Laura Trachuk

J. A. Rundle

D. A. Patterson

Representation vote ordered in certification application despite employer's section 8.1 notice disputing bargaining unit numbers.

The applicant trade union applied for certification.

The Board found that the applicant is a trade union and that it established sufficient membership support in its proposed bargaining unit to obtain a representation vote.

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

The Board found the numerical difference between the parties was not significant and directed a representation vote.

One Board Member dissented, arguing that section 8.1(4) required the ballot box to be sealed.

U.F.C.W. Local 333 v. I.D.M.D. Manufacturing Inc., 2000 CanLII 9598

Laura Trachuk

J. A. Rundle

D. A. Patterson

Representation vote ordered in displacement certification application, but ballot box sealed pending hearing on injunction.

The applicant union filed a displacement application for certification to represent employees currently represented by the intervenor union.

The Board found that the applicant appeared to have the requisite 40% membership support and ordered a representation vote.

The intervenor argued that a Superior Court injunction against individuals formerly associated with it prevented the vote, or alternatively, that the ballot box should be sealed pending a hearing.

The Board ordered the representation vote to proceed but directed that the ballot box be sealed and the ballots not counted until further order, pending a hearing on the effect of the injunction.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. The Hunt Brothers Limited, 2000 CanLII 8657

Laura Trachuk

J. A. Rundle

D. A. Patterson

Applications withdrawn with leave of the Board on consent of the parties.

The parties agreed to withdraw their respective applications.

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

United Food and Commercial Workers International Union, Local 175 v. Car Park Management Services Limited, 2000 CanLII 7712

Laura Trachuk

J. A. Rundle

D. A. Patterson

Board orders representation vote for stage employees, deferring bargaining unit and successor employer disputes.

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

The Board found that the applicant established sufficient membership support in its proposed bargaining unit to warrant a representation vote.

The responding party disputed the bargaining unit description and argued that it had already voluntarily recognized the applicant or was a successor employer.

The Board directed that a representation vote be held, with the ballots to be counted, and deferred the resolution of the bargaining unit and successor employer issues to a post-vote hearing if necessary.

International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, Local 58 v. The North York Performing Arts Centre Corporation, 2000 CanLII 7393

Laura Trachuk

J. A. Rundle

D. A. Patterson

Representation vote ordered and ballot box sealed following employer's section 8.1 notice in certification application.

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

The Board found that the applicant is a trade union and that at least 40% of the individuals in the proposed bargaining unit were members.

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

The Board ordered a representation vote but directed that the ballot box be sealed until the numerical difference is resolved.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. LeBlanc Ltd., 2000 CanLII 5763

Laura Trachuk

Application withdrawn with leave of the Board.

The applicant requested to withdraw the application against the union and the employer.

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

Selliah Pathmarajan v. CAW Local 303, 2000 CanLII 5356

R. R. Montague

Laura Trachuk

J. A. Ronson

Representation vote ordered in displacement application, but ballot box sealed pending hearing on court injunction.

The applicant union filed a displacement application for certification to represent employees currently represented by the intervenor union.

The Board found that the applicant met the statutory 40% membership threshold and ordered a representation vote.

The intervenor argued that a Superior Court injunction against individuals formerly associated with it prevented the vote or required the ballot box to be sealed.

The Board ordered the vote to proceed but directed that the ballot box be sealed pending a hearing to determine the effect of the court order on the Board's processes.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Women’s House of Bruce County, 2000 CanLII 6994

R. R. Montague

Laura Trachuk

J. A. Ronson

Representation vote ordered in displacement application, but ballot box sealed pending hearing on injunction's effect.

The applicant union filed a displacement application for certification to represent employees currently represented by the intervenor union.

The Board found that the applicant appeared to have the requisite membership support and ordered a representation vote.

The intervenor argued that a Superior Court injunction against individuals formerly associated with it prevented the vote, or alternatively, that the ballot box should be sealed pending a hearing.

The Board ordered the vote to proceed but directed that the ballot box be sealed until a hearing could be held to consider the effect of the Court's order.

National Automobile, Aerospace, Transportation & General Workers’ Union of Canada (CAW-Canada) v. Hotel Dieu/Grace Hospital, 2000 CanLII 1527

R. R. Montague

Laura Trachuk

J. A. Ronson

Board relieved against strict application of rules where applicant initially served application to wrong address.

The applicant filed an application under section 50 of the Occupational Health and Safety Act but initially served it on the wrong address for the responding party.

The responding party requested that the application not be processed due to non-compliance with the Board's rules requiring service prior to filing.

The Board exercised its discretion to relieve against the strict application of the rules and directed the responding party to file its response within 10 days.

Carlo Alessio v. Teknion Furniture Systems Ltd., 2000 CanLII 12144

R. R. Montague

Laura Trachuk

J. A. Ronson

Board granted applicants' request to adjourn processing of the application.

The applicants requested an adjournment of the processing of their application.

The Ontario Labour Relations Board granted the request and adjourned the matter until April 18, 2000.

Sharon Ing RN & Mary Hickey RN v. SEIU Local 204, 2000 CanLII 9374

R. R. Montague

Laura Trachuk

J. A. Ronson

Board directs applicant to advise if it wishes to proceed with its application or face termination.

The applicant filed an application under section 96 of the Labour Relations Act, 1995.

A Labour Relations Officer attempted to contact the applicant to determine if it wished to proceed but was unsuccessful.

The Board directed the applicant to advise by a specified date whether it intended to proceed, failing which the application would be terminated.

I.W.A. Canada, Local 2693 v. McKenzie Forest Products Inc., 2000 CanLII 12202

R. R. Montague

Laura Trachuk

J. A. Ronson

Representation vote directed for proposed bargaining unit of guards at Nanticoke Generating Station.

The applicant trade union applied for certification to represent a bargaining unit of guards employed by Ontario Power Generation Inc. at the Nanticoke Generating Station.

The Ontario Labour Relations Board found that the applicant is a trade union and that at least 40 per cent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken.

Power Workers’ Union CUPE Local 1000 – C.L.C. v. Ontario Power Generation Inc., 2000 CanLII 8337

Laura Trachuk

Application withdrawn pursuant to the agreement of the parties.

The applicant filed an application with the Ontario Labour Relations Board against the responding union and employer.

Pursuant to the agreement of the parties, the application was withdrawn.

Mike Porter v. International Brotherhood of Electrical Workers, Local 636 and Oshawa Public Utilities Commission, 2000 CanLII 9405

R. R. Montague

Laura Trachuk

J. A. Ronson

Representation vote directed in certification application despite responding party's section 8.1 notice regarding bargaining unit appropriateness.

The applicant trade union filed an application for certification.

The Board found that the applicant is a trade union and established sufficient membership support in its proposed bargaining unit to obtain a representation vote.

The responding party gave notice under section 8.1 of the Labour Relations Act, 1995, contending the proposed bargaining unit could not be appropriate.

The Board directed that a representation vote be taken and deferred the issue of the bargaining unit description to a post-vote hearing if necessary.

Industrial Wood & Allied Workers of Canada (I.W.A. – Canada), Local 2995 v. North Cochrane Addiction Services, 2000 CanLII 11274

Laura Trachuk

Application withdrawn pursuant to the agreement of the parties.

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

Pursuant to an agreement between the parties, the application was withdrawn.

Karen Guyatt v. Princess Gardens Employees Association and Princess Gardens Retirement Residence Inc., 2000 CanLII 6626

R. R. Montague

Laura Trachuk

J. A. Ronson

Request to adjourn hearing pending a related civil court motion denied.

In a series of certification applications where the CAW sought to replace the SEIU as bargaining agent, the Board scheduled a hearing to address the effect of a related civil action and interim court order.

The SEIU requested an adjournment of the hearing because of a further motion it planned to present to the Court.

The Board declined to grant the adjournment in advance, directing that the adjournment request could be addressed by the parties at the scheduled hearing.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Delhi Nursing Home, 2000 CanLII 13148

Laura Trachuk

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardApr 3, 2000

Representation vote ordered in displacement application, but ballot box sealed pending hearing on court injunction.

The applicant union filed a displacement application for certification.

The Board found the applicant to be a trade union and that it had sufficient membership support to warrant a representation vote.

The intervenor argued that a Superior Court injunction prevented the vote or required the ballot box to be sealed.

The Board ordered the representation vote to proceed but directed that the ballot box be sealed pending a hearing on the effect of the court order.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Trillium Villa Nursing Home, 2000 CanLII 8624

Laura Trachuk

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardApr 3, 2000

Responding party directed to file response within 10 days of receiving applicant's materials.

The applicant confirmed it provided all materials to the responding party and intervenor as directed.

The Board directed the responding party to file its response within 10 days of receiving the material.

Grand River Employees Association v. Service Employees International Union Local #220, 2000 CanLII 2731

Laura Trachuk

J. A. Ronson

D. A. Patterson