Laura Trachuk

OLRBOntario Labour Relations BoardMay 18, 2000

Board provides applicant with union's submissions and explains prior extension of filing deadline.

The applicant informed the Board that he did not receive the responding party's submissions.

The Board provided a copy of the submissions and explained that its prior decision to extend the union's filing date was based on those submissions and the fact that a hearing would not be scheduled before the end of the school year.

David S. Courtney v. Ontario Secondary School Teachers’ Federation, 2000 CanLII 10282

Board issues certification to applicant union following successful representation vote, dismissing intervenor's postponement request.

The applicant union applied for certification to represent employees at Meadow Park Nursing Home.

A representation vote was held, and more than 50 percent of the ballots were cast in favour of the applicant.

The intervenor union requested that the Board postpone its decision pending the disposition of a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

The Board declined to postpone the decision, finding no valid reason to delay and noting that section 10 of the Labour Relations Act, 1995 requires the Board to certify the applicant when more than 50 percent of the ballots are in its favour.

The Board ordered that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation & General Workers’ Union of Canada (CAW-Canada) v. Meadow Park Nursing Home, 2000 CanLII 12024

R. R. Montague

Laura Trachuk

J. A. Ronson

Board declines to postpone certification decision pending intervenor's external proceedings and issues certificate to applicant.

The applicant union applied for certification and won a representation vote.

The intervenor union requested that the Board postpone issuing a certificate pending the outcome of a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

The Board declined to postpone its decision, finding no valid reason to delay the final determination and noting that section 10 of the Labour Relations Act, 1995 requires the Board to certify the applicant when more than 50 percent of ballots are cast in its favour.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Craigwiel Gardens c.o.b. as Craigholme Nursing Home, 2000 CanLII 12636

R. R. Montague

Laura Trachuk

J. A. Ronson

Board issues certificate to applicant union, refusing intervenor's request to delay pending external proceedings.

The applicant union applied for certification and won a representation vote.

The intervenor union requested that the Board postpone issuing a certificate until its contempt motion in Superior Court or its proceedings under the Canadian Labour Congress constitution were resolved.

The Board dismissed the request, finding no valid reason to delay the final determination and noting that section 10 of the Labour Relations Act, 1995 requires the Board to certify the applicant when more than 50 percent of the ballots are cast in its favour.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Tillsonburg District Memorial Hospital, 2000 CanLII 11982

R. R. Montague

Laura Trachuk

J. A. Ronson

Board issues certificate to applicant union following successful representation vote, declining intervenor's request for postponement.

The applicant union applied for certification to displace the intervenor union.

Following a representation vote where more than 50 percent of ballots were cast in favour of the applicant, the intervenor requested the Board postpone issuing a certificate pending a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

The Board declined to postpone the decision, finding no valid reason to delay the final determination and noting that section 10 of the Labour Relations Act, 1995 requires the Board to certify the applicant when a majority of ballots are cast in its favour.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Craigwiel Gardens c.o.b. as Craigholme Nursing Home, 2000 CanLII 13494

Laura Trachuk

Applications adjourned sine die for up to one year on consent of the parties.

The applicant union and responding parties agreed to adjourn the applications sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matters would be deemed terminated if no party requested to proceed.

Communications, Energy and Paperworkers Union of Canada, Local 700-M v. International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, Local 873, 2000 CanLII 11242

Laura Trachuk

Board directed all ballots in representation vote to be counted, except one segregated ballot.

The applicant union sought to count the ballots cast in a representation vote.

The Ontario Labour Relations Board directed that all ballots cast in the representation vote, except for one segregated ballot, be counted, relying on reasons expressed in a prior oral decision.

The parties were encouraged to reach an agreement regarding the segregated ballot.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Provincial Nursing Home Ltd., 2000 CanLII 12221

R. R. Montague

Laura Trachuk

J. A. Ronson

Board declines to postpone certification decision pending intervenor's external proceedings; certificate issued to applicant.

The applicant union sought certification for a bargaining unit of employees at the responding party hospital.

Following a representation vote where more than 50 percent of ballots were cast in favour of the applicant, the intervenor union requested that the Board postpone its decision pending a contempt motion in Superior Court and internal Canadian Labour Congress proceedings.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Clinton Public Hospital, 2000 CanLII 13466

R. R. Montague

Laura Trachuk

J. A. Ronson

Board issued union certificate following successful representation vote, declining intervenor's request for postponement.

The applicant union applied for certification to represent employees at the responding party's nursing home.

Following a representation vote where more than 50 percent of ballots were cast in favour of the applicant, the intervenor requested that the Board postpone its decision pending a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Delhi Nursing Home, 2000 CanLII 11812

Laura Trachuk

J. A. Rundle

D. A. Patterson

Representation vote directed in union certification application after employer failed to provide required employee numbers.

The applicant union filed an application for certification.

The responding party employer proposed a different bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995, but failed to indicate the number of employees in the applicant's proposed unit or submit schedules in a timely manner.

The Board found that the applicant's proposed bargaining unit could be appropriate.

Consequently, the Board directed that a representation vote be taken among the employees in the voting constituency.

United Food and Commercial Workers International Union Local 175 v. Village of Riverside Glen, 2000 CanLII 6365

Laura Trachuk

J. A. Rundle

D. A. Patterson

Application withdrawn with leave of the Board.

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

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

Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 141 v. Moffatt & Powell Goderich Ltd., 2000 CanLII 1662

R. R. Montague

Laura Trachuk

J. A. Ronson

Board refuses to postpone certification decision and issues certificate to applicant union following successful representation vote.

The applicant union applied for certification.

The intervenor union requested that the Board postpone its decision pending a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

The Board refused to delay the final determination, noting that the employees unequivocally indicated their wishes to be represented by the applicant in a representation vote.

The Board found it had no discretion under section 10 of the Labour Relations Act, 1995 to postpone issuing a certificate when more than 50 percent of ballots were cast in favour of the applicant.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Malcolm Place Retirement Home, 2000 CanLII 12378

Laura Trachuk

G. Pickell

OLRB0 cases1998–2001

A. Haward

OLRB0 cases1998–2001

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

The applicant union and responding employer agreed to adjourn the application.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if neither party requests to proceed.

Communications, Energy and Paperworkers Union of Canada Local 87-M, Southern Ontario Newspaper Guild v. Toronto Star Newspapers Limited, 2000 CanLII 6658

Laura Trachuk

J. A. Rundle

D. A. Patterson

Representation vote directed in certification application; employer identity dispute deferred until after the vote.

The applicant trade union filed an application for certification.

The responding party failed to file a timely response but submitted a letter disputing the identity of the employer, claiming another entity was the true employer.

The Board found that the applicant appeared to have the requisite 40 percent membership support in the proposed bargaining unit.

The Board directed that a representation vote be held and deferred the determination of the employer identity issue until after the vote.

Teamsters Local Union 938 v. K & T Companies, 2000 CanLII 2576

R. R. Montague

Laura Trachuk

J. A. Ronson

Board declines to postpone certification pending external proceedings and issues certificate to applicant union.

The applicant union sought certification to represent employees at the responding party's nursing home.

Following a representation vote where more than 50 percent of ballots were cast in favour of the applicant, the intervenor union requested that the Board postpone issuing a certificate pending the outcome of a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

The Board declined to postpone its decision, finding no valid reason to delay and noting that section 10 of the Labour Relations Act, 1995 requires the Board to certify the applicant when a majority of votes are in its favour.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Oxford Regional Nursing Home, 2000 CanLII 12768

Laura Trachuk

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

The applicant sought to withdraw the application pursuant to an agreement between the parties.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Bashar M. Al-Jamal v. Dr. Eric Hoffman Owner of Activation Labs, 2000 CanLII 10432

R. R. Montague

Laura Trachuk

J. A. Ronson

Representation vote ordered in union certification application despite employer's dispute over bargaining unit composition.

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

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

The Board found the proposed bargaining unit could be appropriate and that the applicant established sufficient membership support.

The Board ordered a representation vote to be held.

Canadian Union of Public Employees v. Operation Springboard, 2000 CanLII 9709

Laura Trachuk

Application dismissed without prejudice as section 74 applies only to unions and lacked particulars.

The applicant filed an application alleging that the responding party employer violated section 74 of the Labour Relations Act, 1995.

The Board dismissed the application because section 74 applies only to trade unions, not employers, and the applicant failed to provide any particulars to support a claim.

The dismissal was without prejudice to the applicant's ability to file a proper application.

Colette McLean v. Sudbury & District Health Unit, 2000 CanLII 13420

Laura Trachuk

Application terminated pursuant to prior Board decision.

The applicant filed an application against the responding party union.

Pursuant to a prior decision of the Board dated April 20, 2000, the application was terminated.

Khan v. International Association of Machinists and Aerospace Workers District Lodge 78, 2000 CanLII 6746

Laura Trachuk