Laura Trachuk

Laura Trachuk

J. A. Ronson

Certificate issued to union following successful representation vote with no outstanding issues.

The applicant union applied for certification to represent 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 outstanding issues between the parties, the Ontario Labour Relations Board directed that a certificate issue to the applicant.

Previously scheduled meeting and hearing dates were cancelled.

Industrial Wood & Allied Workers of Canada (IWA-Canada) v. Canac Kitchens, Division of Kohler of Canada Ltd., 2000 CanLII 8741

Laura Trachuk

Application withdrawn with leave of the Board.

The applicant requested to withdraw the application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

Ime Rotondi v. Canadian Union of Public Employees, 2000 CanLII 8155

R. R. Montague

Laura Trachuk

J. A. Ronson

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw its application.

The Ontario Labour Relations Board granted the request and the application was withdrawn with leave of the Board.

Communications, Energy and Paperworkers Union of Canada v. Bartley Services A Division of Union Energy, 2000 CanLII 9914

Laura Trachuk

J. A. Rundle

H. Peacock

OLRB0 cases1987–2001

Board scheduled a meeting and hearing for an unlawful strike application.

The applicant filed an application under section 100 of the Labour Relations Act, 1995 alleging that the responding parties were engaging in an unlawful strike.

The Ontario Labour Relations Board issued a procedural decision scheduling a meeting with a Labour Relations Specialist, followed by a hearing if necessary, and directed the responding parties to serve and file any responses by a specified deadline.

Natrel Inc. v. Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local 647, 2000 CanLII 11923

Laura Trachuk

Duty of fair representation application withdrawn by four applicants; remaining applicant directed to show cause.

Four of the five applicants withdrew their duty of fair representation application against the union.

The remaining applicant failed to attend a meeting with a Labour Relations Officer.

The Board directed the remaining applicant to advise whether he intends to proceed, failing which the file will be terminated.

Jeff Dennie et al. v. CAW Local 195, 2000 CanLII 13083

R. R. Montague

Laura Trachuk

J. A. Ronson

Representation vote directed in union certification application after employer failed to file response.

The applicant trade union applied for certification.

The responding party failed to file a response within the stipulated time.

The Board found that the applicant is a trade union and that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken.

Canadian Union of Public Employees v. The Children’s Aid Society of Ottawa-Carleton, 2000 CanLII 6918

Laura Trachuk

Request for reconsideration dismissed; Board maintained that appropriate remedies cannot be determined before a hearing.

The responding party, Stelco Inc., requested a reconsideration of the Board's earlier decision which found that the appellant's appeal made out a prima facie case of a violation of the Occupational Health and Safety Act.

Stelco argued that the appeal should be dismissed if the requested remedies could not be granted.

The Board dismissed the request for reconsideration, maintaining its view that it cannot determine appropriate remedies in advance of a hearing.

United Steelworkers of America, Local 1005 v. Stelco Inc. (Hilton Works), 2000 CanLII 8837

R. R. Montague

Laura Trachuk

J. A. Ronson

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

The Christian Labour Association of Canada applied for certification as the bargaining agent for employees of Waltron Limited.

Following a representation vote where not more than 50% of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.

The Board imposed a one-year bar on further certification applications by the applicant for this bargaining unit.

Christian Labour Association of Canada v. Waltron Limited, 2000 CanLII 10858

R. R. Montague

Laura Trachuk

J. A. Ronson

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

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

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

Communications, Energy and Paperworkers Union of Canada and its Local 324 v. Cheryl Selman Dryden Mohawk, 2000 CanLII 8791

R. R. Montague

Laura Trachuk

J. A. Ronson

Board directs second representation vote in certification application on consent of the parties.

The applicant union filed an application for certification.

The parties agreed to hold a second representation vote.

The Ontario Labour Relations Board directed that the representation vote be taken on May 4, 2000, and provided administrative directions for the vote and subsequent representations.

Teamsters Local Union 91 v. Canadian Waste Services Inc., 2000 CanLII 10364

R. R. Montague

Laura Trachuk

J. A. Ronson

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

The applicant union applied for certification.

A representation vote was held, and not more than fifty per cent of the ballots were cast 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 the same bargaining unit.

Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union v. Houde and Perreault Inc. carrying on business as Houde’s Supermarket Loeb, 2000 CanLII 7248

R. R. Montague

Laura Trachuk

J. A. Ronson

Application withdrawn with leave of the Board.

The applicant, Ontario Public Service Employees Union, sought to withdraw its application against the Metropolitan Toronto Housing Authority.

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

Ontario Public Service Employees Union v. Metropolitan Toronto Housing Authority, 2000 CanLII 3851

Laura Trachuk

Request for reconsideration dismissed as applicant failed to adduce new evidence not previously available.

The applicant sought reconsideration of a prior Board decision.

The Board applied the established test for reconsideration, which requires a party to adduce new evidence or make submissions not previously available through due diligence.

Finding that the applicant's request did not disclose any new matters or evidence that could not have been raised at the original consultation, the Board dismissed the request for reconsideration.

Gilles A. Vallieres v. Canadian Union of Public Employees and its Local 1287, 2000 CanLII 8500

Laura Trachuk

OLRBOntario Labour Relations BoardApr 28, 2000

Appeal of inspector's refusal to issue order dismissed without hearing as no prima facie case established.

The appellant, a member of the Joint Health and Safety Committee, appealed an Inspector's failure to issue an order regarding his work refusal.

The appellant had refused to work after being assigned a 'safety counselling' shift, alleging he lacked a written job description and might be expected to inspect potholes in the dark without training.

The Board dismissed the appeal without a hearing, finding no prima facie case, as the appellant was not actually asked to perform any specific unsafe duties before refusing to work.

W. McNaught v. Toronto Transit Commission and Ministry of Labour, 2000 CanLII 12074

Laura Trachuk

OLRBOntario Labour Relations BoardApr 27, 2000

Board directs submissions on responding parties' request to dismiss applications for failing to make out a prima facie case.

The applicant union filed applications for the termination of bargaining rights acquired by voluntary recognition and alleged unfair labour practices.

The responding parties requested that the applications be dismissed for failing to make out a prima facie case.

The Board directed the applicant to file submissions in response to the request to dismiss.

The Board also directed the parties to make submissions regarding a request by the Canadian Film and Television Production Association to be added as an interested party.

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 12615

Laura Trachuk

J. A. Ronson

OLRBOntario Labour Relations BoardApr 18, 2000

H. Peacock

OLRB0 cases1987–2001

Adjournment of certification applications denied; inter-union CLC disputes do not delay Board proceedings.

The intervenor, SEIU, requested an adjournment of numerous displacement certification applications filed by the CAW-Canada, pending the conclusion of a process under the Canadian Labour Congress (CLC) constitution.

The Ontario Labour Relations Board denied the request, reaffirming its consistent position that proceedings under the CLC constitution do not impact certification proceedings before the Board.

The Board emphasized its responsibility to process certification applications under the Labour Relations Act, 1995, and refused to delay employees' entitlement to change representation due to an inter-union dispute.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. South Huron Hospital, 2000 CanLII 12467

Laura Trachuk

J. A. Ronson

OLRBOntario Labour Relations BoardApr 12, 2000

H. Peacock

OLRB0 cases1987–2001

Board amends style of cause to correct file number error and directs counting of ballots.

The Ontario Labour Relations Board issued a decision amending the style of cause in a previous decision to correct an error regarding a specific file number and to include the full list of file numbers submitted.

The Board also directed the Registrar to arrange for the counting of the ballots.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. South Huron Hospital, 2000 CanLII 12469

Laura Trachuk

OLRBOntario Labour Relations BoardApr 11, 2000

Application processing suspended pending complete service of materials on the responding party.

The applicant filed an application alleging a violation of section 74 of the Labour Relations Act, 1995.

The responding party union advised the Board that it did not receive the complete application with attachments.

The Board ordered that the application would not be processed further until the applicant served all materials on the responding party and the employer, failing which the application would be terminated.

Oswald Heywood v. United Steelworkers Union, 2000 CanLII 12828

Laura Trachuk

J. A. Rundle

D. A. Patterson