot box sealed pending resolution of timeliness and bargaining unit objections.

The applicant trade union applied for certification to represent electricians and apprentices employed by the responding party.

The intervenor union and the responding party objected, arguing that the employees were already represented by the intervenor in the construction sector and that the application was untimely.

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

The Board ordered the vote to proceed but directed that the ballot box be sealed and the ballots not counted until the objections were resolved.

International Brotherhood of Electrical Workers, Local 773 v. Union Energy Inc. c.o.b. as Fahringer Mechanical, 2001 CanLII 3873

Board directs submissions on a union's request for reconsideration of a collective agreement declaration.

A union requested reconsideration of a prior Board decision which declared that the employer was no longer bound by a specific collective agreement.

The Board issued a procedural direction requiring the responding parties to file any submissions in response to the request by a specified date.

The moving party was also granted an opportunity to file reply submissions before the Board gives further consideration to the matter.

The Corporation of the City of Quinte West v. International Brotherhood of Electrical Workers, Local 636, 2001 CanLII 10438

Extension of time to file a response granted.

The Ontario Labour Relations Board granted the responding party an extension of time until September 28, 2001, to file a response in the matter.

United Brotherhood of Carpenters and Joiners of America Ontario Industrial Council v. Unique Store Fixtures Ltd., 2001 CanLII 19042