Laura Trachuk

OLRBOntario Labour Relations BoardMar 1, 2000

Application terminated after parties reached a settlement prior to the hearing.

The applicant filed an application against Canada Trust Realty Inc. and the Ministry of Labour.

Prior to the hearing, the parties reached a settlement of their dispute.

The adjudicator terminated the application accordingly.

Grace Hishon v. Canada Trust Realty Inc. and Ministry of Labour, 2000 CanLII 6271

Laura Trachuk

OLRBOntario Labour Relations BoardFeb 25, 2000

Board directs applicant to file submissions on whether duty of fair representation complaint is premature.

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

The union and the intervenor employer asserted that the application was premature because the applicant's termination grievance had been forwarded to arbitration, and the employer further claimed the applicant failed to plead facts supporting a violation.

The Board directed the applicant to file submissions addressing the requests to dismiss or adjourn the application and clarifying the alleged violations.

Green v. Canadian Auto Workers Union Local #222, 2000 CanLII 13352

Laura Trachuk

OLRBOntario Labour Relations BoardFeb 15, 2000

Application for review terminated following parties entering into Minutes of Settlement.

The applicant sought a review of a refusal to issue an order under section 68 of the Employment Standards Act.

The parties subsequently entered into Minutes of Settlement with the assistance of a Labour Relations Officer.

Pursuant to section 69.1(5) of the Act, the Board terminated the application.

Carol Ann Alexander v. Ministry of Health Operating Van Del Manor, 2000 CanLII 7212

Laura Trachuk

OLRBOntario Labour Relations BoardFeb 15, 2000

Employment standards file terminated pursuant to prior decision.

The Adjudicator/Referee ordered the termination of the employment standards file pursuant to a prior decision dated January 31, 2000.

Laurie Chalabardo v. National Bank of Canada and Ministry of Labour, 2000 CanLII 6195

Laura Trachuk

OLRBOntario Labour Relations BoardFeb 7, 2000

Hearing adjourned and rescheduled on consent of the parties.

The applicant union and responding parties agreed to adjourn the scheduled hearing date of February 22, 2000.

The Ontario Labour Relations Board granted the adjournment and rescheduled the hearing for May 24, June 29, and June 30, 2000.

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 12616

Laura Trachuk

OLRBOntario Labour Relations BoardFeb 7, 2000

Board issues declarations establishing bargaining agents for hospital employees pursuant to Minutes of Settlement.

The applicant hospital and the responding unions resolved outstanding issues regarding bargaining unit representation following a hospital amalgamation.

Pursuant to Minutes of Settlement, the Ontario Labour Relations Board issued declarations under the Public Sector Labour Relations Transition Act, 1997, establishing the Canadian Union of Public Employees as the bargaining agent for full-time and part-time service employees, and the Ontario Public Service Employees' Union as the bargaining agent for the technical bargaining unit.

The Scarborough Hospital v. Ontario Nurses’ Association, Local 111, 2000 CanLII 12440

Union decertified following a representation vote where a majority opposed the union.

The applicants filed an application to terminate the bargaining rights of the responding party union.

Following a representation vote where more than fifty per cent of the ballots were cast in opposition to the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of Famous Players Inc.

Binns v. Toronto Motion Picture Projectionists and Video Technicians Union, Local 173, 2000 CanLII 7365

R. R. Montague

Laura Trachuk

J. A. Rundle

Applications withdrawn by leave of the Board.

The applicant, CAW Local 385, sought to withdraw its applications against the responding party, Coca-Cola Bottling Ltd. The Ontario Labour Relations Board granted leave to withdraw the applications.

CAW Local 385 v. Coca-Cola Bottling Ltd., 2000 CanLII 7204

R. R. Montague

Laura Trachuk

J. A. Rundle

Board directs representation vote for employees of the Crisis Intervention Program.

The applicant trade union applied for certification to represent employees of the Crisis Intervention Program of the North Bay General Hospital.

The Board found that the applicant is a trade union and that the proposed bargaining unit is appropriate.

Based on the membership evidence filed, the Board directed that a representation vote be taken among the eligible employees.

Service Employees Union, Local 478 v. The Crisis Intervention Centre a division of North Bay General Hospital, 2000 CanLII 7200

R. R. Montague

Laura Trachuk

J. A. Rundle

Representation vote directed and ballots to be counted despite employer's section 8.1 notice.

The applicant trade union applied for certification to represent a bargaining unit of warehouse employees.

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

The majority of the Board found that the numerical difference between the parties was not significant and that the applicant had established sufficient membership support to obtain a representation vote and have it counted.

A representation vote was directed.

The dissenting Board member would have directed the ballot box to be sealed pursuant to section 8.1(4) of the Act.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Trebor Allan Inc., 2000 CanLII 10815

R. R. Montague

Laura Trachuk

J. A. Rundle

Representation vote directed in union certification application.

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

The Board found the applicant to be a trade union under the Labour Relations Act, 1995, and that the proposed bargaining unit could be appropriate.

Finding that at least forty percent of the individuals in the proposed unit were members of the union, the Board directed a representation vote to be held, with segregated ballots for disputed positions.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Forbes Ford Sales, 2000 CanLII 10857

Laura Trachuk

Request for reconsideration of decision regarding ergonomic assessment of transit buses denied.

The applicants requested reconsideration of a December 23, 1999 Board decision which declined to proceed with an appeal of an inspector's decision not to order an ergonomic assessment of RTS Nova Buses, as an assessment had already been completed.

The Board denied the request for reconsideration because the applicants did not provide any new arguments or evidence that were not available at the original hearing.

Workers Committee Members M. Bertoia, W. McNaught and J. Mullins, Danforth Joint Health and Safety Committee v. Toronto Transit Commission and Ministry of Labour, 2000 CanLII 13292

Laura Trachuk

Union certified as bargaining agent following successful representation vote.

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

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 Ontario Labour Relations Board certified the union as the bargaining agent for the agreed-upon bargaining unit.

Canadian Union of Public Employees v. The Corporation of the Municipality of Bayham, 2000 CanLII 10161

Laura Trachuk

Application withdrawn by leave of the Board.

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

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

Hotel Employees Restaurant Employees Union, Local 75 v. Clover Catering Division of 660910 Ontario Ltd., 2000 CanLII 6227

R. R. Montague

Laura Trachuk

J. A. Rundle

Board allows responding party to file submissions before deciding on orders without a hearing.

The applicant union filed an unfair labour practice application alleging the responding party failed to bargain in good faith.

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

The applicant requested that the Board make the requested orders without a hearing pursuant to Rule 41 of the Board's Rules of Procedure.

The Board decided to provide the responding party with an opportunity to file submissions regarding the applicant's request before making a final determination.

Hospitality & Service Trades Union, Local 261 v. ABM International Inc., 2000 CanLII 12162

Laura Trachuk

Application withdrawn by leave of the Board.

The applicant requested to withdraw the application.

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

Ron Pace v. International Brotherhood of Electrical Workers, Local 303, 2000 CanLII 7847

Laura Trachuk

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 cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

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.

Service Employees’ International Union, Local 210 v. Multicultural Council of Windsor and Essex County, 2000 CanLII 8086

Chris White

6 cases1993–2000

Laura Trachuk

OLRBOntario Labour Relations BoardFeb 2, 2000

Board issues consent orders adjourning related employer and unfair labour practice applications pursuant to settlement.

The applicant union filed applications under sections 1(4), 69, and 96 of the Labour Relations Act, 1995 against the university and several related entities.

Prior to the hearing, the parties entered into a Memorandum of Agreement to adjourn the applications for the term of the current collective agreement, after which they would be deemed withdrawn.

The agreement included provisions regarding the transfer of work, future collective bargaining, and a payment of $10,000 for the union's legal fees.

The Board issued consent orders reflecting the terms of the settlement and adjourned the applications.

University of Western Ontario Staff Association v. University of Western Ontario, 2000 CanLII 13499

Laura Trachuk

OLRBOntario Labour Relations BoardFeb 2, 2000

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

The applicant union applied for certification.

Following a representation vote where not more than 50% 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 dismissed the application.

A one-year bar on further certification applications by the applicant for this bargaining unit was imposed.

Christian Labour Association of Canada v. Canada Building Materials Company, 2000 CanLII 2462

Laura Trachuk