Laura Trachuk

OLRBOntario Labour Relations BoardMay 7, 2001

Board Officer appointed to assist parties in resolving bargaining agent disputes following municipal amalgamation.

The applicant municipality filed an application under the Public Sector Labour Relations Transition Act, 1997 concerning collective bargaining issues resulting from a municipal amalgamation.

The Ontario Labour Relations Board appointed a Board Officer pursuant to section 37(3) of the Act to meet with the parties and attempt to resolve the matters in dispute.

The Board directed the employer to post the decision in the workplace and provided instructions for any other bargaining agents or employees wishing to participate in the proceeding.

The Corporation of the Municipality of Greenstone v. CUPE Local 3045 – Town of Geraldton, 2001 CanLII 17586

Laura Trachuk

OLRBOntario Labour Relations BoardMay 7, 2001

Application for review of Order to Pay terminated following confidential settlement between the parties.

The applicant filed a request for review of an Order to Pay under section 68 of the Employment Standards Act.

The parties resolved the matter through a confidential settlement, and the Board terminated the application.

Soeurs de la Charité d’Ottawa (Couvent Mont. St. Joseph) v. Marie-Géralde Cayemitte, 2001 CanLII 4264

Laura Trachuk

Board declares sale of business and orders representation vote based on parties' minutes of settlement.

The applicant union filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The parties entered into Minutes of Settlement agreeing that a sale of business occurred from several health organizations and municipalities to the Algoma District Services Administration Board.

The Board issued a declaration of a sale of business and directed a representation vote to be held among the employees in the agreed-upon bargaining unit to choose between three unions.

Service Employees International Union, Local 268 v. Algoma District Services Administration Board, 2001 CanLII 6609

Board sets certification application down for hearing prior to representation vote to determine timeliness issue.

The applicant union filed a certification application.

The intervenor union contended the application was untimely because an interest board of arbitration continued to be seized of certain contractual matters between the intervenor and the responding party employer.

The parties agreed on a three-year term for their collective agreement, but disputed how the Hospital Labour Disputes Arbitration Act applied.

The Board decided to set the application down for a hearing prior to holding a representation vote.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Corporation of the City of Thunder Bay Homes for the Aged, 2001 CanLII 18020

Laura Trachuk

J. A. Ronson

OLRB0 cases1980–2001

H. Peacock

OLRB0 cases1987–2001

Representation vote directed in application to terminate union's 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 union's bargaining rights.

The Board found the application timely as no collective agreement had been made since the union's certification.

Finding that at least forty percent of the employees in the bargaining unit expressed a wish not to be represented by the union, the Board directed that a representation vote be taken.

Domenic Sampogna v. Canadian Union of Operating Engineers and General Workers, 2001 CanLII 6926

Laura Trachuk

Application withdrawn with leave of the Board on consent of the parties.

The applicant sought to withdraw the application.

Pursuant to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

Bryant Robinson v. Canadian Union of Public Employees and its Local 1701, 2001 CanLII 19571

Laura Trachuk

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application.

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

Shane Tomko v. International Association of Machinists and Aerospace Workers, Local 1295, 2001 CanLII 7601

Laura Trachuk

J. A. Ronson

OLRB0 cases1980–2001

H. Peacock

OLRB0 cases1987–2001

Board declines intervenor's request to immediately count representation vote ballots, deferring issue to hearing.

The intervenor requested that the ballots cast in a representation vote be counted immediately because the responding union failed to file submissions.

The Ontario Labour Relations Board declined the request, noting it was impossible to convene the parties and count the ballots that day, and directed the intervenor to raise the issue at the scheduled hearing.

Ben Vince v. Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 880, 2001 CanLII 16071

Laura Trachuk

J. A. Ronson

OLRB0 cases1980–2001

D. A. Patterson

Application withdrawn with leave of the Board on agreement of the parties.

The applicants, United Brotherhood of Carpenters and Joiners of America, Local 2000 and Colis Kerr, sought to withdraw their application against the responding party, W.W. Hotels (North York) Company.

Pursuant to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

United Brotherhood of Carpenters and Joiners of America, Local 2000 v. W.W. Hotels (North York) Company, 2001 CanLII 4685

Laura Trachuk

OLRBOntario Labour Relations BoardMay 3, 2001

Representation vote directed on consent in application to terminate bargaining rights.

The applicant employer applied under section 64 of the Labour Relations Act, 1995 for a declaration that the responding party union no longer represents the employees in the bargaining unit.

The parties agreed to a representation vote.

The Ontario Labour Relations Board directed that a representation vote be taken of the eligible employees to determine whether they wish to continue being represented by the union.

Rentokil Initial Canada Limited v. United Steelworkers of America, 2001 CanLII 9019

R. R. Montague

Laura Trachuk

J. A. Rundle

OLRBOntario Labour Relations BoardMay 3, 2001

Board directs representation vote for certification and declines union's request to seal ballots.

The applicant trade union applied for certification.

The parties agreed on the appropriate bargaining unit.

The Board found that at least 40% of the individuals in the proposed unit were members of the union and directed a representation vote.

The applicant requested that the ballots be sealed and the application adjourned pending a related matter before the Canada Labour Relations Board.

The responding party opposed this request.

The Board declined to seal the ballot box, directing that the vote proceed and any remaining issues be raised at a subsequent hearing.

Canadian Telephone Employees Association v. Certen Inc., 2001 CanLII 17262

Laura Trachuk

J. A. Rundle

D. A. Patterson

Representation vote directed in displacement application for union certification.

The applicant union filed a displacement application for certification.

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 responding party's section 8.1 objection was dismissed as it agreed with the applicant's estimate of the number of individuals in the unit.

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

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Gibson Holdings(Ontario) Ltd. (Helen Henderson Care Centres), 2001 CanLII 10210

Laura Trachuk

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw the application.

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

Robert Ford v. Service Employees International Union, Local 204, 2001 CanLII 12825

Laura Trachuk

Application terminated as parties did not request a declaration regarding the status of volunteer firefighters.

The Board previously advised it would remain seized of the issue of volunteer firefighters until April 27, 2001, and would terminate the application if no request was received.

The parties did not request a declaration, though 23 volunteer firefighters asked the Board to remain seized.

The Board held that the volunteers were not parties to the application and, as the actual parties did not raise the issue, the application was terminated.

Hamilton Professional Fire Fighters Association v. The City of Hamilton, 2001 CanLII 8147

Laura Trachuk

Application withdrawn with leave of the Board on agreement of the parties.

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

Pursuant to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

Robert Landon v. Ontario Public Service Employees’ Union, 2001 CanLII 19832

Laura Trachuk

J. A. Rundle

D. A. Patterson

Representation vote directed in application for union certification.

The applicant trade union applied 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.

The Board directed a representation vote, with provisions for segregating ballots of individuals in disputed positions or locations.

Ontario Public Service Employees Union v. Hamilton East Community Services c.o.b. as William C. Bain Youth Homes, 2001 CanLII 9427

Laura Trachuk

Union directed to produce grievance form in duty of fair representation application.

The applicant filed an application alleging that the union violated its duty of fair representation under section 74 of the Labour Relations Act, 1995, relating to the withdrawal of a grievance.

The applicant sought production of the grievance form.

The Board found the document relevant and directed the union to produce it.

Carol Belleperche v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), 2001 CanLII 14282

Laura Trachuk

J. A. Rundle

D. A. Patterson

Board directs representation vote after finding applicant is a trade union with sufficient membership support.

The applicant union filed an application 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.

Based on the membership evidence filed, the Board determined 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 held.

Brewery, General and Professional Workers’ Union v. Remax Cornerstone Realty Ltd., 2001 CanLII 15149

Laura Trachuk

Application withdrawn with leave of the Board on consent of the parties.

The applicant sought to withdraw the application.

Pursuant to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

Magdalena Majeed v. Canadian Health Care Workers, 2001 CanLII 15416

Laura Trachuk

J. A. Rundle

D. A. Patterson