Laura Trachuk

OLRBOntario Labour Relations BoardApr 12, 2001

Pharmacists' request to reconsider bargaining unit inclusion denied for lack of standing under PSLRTA.

Following representation votes under the Public Sector Labour Relations Transition Act, 1997, a group of pharmacists requested reconsideration of their inclusion in the paramedical/technical bargaining unit.

The Board dismissed the request, finding that individual employees lack standing under the Act to challenge bargaining unit descriptions agreed upon by the successor employer and trade unions.

The Board also confirmed the results of the representation votes, declaring the successful trade unions for the nurses, paramedical/technical, and service/clerical/maintenance/RPN bargaining units.

Ontario Public Service Employees Union v. St. Joseph’s Health Care Hamilton, 2001 CanLII 13270

Board declines to impose clarity note on bargaining unit description that would limit union's collective agreement rights.

The applicant union sought a determination of the bargaining unit description following the amalgamation of several municipalities into the City of Hamilton.

The parties agreed the unit should include all firefighters as defined by the Fire Protection and Prevention Act.

However, the City requested a clarity note stating that duties of non-firefighters (managerial exclusions) shall be performed outside the bargaining unit, aiming to prevent the union from grieving the assignment of such work.

The Board declined to impose the clarity note, finding that doing so would improperly interfere with the union's right to enforce its collective agreement and bargain over the protection of bargaining unit work.

The Board defined the unit as agreed and remained seized of a separate issue regarding volunteer firefighters.

Hamilton Professional Fire Fighters Association v. The City of Hamilton, 2001 CanLII 5946

Randall D. Telford

1 case2001–2001

Deanna Exner

19 cases2000–2022

Laura Trachuk

OLRBOntario Labour Relations BoardApr 12, 2001

Late adjournment request granted with reluctance to allow applicant to attend employment standards review.

The applicant sought an adjournment of her application for review of an Employment Standards Officer's decision, advising the Board the day before the hearing that she could not obtain leave from her current employer in Vancouver.

The responding employer opposed the adjournment, while the Ministry of Labour supported it.

The Board granted the adjournment with reluctance due to the late notice and inconvenience to the employer, giving the applicant the benefit of the doubt, but directed her to provide particulars of the remedy sought.

Dalbir Tiwana v. Resnick & Company, 2001 CanLII 3955

Laura Trachuk

OLRBOntario Labour Relations BoardApr 6, 2001

Board limits document disclosure to specific wage claims regarding a boat cruise, staff meetings, and eating periods.

In an employment standards application, the responding party employer noted that the claims were limited to outstanding wages for a boat cruise, staff meetings, and the deduction of a half-hour eating period.

The Board directed that the responding party employer and the Ministry of Labour need only disclose documents relevant to those specific matters.

All Employees Represented by TEAMES v. Filet of Sole Sea Grill Limited, 2001 CanLII 10190

Laura Trachuk

OLRBOntario Labour Relations BoardDec 19, 2000

Board directed applicant to produce documentary evidence explaining his failure to attend the scheduled hearing.

The applicant failed to attend a scheduled hearing, explaining that his borrowed car broke down.

The Board directed the applicant to provide documentary evidence supporting his explanation.

The employer requested that the documents be produced.

The Board ordered the applicant to produce the supporting documents by January 8, 2001, and allowed the responding party to make submissions by January 22, 2001.

The Board also directed the Registrar to schedule another hearing date in consultation with the parties.

Kevin Wilson v. Pizza Hut: Tricon Global Restaurants, 2000 CanLII 5011

Laura Trachuk

OLRBOntario Labour Relations BoardDec 19, 2000

Request for extension of time to provide list and particulars granted.

The applicant requested an extension of time to provide its list and particulars.

The Adjudicator/Referee granted the request, extending the deadline to February 26, 2001, and set subsequent deadlines for the responding parties to provide relevant documents and for a Labour Relations Officer to meet with the parties.

All Employees Represented by The Toronto Enforcement Advocacy Model for Employment Standards (TEAMES) v. Filet of Sole Sea Grill Limited O/A Fred’s Not Here Steakhouse & Grill Filet of Sole The Red Tomato Restaurant, The whistling Oyster Seafood Cafe and Ministry of Labour, 2000 CanLII 8468

Laura Trachuk

OLRBOntario Labour Relations BoardDec 19, 2000

Adjournment granted due to medical reasons, with strict conditions on future requests.

The responding party requested an adjournment of the scheduled hearing dates due to a recent wrist operation.

The applicants agreed to the adjournment.

The Board granted the adjournment but noted concerns regarding the responding party's previous last-minute adjournment requests.

The Board directed that no further adjournments will be granted to the responding party without satisfactory proof of inability to attend.

Danilo Suarez v. Terry Kelly and Ministry of Labour, 2000 CanLII 3039

R. R. Montague

Laura Trachuk

J. A. Rundle

Union certification granted following successful representation vote.

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

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

Canadian Union of Public Employees v. Cancer Care Ontario, Northeastern Ontario Regional Cancer Centre, 2000 CanLII 10231

R. R. Montague

Laura Trachuk

J. A. Rundle

Union certification granted following a successful representation vote by hotel employees.

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

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 issued a certificate to the applicant.

The previously scheduled hearing dates were cancelled.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. WHWW Hotel (Riverside) Company, 2000 CanLII 10208

R. R. Montague

Laura Trachuk

J. A. Rundle

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

The applicant union 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.

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further applications for certification by the applicant for this bargaining unit.

Canadian Union of Public Employees v. Cambridge Association for the Mentally Handicapped, 2000 CanLII 9759

R. R. Montague

Laura Trachuk

J. A. Rundle

Application withdrawn with leave of the Board.

The applicant, Ontario Nurses' Association, sought to withdraw its application against the responding party, Royal Ottawa Health Care Group.

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

Ontario Nurses’ Association v. Royal Ottawa Health Care Group/Services de Santé Royal Ottawa, 2000 CanLII 9721

Laura Trachuk

Application withdrawn pursuant to the agreement of the parties.

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

The Board noted the agreement of the parties and permitted the application to be withdrawn.

Canadian Union of Public Employees and its Local 3443 v. St. Michael’s Hospital, 2000 CanLII 8724

Laura Trachuk

Application processing suspended until applicant properly serves responding parties with all required materials.

The applicant failed to properly serve the responding parties with all materials as required by the Board's Rules of Procedure.

The Board directed the applicant to effect proper service and suspended further processing of the application until service is confirmed.

The responding parties were granted an extension to file their responses until 10 days after receiving all materials.

Doris Wong v. Canadian Union of Public Employees Local 3744, 2000 CanLII 4814

Laura Trachuk

Deadline for filing response or intervention extended to December 22, 2000.

The Ontario Labour Relations Board issued a brief decision extending the deadline for filing any response or intervention with respect to the application to December 22, 2000.

William Pearl v. United Steelworkers of America Local 2890 District: 6, 2000 CanLII 7800

Laura Trachuk

J. A. Ronson

OLRB0 cases1980–2001

D. A. Patterson

Union certification granted following a successful representation vote by employees.

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

A representation vote was held, and more than fifty percent of the ballots were cast in favour of the applicant.

No statement of desire to make representations was filed following the vote.

The Ontario Labour Relations Board found the agreed-upon bargaining unit appropriate and directed that a certificate issue to the applicant.

Communications, Energy and Paperworkers Union of Canada v. Union Energy Inc., 2000 CanLII 6731

Laura Trachuk

Application terminated following settlement between the parties.

The applicant filed an application against the responding party before the Ontario Labour Relations Board.

The parties reached a settlement, and the Board ordered the application terminated.

Gerald David Kearney v. Celestica Inc., 2000 CanLII 10536

Laura Trachuk

J. A. Ronson

OLRB0 cases1980–2001

D. A. Patterson

Union certification granted following a successful representation vote.

The applicant union applied for certification to represent a bargaining unit of employees at the responding party's bakery.

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 Board found the applicant to be a trade union under the Labour Relations Act, 1995.

The Board directed that a certificate issue to the applicant and cancelled previously set meeting and hearing dates.

Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, Local 264 v. Weston Bakeries Limited, 2000 CanLII 10436

Laura Trachuk

Deadline for filing response or intervention extended to January 8, 2001.

The Ontario Labour Relations Board issued a brief decision extending the deadline for filing any response or intervention with respect to the application to January 8, 2001.

Members of OSSTF/FEÉSO, District 33, Local 65 v. The Ontario Secondary School Teacher’s Federatin/FEÉSO District 33, Local 65, 2000 CanLII 10229

Laura Trachuk

Application dismissed for failure to file submissions and lack of provincial jurisdiction.

The applicant failed to provide submissions as directed by the Board.

The Board dismissed the application due to the lack of submissions and because labour relations in the applicant's workplace appeared to be federally regulated.

Terri Whalen v. Teamster’s Local 419 Union, 2000 CanLII 10159

Laura Trachuk