Laura Trachuk

OLRBOntario Labour Relations BoardAug 14, 2001

The Board directed the applicant to file submissions explaining the remedy sought or face potential dismissal of her complaint.

The applicant filed a complaint against the union.

The union and intervenor requested the Board not inquire further because the applicant already achieved the remedy she sought (the union filed a grievance on her behalf).

The applicant failed to comply with a previous Board direction to respond to these requests and facts, only stating she would not consent to dismissal or withdrawal.

The Board gave the applicant one final opportunity to file submissions explaining the remedy sought and responding to the facts by August 24, 2001, failing which the Board would decide whether to inquire further based on the existing record.

Jennifer Hall v. International Association of Machinists and Areospace Workers, Lodge 2792, 2001 CanLII 7291

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

The applicant union filed an application before the Ontario Labour Relations Board.

On consent of the parties, the Board adjourned the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. The Georgian Group Inc., 2001 CanLII 17412

Laura Trachuk

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardAug 13, 2001

Hearing dates adjourned on consent of the parties.

The Ontario Labour Relations Board granted an adjournment of the hearing dates scheduled for August 29 and 30, 2001, on the consent of the parties.

The hearing was rescheduled to continue on various dates in October and November 2001.

Ontario Public Service Employees Union v. Gamma-Dynacare Medical Laboratories, 2001 CanLII 14632

Laura Trachuk

OLRBOntario Labour Relations BoardJul 27, 2001

Board directed applicant to file submissions responding to union's request to dismiss duty of fair representation complaint.

The applicant filed a duty of fair representation complaint under section 74 of the Labour Relations Act, 1995.

The responding union and an intervenor requested that the Board decline to inquire further, arguing that the applicant had already achieved her apparent remedy since two grievances had now been filed.

The Board directed the applicant to file submissions responding to this preliminary objection and clarifying the facts in dispute.

Jennifer Hall v. International Association of Machinists and Areospace Workers, Lodge 2792, 2001 CanLII 5295

Laura Trachuk

J. G. Knight

G. McMenemy

Motion to dismiss related employer and sale of business applications for insufficient particularization denied.

The responding parties requested that the applications under sections 69 and 1(4) of the Labour Relations Act, 1995 be dismissed against Spectrum Construction Services Inc., Columbia Chrome, and Cloutier's Machine Shop Limited on the grounds of insufficient particularization.

The Board found that the allegations were sufficient to proceed, given section 69(13) of the Act.

The Board amended the name of one responding party to Spectrum Construction and directed the applicant to serve the applications on that company.

The Board also directed the responding parties to produce all relevant documents.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Unions 628 and 800 v. R.L.P. Mechanical Ltd., 2001 CanLII 18938

Laura Trachuk

Request to add a claimant to an employment standards application denied due to delay and prejudice.

The applicant requested to add another claimant to the list of individuals it represents in an employment standards matter.

The Adjudicator/Referee denied the request, noting that the application was filed years ago, the deadline to advise of names had long passed, and adding a new claimant would require the responding parties to conduct further document searches, causing expense and inconvenience.

A Labour Relations Officer was appointed to attempt settlement.

All Employees Represented by the Toronto Enforcement Advocacy Model for Employment Standards (TEAMES) v. Filet of Sole Sea Grill Limited O/A Fred’s Not Here Steakhouse & Grill Filet of Sole The Red Tomato Restaurant, The Whistling Oyster Seafood Cafe and Ministry of Labour, 2001 CanLII 2764

Laura Trachuk

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardJul 25, 2001

Board rescheduled hearing dates for a union certification application to earlier dates.

The applicant union applied for certification, and a vote was held with the ballot box sealed pending resolution of disputes over the geographic scope of the unit and status issues.

The Board issued a procedural decision to reschedule the hearing dates to earlier dates in 2001, cancelling the previously scheduled dates in 2002.

Ontario Public Service Employees Union v. Gamma-Dynacare Medical Laboratories, 2001 CanLII 15312

Laura Trachuk

Request for a one-year certification bar dismissed after union withdrew application prior to representation vote.

The union applied for certification but withdrew its application prior to a representation vote after reviewing the employer's response, which indicated a significantly larger bargaining unit than the union had estimated.

The employer requested that the Board impose a one-year bar on the union under section 7(9) of the Labour Relations Act, 1995, arguing the application was a mere reconnaissance.

The Board declined to impose a bar, noting its practice is to permit withdrawals prior to a vote without a bar except in rare circumstances of multiple applications.

The Board found no prejudice to the employer and noted that imposing a bar would be counterproductive given that the application would likely have been dismissed under section 8.1 without a bar had it proceeded to a vote.

United Steelworkers of America v. Graphic Controls Canada Limited, 2001 CanLII 7107

Laura Trachuk

Duty of fair representation complaint regarding mandatory long-term disability plan dismissed for failing to disclose a prima facie case.

The applicant filed an unfair labour practice complaint alleging the responding union breached its duty of fair representation under section 74 of the Labour Relations Act.

The applicant objected to the mandatory long-term disability plan negotiated by the union and sought reimbursement of premiums paid before he was permitted to opt out.

The Board exercised its discretion to dismiss the application without a hearing, finding that the negotiation of a benefits plan is an internal union matter.

The applicant failed to plead facts demonstrating that the union acted arbitrarily, discriminatorily, or in bad faith in its representation of him vis-a-vis the employer.

Vince Tassone v. Ontario English Catholic Teachers’ Association, 2001 CanLII 7818

Laura Trachuk

OLRBOntario Labour Relations BoardJul 18, 2001

Employer ordered to pay $3,300.28 in damages for late remittances after failing to respond.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

The responding party employer failed to file any material.

The Board determined the matter based solely on the applicant's submissions and ordered the responding party to pay $3,300.28 in damages for late payment of remittances.

Sheet Metal Workers’ International Association, Local 30 v. Atlantic HVAC Systems Ltd., 2001 CanLII 2366

Laura Trachuk

J. A. Rundle

H. Peacock

Union certification granted following a successful representation vote among nursing staff.

The applicant union applied for certification to represent registered and graduate nurses employed by the responding hospital.

Following a representation vote where more than fifty per cent 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 ordered that a certificate issue to the applicant.

Ontario Nurses’ Association v. Haldimand War Memorial Hospital, 2001 CanLII 14089

Laura Trachuk

J. A. Rundle

H. Peacock

Intervenor union declared bargaining agent following a sale of business representation vote.

The applicant union brought an application under section 69 of the Labour Relations Act, 1995 regarding a sale of business from the Midland Public Utilities Commission to the Corporation of the Town of Midland.

Following a Board declaration that a sale of business and intermingling of employees had occurred, a representation vote was held between the applicant and the intervenor union.

The majority of ballots were cast in favour of the intervenor.

The Board declared the intervenor as the bargaining agent for the affected employees.

International Brotherhood of Electrical Workers, Local 636 v. The Corporation of the Town of Midland, 2001 CanLII 13903

Laura Trachuk

J. A. Rundle

H. Peacock

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

The applicant union filed an application for certification.

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

The employees will continue to be represented by the intervenor union.

Education Support Staff Association (ESSA) v. York Region District School Board, 2001 CanLII 5117

Laura Trachuk

J. G. Knight

G. McMenemy

Second certification application terminated as inappropriate while first application for same unit remained pending.

The applicant union filed a second application for certification for the same bargaining unit while its first application was still pending and a representation vote had already been held.

The applicant filed the second application on a day when several employees whose status it challenged were required to attend a Board hearing, arguing they were not at work and thus ineligible to vote in the second application.

The Board exercised its discretion under section 111(3)(c) of the Labour Relations Act to not entertain the second application, finding it inappropriate to have two concurrent applications for the same unit and noting concerns with the applicant's tactical filing date.

The application was terminated.

Allied Construction Employees Local 1030 v. Arista Homes Limited, 2001 CanLII 5087

Laura Trachuk

J. A. Rundle

H. Peacock

Application withdrawn with leave of the Board.

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

The Board granted leave to withdraw the application.

Brenda Dayball v. S.E.I.U. Local 220, 2001 CanLII 4835

Laura Trachuk

G. Pickell

A. Haward

Deadline to file Request for Hearing and Notice of Intent to Defend/Participate extended.

The Ontario Labour Relations Board issued a procedural direction extending the deadline for the responding party or any intervenor to file their Request for Hearing and Notice of Intent to Defend/Participate to July 16, 2001.

Lake Ontario District Council, United Brotherhood of Carpenters and Joiners of America v. Canbuild Management Services Limited, 2001 CanLII 19437

Laura Trachuk

Ministry of Labour directed to advise Board on status of collection from attachment order.

The applicant filed an application for review under section 68 of the Employment Standards Act.

The applicant provided a letter indicating the Ministry of Labour collected $2,269.81 from its account through an attachment order.

The Ministry advised it was holding $387.37 in trust.

The Board directed the Ministry to advise whether it had collected the outstanding amount from Order to Pay 61102.

1372715 Ontario Inc., Niagara Shoe Manufacturing v. Kari Reid, 2001 CanLII 15654

Laura Trachuk

Time limit extended for filing an application for review of an Employment Standards Officer's decision.

The applicant sought a review of an Employment Standards Officer's decision not to issue an Order to Pay.

The application was filed approximately two and a half weeks late.

The Board exercised its discretion under section 68(4) of the Employment Standards Act to extend the time limits, deeming the application timely.

Ali Zulfiqar v. Acme Group of Companies, 2001 CanLII 13570

Laura Trachuk

J. A. Rundle

H. Peacock

Union application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

United Food and Commercial Workers International Union, Local 175 v. Specialty Care Inc. and Woods Park Care Centre Inc., 2001 CanLII 10826

Laura Trachuk

Employment and Labour Law

Default judgment granted against employer for unpaid union remittances; damages and costs awarded.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit contributions and deductions.

The responding party failed to file a response.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the responding party violated the collective agreement, ordered payment of $12,262.08 in outstanding remittances and $214.00 in costs, and directed the applicant to file further submissions regarding its claim for liquidated damages and penalties.

Sheet Metal Workers’ International Association, Local 30 v. Atlantic Hvac Systems Ltd., 2001 CanLII 7486

appearing on her own behalf

Clair DimuantesSelf-represented
1 appearance

appearing on his own behalf

Samuel Ofosu AnsahSelf-represented
1 appearance

Employment Standards Officer

Kim ElliottAgent
1 appearance

for AAHP:O

Bob FileUnion representative
1 appearance
Catherine BowmanUnion representative
1 appearance
Cynthia WilkeyCounsel
1 appearance
Lynn KeaysUnion representative
1 appearance
Susan UrselCounsel
1 appearance

for Association of Allied Health Professionals: Ontario

Chris Luscombe-MillsUnion representative
1 appearance
Maureen FraserUnion representative
1 appearance
Susan UrselCounsel
1 appearance
Sylvia DavisCounsel
1 appearance

for Brewery, General & Professional Workers Union

John McNameeCounsel
1 appearance

for Canada Trust Realty Inc.

Bonnie McTaggartAgent
1 appearance
Gene BaillargeonAgent
1 appearance
James B. NoonanAgent
1 appearance

for Canadian Union of Public Employees

Betty SommersUnion representative
1 appearance
Doreen BeathUnion representative
1 appearance
Martha RansCounsel
1 appearance

for Canadian Union of Public Employees, Local 5555

B. RollingsUnion representative
1 appearance
B. SheehanUnion representative
1 appearance
D. IuonochkoUnion representative
1 appearance
G. HewittUnion representative
1 appearance

for CAW

Leslie ManciniUnion representative
1 appearance

for Christian Labour Association of Canada

Ed PypkerUnion representative
1 appearance
Elizabeth ForsterCounsel
1 appearance

for Comcare Independent Living Inc., and Durham Association for Family Respite

Glenn ChristieCounsel
1 appearance

for CUPE

D. IvanochkoUnion representative
1 appearance
James RobbinsCounsel
1 appearance
John BeltonUnion representative
1 appearance
S. DankertUnion representative
1 appearance

for CUPE and its locals

Mark GallinaUnion representative
1 appearance

for CUPE, Local 1473

B. SheehanUnion representative
1 appearance
D. BroadbentUnion representative
1 appearance
K. AthertonUnion representative
1 appearance
K. HemingUnion representative
1 appearance

for Dolce International (London) Inc.

L. DaSilvaAgent
1 appearance

for Durham Access to Care

Jennie PickardCounsel
1 appearance
Maureen HoustonCounsel
1 appearance
Tom OlesonCounsel
1 appearance

for Falconbridge

Doug HamiltonAgent
1 appearance
John ChenierAgent
1 appearance
Mike SiemerAgent
1 appearance

for Falconbridge Ltd.

Doug HamiltonAgent
1 appearance
John ChenierAgent
1 appearance
Mike SiemerAgent
1 appearance

for Foundation Western Incorporated

Lorraine PorAgent
1 appearance

for HERE Local 75

John NelsonUnion representative
1 appearance
Melissa KronickCounsel
1 appearance

for Independent Canadian Transit Union

Cindy ReadUnion representative
1 appearance
Dilip Yoga SundramUnion representative
1 appearance
Nelson RolandCounsel
1 appearance

for IUOE Local 796

Bernard FishbeinCounsel
1 appearance
F NeweyUnion representative
1 appearance

for Ivey Management Services and Richard Ivey School of Business Foundation

Chris WhiteCounsel
1 appearance

for Labourers’ International Union of North America, Local 506

John MozynskiCounsel
1 appearance
Tony CornachiceCounsel
1 appearance

for London Museum of Archaeology, London and Middlesex Heritage Museum, and Spencer Hall Foundation Inc.

A. LittleAgent
1 appearance

for Loveday Kitchens and Renovations Inc.

Gail LovedayAgent
1 appearance
Peter LovedayAgent
1 appearance

for Mark Lichti

John LloydAgent
1 appearance
Mark LichtiSelf-represented
1 appearance
Sonya LichtiAgent
1 appearance

for Merchant Supply Services

Hasely WatsonAgent
1 appearance

for Metro Cab Associates Committee

Daniel HissonAgent
1 appearance
Robert A. StewartCounsel
1 appearance

for Metro Cab Company Limited

Brian CavanaghCounsel
1 appearance
Mark StoneCounsel
1 appearance

for Metro Concrete Floors (1990) Inc.

Jay RiderCounsel
1 appearance
Nunzio DiLecceCounsel
1 appearance

for Ministry of Labour

Deanna ExnerCounsel
1 appearance
Laurie EisenbergCounsel
1 appearance
Rick KulyskiAgent
1 appearance
Stephen MasonAgent
1 appearance

for ONA

Carol PerosierUnion representative
1 appearance
Larraine HarperUnion representative
1 appearance
Pauline Lefebvre-HintonUnion representative
1 appearance

for Ontario Elementary Teachers' Federation Professional Support Personnel

John (Jack) LapumUnion representative
1 appearance

for Ontario Nurses' Association

Lorraine RobertsonUnion representative
1 appearance
Pauline Lefebvre-HintonUnion representative
1 appearance

for Ontario Public Service Employees Union

Bill McNicolUnion representative
1 appearance
David WrightCounsel
1 appearance
Kelly WaddinghamCounsel
1 appearance
Richard BlairCounsel
1 appearance
Roger HaleyUnion representative
1 appearance

for Operative Plasterers’, Cement Masons’ Restoration Steeplejacks International Association of the United States and Canada, Union Local 598

Michael A. ChurchCounsel
1 appearance
Nini JonesCounsel
1 appearance
Steve ZarichCounsel
1 appearance

for OPSEU

Connie HuziakUnion representative
1 appearance
David WrightCounsel
1 appearance
Frank RecnegalUnion representative
1 appearance
Gayle LebansUnion representative
1 appearance
Marilyn YoudenUnion representative
1 appearance
Pat CollyerUnion representative
1 appearance
Richard BlairUnion representative
1 appearance

for OPSEU, Local 320

David WrightUnion representative
1 appearance
Dollera LandyUnion representative
1 appearance
Don StewartUnion representative
1 appearance
Ed OgibowskiUnion representative
1 appearance
Jamie McAndieUnion representative
1 appearance

for ParaMed Home Health Care

Sandy TannerCounsel
1 appearance

for Partners in Communities Nursing

Carol NelsonCounsel
1 appearance
David WakelyCounsel
1 appearance
Theresa HendersonCounsel
1 appearance

for Resnick & Company

A. ResnickAgent
1 appearance
Randall D. TelfordCounsel
1 appearance

for responding party employer

Jeff HewittAgent
1 appearance
Karen RobertsAgent
1 appearance
Marzena DodolakAgent
1 appearance
Sean TaylorAgent
1 appearance

for Saint Elizabeth Health Care

Nancy HawkesCounsel
1 appearance
Peter ChauvinCounsel
1 appearance

for SEIU 268

Darlene BelluzUnion representative
1 appearance

for SEIU Local 204

Allen FerensUnion representative
1 appearance
Deborah ElliottUnion representative
1 appearance
Ida FyfeUnion representative
1 appearance
Jennifer BavorstockUnion representative
1 appearance
Maria MiguezUnion representative
1 appearance
Sean FitzpatrickCounsel
1 appearance
Sean FitzpatrickUnion representative
1 appearance
Tom SteersUnion representative
1 appearance

for SEIU Local 210

Carol DemersUnion representative
1 appearance
Cathy RyanUnion representative
1 appearance
E.R. DurhamUnion representative
1 appearance
Joan McIntyreUnion representative
1 appearance
Ray DrouillardUnion representative
1 appearance

for SEIU Local 220

Barbara FlemingUnion representative
1 appearance
Gwen GouldUnion representative
1 appearance
Ian FellowsUnion representative
1 appearance
Robert BuchananUnion representative
1 appearance
Wendy UhligUnion representative
1 appearance

for Service Employees' Union, Local 478

Sandra ZvlerUnion representative
1 appearance
Sean FitzpatrickUnion representative
1 appearance
Suzanne SavilleUnion representative
1 appearance

for Solid Wood Research Inc.

Wolfgang GerickeAgent
1 appearance
Derek L. RogersCounsel
1 appearance
Yves FricotCounsel
1 appearance

for Stelco Inc. (Hilton Works)

Robert LittleCounsel
1 appearance

for Sunnybrook Hospital Employees Union Local 777

M. Kate StephensonCounsel
1 appearance
Michael PhillipsUnion representative
1 appearance
RajAnandCounsel
1 appearance

for Sysco Foodservice of Ontario

Linda GordonCounsel
1 appearance
Pan BeardCounsel
1 appearance
S.C. BernardoCounsel
1 appearance

for the appellant

David JacobsCounsel
1 appearance
Warren SmithCounsel
1 appearance
Seema LambaCounsel
1 appearance
Dave LumsdenCounsel
1 appearance

for the appellants

Ernie TaylorUnion representative
1 appearance
Moe DurocherUnion representative
1 appearance

for the applicant

Mike McCrearyUnion representative
2 appearances
Brando ParisCounsel
2 appearances
Barry BrownCounsel
2 appearances
Caroline MattleyAgent
1 appearance
Chris BoschUnion representative
1 appearance
Claude LedouxAgent
1 appearance
C. McQuarrieCounsel
1 appearance
C. WhiteCounsel
1 appearance
D. AbuanCounsel
1 appearance
Dale FisherCounsel
1 appearance
Daniel FogelAgent
1 appearance
Daniel UblanskyCounsel
1 appearance
Dan PerrySelf-represented
1 appearance
Dan SalvarinasCounsel
1 appearance
Darlene ChislettSelf-represented
1 appearance
Daryl W. AlvaroSelf-represented
1 appearance
Dave ClarkAgent
1 appearance
Dave DuncanCounsel
1 appearance
Dave MichorCounsel
1 appearance
David MorrisonAgent
1 appearance

for the Applicant

Gordon KottlerAgent
1 appearance
John SteadmanSelf-represented
1 appearance

for the applicants

Barry GoldmanAgent
1 appearance
Cheryl SweigerSelf-represented
1 appearance
Christopher SchiffmannCounsel
1 appearance
Claude SeguinUnion representative
1 appearance
C. SweigerAgent
1 appearance
Glen PeaceAgent
1 appearance
Helen NolanCounsel
1 appearance
James FysheCounsel
1 appearance
Jeffrey M. AndrewCounsel
1 appearance
Jim MullinsSelf-represented
1 appearance
J. MullinsSelf-represented
1 appearance
Kuldip SinghUnion representative
1 appearance
M. BertoiaSelf-represented
1 appearance
Nabil CharbelUnion representative
1 appearance
Peter McFawnSelf-represented
1 appearance
P. McFawnAgent
1 appearance
Ross BennettAgent
1 appearance
R. Ross DunsmoreCounsel
1 appearance
Samara B. KaplanCounsel
1 appearance
W McNaughtSelf-represented
1 appearance

for the Centre for Addiction and Mental Health

Daryn JeffriesCounsel
1 appearance
Rhoda BeecherCounsel
1 appearance
Robert BlewettCounsel
1 appearance
Roy C. FilionCounsel
1 appearance

for the City

Ms. KaplanCounsel
1 appearance

for the Employer

Ron ZakkaiAgent
1 appearance

for the group of employees

A lyre LeclercAgent
1 appearance
C. J. AbbassCounsel
1 appearance
David McGillAgent
1 appearance
John RangerAgent
1 appearance
Norm WatersAgent
1 appearance

for the intervenor

Donna M. D’AndreaCounsel
2 appearances
Stephen J. ShamieCounsel
2 appearances
Heather MacLeanCounsel
2 appearances
Nini JonesCounsel
2 appearances
Vince MeliCounsel
2 appearances
Diane 0'RourkeAgent
1 appearance
Doug HamondUnion representative
1 appearance
Douglas J. WrayCounsel
1 appearance
Erin KtizzAgent
1 appearance
Erin KuzzCounsel
1 appearance
Erin R. KuzzCounsel
1 appearance
Jennifer LambAgent
1 appearance
J. James NymanCounsel
1 appearance
Joanne DoucetAgent
1 appearance
John AmanUnion representative
1 appearance
John BarrackCounsel
1 appearance
Justin WintleAgent
1 appearance
Kong ChenCounsel
1 appearance
Lorenzo LisiCounsel
1 appearance
Mark LawrieAgent
1 appearance

for the Intervenor

Mr. WrayCounsel
1 appearance
J. RasoCounsel
1 appearance

for the intervenors

Oriana LazzaroCounsel
1 appearance
William AndersonCounsel
1 appearance

for The John Robarts Research Institute

D.R. AtkinsonAgent
1 appearance

for the Ministry of Labour

Bruce ArnottCounsel
3 appearances
Murray KleinCounsel
2 appearances
Karima ChaturCounsel
2 appearances
Doug KariamCounsel
1 appearance
Dwayne MittelstaedtAgent
1 appearance
Frank CamilleriAgent
1 appearance
Heidi Anne Lazar-MeynCounsel
1 appearance
Heidi Lazar-MeynCounsel
1 appearance
Karima ChaturAgent
1 appearance
L. EisenbergCounsel
1 appearance
Mark AlchukCounsel
1 appearance
Mircho MirchevCounsel
1 appearance
M. KleinCounsel
1 appearance
Mr. KleinCounsel
1 appearance
Nadia ElgoharyAgent
1 appearance
Paul EddyCounsel
1 appearance
Richard HousenCounsel
1 appearance
Rick KulyskiAgent
1 appearance
Robert SindingAgent
1 appearance
Stephen MasonCounsel
1 appearance

for the Non-Union Employees

David BurnsCounsel
1 appearance

for the ONA

Elizabeth McintyreCounsel
1 appearance
Beverly MednickCounsel
1 appearance
Holly WilsonCounsel
1 appearance
Pauline Lefebvre-HintonCounsel
1 appearance

for the responding employer

Ron A. LeClairAgent
1 appearance
Linda McDonaldAgent
1 appearance
Martin J. AddarioCounsel
1 appearance

for the responding parties

Ed GloverAgent
1 appearance
Greg PollockUnion representative
1 appearance
Howard GoldblattCounsel
1 appearance
Kate HughesCounsel
1 appearance
Ray BurnellSelf-represented
1 appearance
K. R. ValinCounsel
1 appearance
Larry StaplesAgent
1 appearance
Mark GoulardAgent
1 appearance
Peter CaldwellSelf-represented
1 appearance
Ms. VilleneuveAgent
1 appearance
Carl HearnSelf-represented
1 appearance
David A. BroadCounsel
1 appearance

for the responding parties Meadowcroft Holdings Inc., c.o.b. as Execu-Care Nursing Services and Meadowcroft Limited Partnership, c.o.b. as Meadowcroft Place (Guelph)

Wesley EmersonCounsel
1 appearance

for the responding party

Cindy ThompsonCounsel
2 appearances
Connie HuziakCounsel
2 appearances
Frank InglisCounsel
2 appearances
Howard GoldblattCounsel
2 appearances
Joseph LibermanCounsel
2 appearances
Gavin LeebCounsel
2 appearances
David WrightCounsel
2 appearances
David ClarkeCounsel
1 appearance
David ConnAgent
1 appearance
David CowlingCounsel
1 appearance
David DeansCounsel
1 appearance
D. HiscocksCounsel
1 appearance
Domenic DonatoAgent
1 appearance
Don CaseyAgent
1 appearance
Don FlynnUnion representative
1 appearance
Donna CampbellAgent
1 appearance
Doug DunsmuirCounsel
1 appearance
D. WrayCounsel
1 appearance
Ed GloverAgent
1 appearance
Alan HjorthCounsel
1 appearance

for the responding party employer

Roland JardineAgent
1 appearance

for the responding party employers

Angela RaeCounsel
1 appearance
Fred LukCounsel
1 appearance

For the Responding Party United Steelworkers of America

Marie KellyUnion representative
1 appearance

for the SEIU, Local 204

Mary CornishCounsel
1 appearance
Robert DavidsonCounsel
1 appearance

for the Union

Michael P. O’BrienUnion representative
1 appearance

for Toronto Transit Commission

Dan HaffyAgent
1 appearance
Douglas R. GrayCounsel
1 appearance
Scott WilliamsAgent
1 appearance
Shelagh QuigleyAgent
1 appearance

for United Food and Commercial Workers International Union, Local 175

Georgina WattsUnion representative
1 appearance
Jim BradshawUnion representative
1 appearance
Libbie PearsonUnion representative
1 appearance
Ray BromleyUnion representative
1 appearance

for UWO

Peter MercerAgent
1 appearance

for UWOSA

Susan DesmondUnion representative
1 appearance

for Victorian Order of Nurses (Durham)

Kari AbramsCounsel
1 appearance

for Windermere Manor Ltd. and University of Western Ontario Research Park Inc.

David BrownAgent
1 appearance

for York Condominium Corporation 506

Evelyn HaidenschusterAgent
1 appearance
Lisa S. GoodfellowCounsel
1 appearance
Washington BrooksAgent
1 appearance

on his own behalf

Barry NevinSelf-represented
1 appearance
Byron GreenSelf-represented
1 appearance
John NearySelf-represented
1 appearance
John-Paul BetzSelf-represented
1 appearance
Michael WilliamsSelf-represented
1 appearance
Nandlal GoocoolSelf-represented
1 appearance
Terry KellySelf-represented
1 appearance

533

Decisions

Years active

Tribunals

5.4

cases/mo

OLRB533(100%)

Decision types

motion

385

trial

appeal

/Adjudicator

Laura Trachuk — Vice-Chair

Administrative Law

Other Tribunals

Construction Law

Laura Trachuk

Vice-Chair·Ontario Labour Relations Board·Since 1993

533

cases · 9 yrs · OLRB

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 256Vice-Chair· 125Vice-Chair· 124Adjudicator/Referee· 20Vice Chair· 2Vice-Chair· Chair· 2Vice-Chair· Chair· 1for the Board· 1

Laura Trachuk

OLRBOntario Labour Relations BoardAug 14, 2001

The Board directed the applicant to file submissions explaining the remedy sought or face potential dismissal of her complaint.

The applicant filed a complaint against the union.

The union and intervenor requested the Board not inquire further because the applicant already achieved the remedy she sought (the union filed a grievance on her behalf).

The applicant failed to comply with a previous Board direction to respond to these requests and facts, only stating she would not consent to dismissal or withdrawal.

Jennifer Hall v. International Association of Machinists and Areospace Workers, Lodge 2792, 2001 CanLII 7291

Laura Trachuk

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardAug 13, 2001

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

The applicant union filed an application before the Ontario Labour Relations Board.

On consent of the parties, the Board adjourned the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. The Georgian Group Inc., 2001 CanLII 17412

Laura Trachuk

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardAug 13, 2001

Hearing dates adjourned on consent of the parties.

The Ontario Labour Relations Board granted an adjournment of the hearing dates scheduled for August 29 and 30, 2001, on the consent of the parties.

The hearing was rescheduled to continue on various dates in October and November 2001.

Ontario Public Service Employees Union v. Gamma-Dynacare Medical Laboratories, 2001 CanLII 14632

Laura Trachuk

OLRBOntario Labour Relations BoardJul 27, 2001

Board directed applicant to file submissions responding to union's request to dismiss duty of fair representation complaint.

The applicant filed a duty of fair representation complaint under section 74 of the Labour Relations Act, 1995.

The Board directed the applicant to file submissions responding to this preliminary objection and clarifying the facts in dispute.

Jennifer Hall v. International Association of Machinists and Areospace Workers, Lodge 2792, 2001 CanLII 5295

Laura Trachuk

J. G. Knight

G. McMenemy

Motion to dismiss related employer and sale of business applications for insufficient particularization denied.

The Board found that the allegations were sufficient to proceed, given section 69(13) of the Act.

The Board amended the name of one responding party to Spectrum Construction and directed the applicant to serve the applications on that company.

The Board also directed the responding parties to produce all relevant documents.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Unions 628 and 800 v. R.L.P. Mechanical Ltd., 2001 CanLII 18938

Laura Trachuk

Request to add a claimant to an employment standards application denied due to delay and prejudice.

The applicant requested to add another claimant to the list of individuals it represents in an employment standards matter.

A Labour Relations Officer was appointed to attempt settlement.

All Employees Represented by the Toronto Enforcement Advocacy Model for Employment Standards (TEAMES) v. Filet of Sole Sea Grill Limited O/A Fred’s Not Here Steakhouse & Grill Filet of Sole The Red Tomato Restaurant, The Whistling Oyster Seafood Cafe and Ministry of Labour, 2001 CanLII 2764

Laura Trachuk

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardJul 25, 2001

Board rescheduled hearing dates for a union certification application to earlier dates.

The applicant union applied for certification, and a vote was held with the ballot box sealed pending resolution of disputes over the geographic scope of the unit and status issues.

The Board issued a procedural decision to reschedule the hearing dates to earlier dates in 2001, cancelling the previously scheduled dates in 2002.

Ontario Public Service Employees Union v. Gamma-Dynacare Medical Laboratories, 2001 CanLII 15312

Laura Trachuk

Request for a one-year certification bar dismissed after union withdrew application prior to representation vote.

The employer requested that the Board impose a one-year bar on the union under section 7(9) of the Labour Relations Act, 1995, arguing the application was a mere reconnaissance.

The Board declined to impose a bar, noting its practice is to permit withdrawals prior to a vote without a bar except in rare circumstances of multiple applications.

United Steelworkers of America v. Graphic Controls Canada Limited, 2001 CanLII 7107

Laura Trachuk

Duty of fair representation complaint regarding mandatory long-term disability plan dismissed for failing to disclose a prima facie case.

The applicant filed an unfair labour practice complaint alleging the responding union breached its duty of fair representation under section 74 of the Labour Relations Act.

The applicant objected to the mandatory long-term disability plan negotiated by the union and sought reimbursement of premiums paid before he was permitted to opt out.

The Board exercised its discretion to dismiss the application without a hearing, finding that the negotiation of a benefits plan is an internal union matter.

The applicant failed to plead facts demonstrating that the union acted arbitrarily, discriminatorily, or in bad faith in its representation of him vis-a-vis the employer.

Vince Tassone v. Ontario English Catholic Teachers’ Association, 2001 CanLII 7818

Laura Trachuk

OLRBOntario Labour Relations BoardJul 18, 2001

Employer ordered to pay $3,300.28 in damages for late remittances after failing to respond.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

The responding party employer failed to file any material.

The Board determined the matter based solely on the applicant's submissions and ordered the responding party to pay $3,300.28 in damages for late payment of remittances.

Sheet Metal Workers’ International Association, Local 30 v. Atlantic HVAC Systems Ltd., 2001 CanLII 2366

Laura Trachuk

J. A. Rundle

H. Peacock

Union certification granted following a successful representation vote among nursing staff.

The applicant union applied for certification to represent registered and graduate nurses employed by the responding hospital.

Ontario Nurses’ Association v. Haldimand War Memorial Hospital, 2001 CanLII 14089

Laura Trachuk

J. A. Rundle

H. Peacock

Intervenor union declared bargaining agent following a sale of business representation vote.

Following a Board declaration that a sale of business and intermingling of employees had occurred, a representation vote was held between the applicant and the intervenor union.

The majority of ballots were cast in favour of the intervenor.

The Board declared the intervenor as the bargaining agent for the affected employees.

International Brotherhood of Electrical Workers, Local 636 v. The Corporation of the Town of Midland, 2001 CanLII 13903

Laura Trachuk

J. A. Rundle

H. Peacock

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

The applicant union filed an application for certification.

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

The employees will continue to be represented by the intervenor union.

Education Support Staff Association (ESSA) v. York Region District School Board, 2001 CanLII 5117

Laura Trachuk

J. G. Knight

G. McMenemy

Second certification application terminated as inappropriate while first application for same unit remained pending.

The applicant union filed a second application for certification for the same bargaining unit while its first application was still pending and a representation vote had already been held.

The application was terminated.

Allied Construction Employees Local 1030 v. Arista Homes Limited, 2001 CanLII 5087

Laura Trachuk

J. A. Rundle

H. Peacock

Application withdrawn with leave of the Board.

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

The Board granted leave to withdraw the application.

Brenda Dayball v. S.E.I.U. Local 220, 2001 CanLII 4835

Laura Trachuk

G. Pickell

A. Haward

Deadline to file Request for Hearing and Notice of Intent to Defend/Participate extended.

Lake Ontario District Council, United Brotherhood of Carpenters and Joiners of America v. Canbuild Management Services Limited, 2001 CanLII 19437

Laura Trachuk

Ministry of Labour directed to advise Board on status of collection from attachment order.

The applicant filed an application for review under section 68 of the Employment Standards Act.

The applicant provided a letter indicating the Ministry of Labour collected $2,269.81 from its account through an attachment order.

The Ministry advised it was holding $387.37 in trust.

The Board directed the Ministry to advise whether it had collected the outstanding amount from Order to Pay 61102.

1372715 Ontario Inc., Niagara Shoe Manufacturing v. Kari Reid, 2001 CanLII 15654

Laura Trachuk

Time limit extended for filing an application for review of an Employment Standards Officer's decision.

The applicant sought a review of an Employment Standards Officer's decision not to issue an Order to Pay.

The application was filed approximately two and a half weeks late.

The Board exercised its discretion under section 68(4) of the Employment Standards Act to extend the time limits, deeming the application timely.

Ali Zulfiqar v. Acme Group of Companies, 2001 CanLII 13570

Laura Trachuk

J. A. Rundle

H. Peacock

Union application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

United Food and Commercial Workers International Union, Local 175 v. Specialty Care Inc. and Woods Park Care Centre Inc., 2001 CanLII 10826

Laura Trachuk