Laura Trachuk

Board directed applicant to file submissions responding to union's request for preliminary dismissal of application.

The applicant filed an application under section 96 of the Labour Relations Act, 1995, alleging that the union violated section 74.

The responding union and the intervenor employer requested that the application be dismissed without a consultation for failing to disclose a prima facie case.

The Board directed the applicant to file written submissions responding to the request for dismissal, specifying the alleged acts constituting the violation and identifying any disputed facts in the responses.

MacKinnon v. CEP Local 87-M Southern Ontario Newspaper Guild, 2000 CanLII 12638

Laura Trachuk

J. A. Rundle

H. Peacock

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

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 regarding displacement applications.

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 certification where more than 50 percent of ballots are 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. St. Mary’s General Hospital, 2000 CanLII 12539

Laura Trachuk

J. A. Rundle

H. Peacock

Board issues certification certificate, declining to postpone decision pending intervenor's external legal proceedings.

The applicant union applied for certification to displace the intervenor union at the responding party hospital.

Following a representation vote in which more than 50 percent of the ballots were cast in favour of the applicant, the intervenor requested that the Board postpone its decision pending the outcome 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 the final determination and noting that section 10 of the Labour Relations Act, 1995 requires the Board to certify the applicant when it wins the vote.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. St. Mary’s General Hospital, 2000 CanLII 12538

Laura Trachuk

Application dismissed without prejudice for failure to serve parties and provide material facts.

The applicant filed an application under section 96 of the Labour Relations Act, 1995 alleging a violation of section 74 by the responding party union.

The Board dismissed the application without prejudice because the applicant failed to serve the responding party and intervenor, and failed to provide a detailed statement of material facts as required by the Board's Rules.

Felipe Santos v. Hotel Employees Restaurant Employees Union, Local 75, 2000 CanLII 12475

Laura Trachuk

Application withdrawn with leave of the Board.

The applicant requested to withdraw the application.

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

Roger Farr v. Ontario Secondary School Teachers’ Federation, (District 16), 2000 CanLII 1712

Laura Trachuk

J. A. Rundle

H. Peacock

Board declined to postpone certification decision pending intervenor's external proceedings and issued certificate to applicant.

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

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 regarding displacement applications.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Women’s Emergency Centre Woodstock, Inc., 2000 CanLII 12205

Laura Trachuk

J. A. Rundle

H. Peacock

Union certification granted; Board declines to postpone decision pending intervenor's external court and CLC proceedings.

The applicant union sought certification for a bargaining unit of employees at the responding party's 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 outcome of 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. Chelsey Park Retirement Community Nursing Home, 2000 CanLII 12045

Laura Trachuk

J. A. Rundle

H. Peacock

Union certification granted; Board refused to postpone decision pending external contempt and CLC proceedings.

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

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

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

The Board dismissed the request, finding no valid reason to delay the final determination, as the employees had unequivocally indicated their wishes and section 10 of the Labour Relations Act, 1995 requires the Board to certify the applicant in these circumstances.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Anselma House, 2000 CanLII 12018

Laura Trachuk

J. A. Rundle

D. A. Patterson

Board issues certification certificate, declining intervenor's request to postpone pending external proceedings.

The applicant union sought certification for a bargaining unit of employees at the responding party's 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 outcome 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 cast in its favour.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Chelsey Park Retirement Community Nursing Home, 2000 CanLII 12017

Laura Trachuk

J. A. Rundle

H. Peacock

Union certification granted following a successful representation vote by employees.

The Canadian Union of Public Employees applied for certification as the bargaining agent for employees of The Town of Espanola Complex and outdoor rink.

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.

Canadian Union of Public Employees v. The Corporation of the Town of Espanola, 2000 CanLII 9751

Laura Trachuk

J. A. Ronson

OLRB0 cases1980–2001

H. Peacock

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

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

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 Board found that the applicant established sufficient membership support in its proposed bargaining unit and ordered a representation vote.

Ontario Public Service Employees Union v. Tobias Attendant Care Inc., 2000 CanLII 10074

Laura Trachuk

J. A. Rundle

H. Peacock

Board grants joint application for early termination of collective agreement after no employee objections filed.

The applicant employer and responding union filed a joint application for the Board's consent to the early termination of their collective agreement.

Notices of the application were posted on the employer's premises, and no objections were filed by any affected employees.

The Board granted its consent to the early termination of the collective agreement.

Hy & Zel’s v. Specialty Temporary Employees Union, 2000 CanLII 3672

Laura Trachuk

J. A. Rundle

H. Peacock

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification as the bargaining agent for a unit of part-time transportation department employees of the responding party.

Following a representation vote in which 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 directed that a certificate issue to the applicant.

Local Union 636 of the International Brotherhood of Electrical Workers v. The Public Utility Commission of the City of Stratford, 2000 CanLII 8869

Laura Trachuk

J. A. Rundle

H. Peacock

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

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

Universal Workers Union, L.I.U.N.A. Local 183 v. Parsec Intermodal of Canada Limited/Parsec Intermodal du Canada Limitée, 2000 CanLII 6871

Laura Trachuk

J. A. Rundle

H. Peacock

Certification application dismissed as applicant did not represent 40% of employees in the agreed bargaining unit.

The applicant union filed a displacement application for certification and unfair labour practice complaints.

A representation vote was held, but the ballot box was sealed.

The parties subsequently agreed on the appropriate bargaining unit and agreed that the applicant did not represent 40% of the employees in that unit.

Consequently, the Board dismissed the certification application pursuant to section 8.1(7) of the Labour Relations Act, 1995, and directed that the ballots be destroyed.

The unfair labour practice complaints were scheduled for a hearing.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Park Hyatt Toronto, 2000 CanLII 13353

Laura Trachuk

J. A. Ronson

OLRB0 cases1980–2001

H. Peacock

Board orders representation vote for hospital office and clerical employees after union establishes sufficient membership support.

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

The hospital 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 Board found that the applicant established sufficient membership support (not less than 40%) in its proposed bargaining unit to warrant a representation vote.

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

Service Employees International Union, Local 204 v. Cambridge Memorial Hospital, 2000 CanLII 10763

Laura Trachuk

J. A. Rundle

H. Peacock

Union decertified after majority of employees voted in opposition in a representation vote.

The applicants applied to decertify the responding party union.

Following a representation vote in which more than fifty percent of the ballots were cast in opposition to the union, the Ontario Labour Relations Board declared that the union no longer represents the employees of the Ontario College of Teachers.

The previously scheduled hearing dates were cancelled.

Herzenberg v. Power Workers’ Union CUPE Local 1000, 2000 CanLII 4517

Laura Trachuk

J. A. Rundle

H. Peacock

Applications withdrawn with leave of the Board.

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

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

Canadian Union of Public Employees and its Local 3501 v. The Boys’ Home, 2000 CanLII 10866

Laura Trachuk

J. A. Rundle

H. Peacock