Laura Trachuk

G. Pickell

A. Haward

Applicant directed to file submissions responding to objections regarding a duplicative certification application.

The applicant filed an application for certification in the construction industry.

The responding party and intervenor objected to the Board proceeding with the application because a previous application for the same bargaining unit was still pending with outstanding issues.

The Board directed the applicant to file submissions in response to the objections before deciding whether to order a representation vote.

Allied Construction Employees Local 1030 v. Arista Homes Limited, 2001 CanLII 15337

Laura Trachuk

G. Pickell

A. Haward

Grievance application adjourned sine die on consent of the parties.

The applicant union filed a grievance against the responding party.

On agreement of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Star West Plaster & Cement Finishing Inc., 2001 CanLII 12022

Laura Trachuk

Employment standards appeal terminated for failure to file proper application forms within the required time limit.

The applicant sent a letter via facsimile indicating a desire to file an appeal.

The Board provided the proper application form and advised that it must be filed within 10 working days, and that facsimile transmission was not permitted.

The applicant failed to file a proper application within the time limit.

The Board terminated the application.

1420594 Ontario Inc. o/a Scarboro Blue Ribbon Foods Ltd. v. Ministry of Labour, 2001 CanLII 9513

Laura Trachuk

G. Pickell

A. Haward

Board ordered related grievance and related employer applications to be heard together and abridged response time.

The applicant union filed a grievance referral under section 133 of the Labour Relations Act, 1995, and subsequently filed a related application under sections 69 and 1(4) of the Act.

The union requested that the two applications be heard together.

The Ontario Labour Relations Board found it appropriate to schedule the related applications together for the upcoming hearing date and abridged the time for the responding parties to file their responses.

Carpenters and Allied Workers Local 27 v. International Group Construction, 2001 CanLII 9471

Laura Trachuk

G. Pickell

A. Haward

Application adjourned sine die on consent of the parties.

The applicant union and responding employer agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if no request to proceed is made.

International Brotherhood of Electrical Workers, Local 894 v. Triple D Electro Services Ltd., 2001 CanLII 6111

Laura Trachuk

Employment Standards Act application terminated pursuant to section 69.1(5).

The applicant filed an application under the Employment Standards Act.

The Ontario Labour Relations Board terminated the application pursuant to section 69.1(5) of the Act.

Lynn J. Farrell v. St. Thomas Cemetery Company and Ministry of Labour, 2001 CanLII 5992

Laura Trachuk

Application withdrawn on agreement of the parties.

The applicant filed an application against the responding party union, with the employer intervening.

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

Paul Fortin v. I.W.A. Canada, Local 1-2995, 2001 CanLII 19508

Laura Trachuk

Responding parties directed to file submissions in response to applicant's correspondence.

The Adjudicator/Referee directed the responding party employer and the Ministry of Labour to file their submissions in response to the applicant's correspondence by July 13, 2001.

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, 2001 CanLII 19002

Laura Trachuk

Board directed applicant to file submissions responding to union's preliminary objections in fair representation complaint.

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

The union requested that the Board dismiss the application on the grounds that it was premature, failed to disclose a prima facie case, and sought a remedy outside the Board's jurisdiction.

The Board directed the applicant to file submissions responding to the union's preliminary objections and to clarify the status of his insurance plan dispute.

Vince Tassone v. Ontario English Catholic Teachers’ Association, 2001 CanLII 15044

Laura Trachuk

Employment standards review resolved by settlement; funds held in trust returned to employer.

The applicant employer sought a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the Director in trust to disburse the held wages of $7,507.20 back to the employer, with the administration fee retained by the Consolidated Revenue Fund.

The matter was deemed terminated subject to any request by the Ministry of Labour to relist.

St. Helen’s Meat Packers Limited v. Treleven, 2001 CanLII 11149

Laura Trachuk

OLRBOntario Labour Relations BoardJun 28, 2001

Scheduled hearing cancelled as parties agreed to proceed by written submissions.

The parties to a ministerial reference agreed to have the matter determined on the basis of written submissions.

The Ontario Labour Relations Board cancelled the scheduled hearing date.

Canadian Union of Public Employees and its Local 2119-01 v. Carleton Place Manor, 2001 CanLII 8873

Laura Trachuk

Request to dismiss labour transition application without a hearing denied for lack of supporting facts.

The applicant union filed an application under the Public Sector Labour Relations Transition Act.

In its response, the responding union requested that the application be dismissed without a consultation hearing, asserting that the circumstances did not give rise to the relief applied for.

The Board denied the request to dismiss, noting that the responding union failed to provide any facts or reasons to support its claim.

The application was ordered to proceed in the normal course.

Ontario Public Service Employees Union v. Windsor Regional Hospital, 2001 CanLII 17253

Laura Trachuk

Application withdrawn at the request of the applicant.

The applicant requested to withdraw its application against the responding party.

The Ontario Labour Relations Board granted the request and ordered the application withdrawn.

United Steelworkers of America v. Graphic Printing Roller Ltd., 2001 CanLII 11718

Laura Trachuk

Request to bar union from filing another certification application after pre-vote withdrawal denied.

The applicant union withdrew its application for certification prior to a representation vote being held.

The responding party employer requested that the applicant be barred from filing another application for certification for a period of one year.

The Board considered the parties' submissions and declined to impose a bar, noting that this decision is consistent with the Board's practice and jurisprudence.

Further reasons were to follow.

United Steelworkers of America v. Graphic Controls Canada Limited, 2001 CanLII 5647

Samara B. Kaplan

R. Ross Dunsmore

11 cases1982–2011

Larry Staples

Ken Knoflook

Jim Simmons

In Private Practice102 cases1984–2025

Howard Goldblatt

Henry Watson

Bruce Carpenter

Laura Trachuk

OLRBMajority (Wrote the majority reasons)0 cases1993–2001

Board lacks jurisdiction to determine managerial status of firefighters already designated as managerial by the employer.

The employer City applied to the Board to determine whether certain platoon chiefs exercised managerial functions under section 54(2) of the Fire Protection and Prevention Act, despite having already designated them as managerial exclusions under section 54(4).

The Association objected, arguing the Board lacked jurisdiction to determine the status of designated individuals.

The Board agreed with the Association, finding that the Act provides two mutually exclusive routes for managerial exclusions.

Because the individuals were already conclusively deemed to be exercising managerial functions by virtue of the employer's designation, there was no 'question' for the Board to determine.

The application was permitted to proceed only with respect to non-designated persons.

City of Hamilton v. Hamilton Professional Fire Fighters Association, 2001 CanLII 3646

Laura Trachuk

J. A. Ronson

OLRBDissenting0 cases1980–2001

D. A. Patterson

OLRBMajority0 cases1986–2001

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

The applicant trade union applied for certification.

The employer gave notice under section 8.1 of the Labour Relations Act, 1995, disputing the union's estimate of the number of employees in the proposed bargaining unit.

The majority of the Board found the numerical difference between the parties was not significant and ordered a representation vote to be taken and counted.

Board Member Ronson dissented, arguing that section 8.1(4) required the ballot box to be sealed when an employer gives such notice.

IWA - Canada v. 2002034 Ontario Inc. c.o.b. as Chateau Cornwall Retirement Centre, 2001 CanLII 17587

Laura Trachuk

Time for responding party and intervenor to file responses extended to July 3, 2001.

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

The Board issued a brief decision extending the deadline for the responding party and any intervenor to file their responses to July 3, 2001.

Paul Roth v. C.A.W. 1256, 2001 CanLII 8144

Laura Trachuk

J. A. Ronson

D. A. Patterson

Representation vote directed in union certification application despite 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 for a representation vote and directed that a vote be taken.

The Board deferred the determination of whether certain individuals exercise managerial functions or are employed in a confidential capacity to a post-vote hearing.

IWA - Canada v. Innovative Converting Inc., 2001 CanLII 20441

Laura Trachuk

J. A. Ronson

D. A. Patterson

Employment and Labour Law

Application withdrawn at the request of the applicant.

The applicant union requested to withdraw its application against the responding hospital.

The Ontario Labour Relations Board granted the request and ordered the application withdrawn.

Service Employees International Union, Local 220 v. Norfolk General Hospital, 2001 CanLII 12142

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

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

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

for Canadian Union of Public Employees

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

for Canadian Union of Public Employees, Local 5555

B. SheehanUnion representative
1 appearance
G. HewittUnion representative
1 appearance
D. IuonochkoUnion representative
1 appearance
B. RollingsUnion 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
John BeltonUnion representative
1 appearance
S. DankertUnion representative
1 appearance
James RobbinsCounsel
1 appearance

for CUPE and its locals

Mark GallinaUnion representative
1 appearance

for CUPE, Local 1473

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

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

for Falconbridge Ltd.

John ChenierAgent
1 appearance
Doug HamiltonAgent
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

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

for Merchant Supply Services

Hasely WatsonAgent
1 appearance

for Metro Cab Associates Committee

Robert A. StewartCounsel
1 appearance
Daniel HissonAgent
1 appearance

for Metro Cab Company Limited

Mark StoneCounsel
1 appearance
Brian CavanaghCounsel
1 appearance

for Metro Concrete Floors (1990) Inc.

Jay RiderCounsel
1 appearance
Nunzio DiLecceCounsel
1 appearance

for Ministry of Labour

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

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

for Ontario Public Service Employees Union

Roger HaleyUnion representative
1 appearance
Kelly WaddinghamCounsel
1 appearance
David WrightCounsel
1 appearance
Richard BlairCounsel
1 appearance
Bill McNicolUnion 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
Steve ZarichCounsel
1 appearance
Nini JonesCounsel
1 appearance

for OPSEU

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

for OPSEU, Local 320

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

for ParaMed Home Health Care

Sandy TannerCounsel
1 appearance

for Partners in Communities Nursing

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

for Resnick & Company

A. ResnickAgent
1 appearance
Randall D. TelfordCounsel
1 appearance

for responding party employer

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

for Saint Elizabeth Health Care

Peter ChauvinCounsel
1 appearance
Nancy HawkesCounsel
1 appearance

for SEIU 268

Darlene BelluzUnion representative
1 appearance

for SEIU Local 204

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

for SEIU Local 210

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

for SEIU Local 220

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

for Service Employees' Union, Local 478

Sean FitzpatrickUnion representative
1 appearance
Sandra ZvlerUnion 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

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

for Sysco Foodservice of Ontario

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

for the appellant

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

for the appellants

Ernie TaylorUnion representative
1 appearance
Moe DurocherUnion representative
1 appearance

for the applicant

Barry BrownCounsel
2 appearances
Mike McCrearyUnion representative
2 appearances
Brando ParisCounsel
2 appearances
S. EadieCounsel
1 appearance
Robin CookeCounsel
1 appearance
Mike WalshCounsel
1 appearance
Mark GallinaCounsel
1 appearance
Elizabeth LongCounsel
1 appearance
Andre DragonSelf-represented
1 appearance
Glen ChochlaUnion representative
1 appearance
Elizabeth McIntyreCounsel
1 appearance
Mike McCrearyAgent
1 appearance
Gabe LandryUnion representative
1 appearance
Frank TuscoUnion representative
1 appearance
Luiza MonteiroUnion representative
1 appearance
Ian WalkerAgent
1 appearance
C. McQuarrieCounsel
1 appearance
Caroline MattleyAgent
1 appearance
Jim SimmonsUnion representative
1 appearance
Paul PughUnion representative
1 appearance

for the Applicant

Gordon KottlerAgent
1 appearance
John SteadmanSelf-represented
1 appearance

for the applicants

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

for the Centre for Addiction and Mental Health

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

for the City

Ms. KaplanCounsel
1 appearance

for the Employer

Ron ZakkaiAgent
1 appearance

for the group of employees

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

for the intervenor

Donna M. D’AndreaCounsel
2 appearances
Nini JonesCounsel
2 appearances
Heather MacLeanCounsel
2 appearances
Stephen J. ShamieCounsel
2 appearances
Vince MeliCounsel
2 appearances
Ruth GriepsmaAgent
1 appearance
Paul TeepleAgent
1 appearance
Peigi RossCounsel
1 appearance
Dan HaffeyCounsel
1 appearance
John AmanUnion representative
1 appearance
J. James NymanCounsel
1 appearance
Justin WintleAgent
1 appearance
Cara MartinCounsel
1 appearance
Noella NesdolyAgent
1 appearance
Steve WakefieldCounsel
1 appearance
Mark LawrieAgent
1 appearance
Doug HamondUnion representative
1 appearance
B. RussellCounsel
1 appearance
Erin KtizzAgent
1 appearance
Melissa KronickCounsel
1 appearance

for the Intervenor

Mr. WrayCounsel
1 appearance
J. RasoCounsel
1 appearance

for the intervenors

William AndersonCounsel
1 appearance
Oriana LazzaroCounsel
1 appearance

for The John Robarts Research Institute

D.R. AtkinsonAgent
1 appearance

for the Ministry of Labour

Bruce ArnottCounsel
3 appearances
Karima ChaturCounsel
2 appearances
Murray KleinCounsel
2 appearances
Dwayne MittelstaedtAgent
1 appearance
L. EisenbergCounsel
1 appearance
Nadia ElgoharyAgent
1 appearance
Chris BandaraAgent
1 appearance
Stephen MasonCounsel
1 appearance
M. KleinCounsel
1 appearance
Debbie BeasleyCounsel
1 appearance
Mircho MirchevCounsel
1 appearance
Richard HousenCounsel
1 appearance
Brian BlumenthalCounsel
1 appearance
Doug KariamCounsel
1 appearance
Bridget LynettCounsel
1 appearance
Heidi Anne Lazar-MeynCounsel
1 appearance
Anna FlieglCounsel
1 appearance
Frank CamilleriAgent
1 appearance
Rick KulyskiAgent
1 appearance
Paul EddyCounsel
1 appearance

for the Non-Union Employees

David BurnsCounsel
1 appearance

for the ONA

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

for the responding employer

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

for the responding parties

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

Connie HuziakCounsel
2 appearances
Howard GoldblattCounsel
2 appearances
Cindy ThompsonCounsel
2 appearances
Gavin LeebCounsel
2 appearances
Joseph LibermanCounsel
2 appearances
Frank InglisCounsel
2 appearances
David WrightCounsel
2 appearances
Robert HealeyCounsel
1 appearance
George KanickCounsel
1 appearance
David DeansCounsel
1 appearance
Domenic DonatoAgent
1 appearance
Paula TurtleAgent
1 appearance
Sean FitzpatrickCounsel
1 appearance
Lisa S. GoodfellowCounsel
1 appearance
Elizabeth J. ForsterCounsel
1 appearance
Pat McDonaldAgent
1 appearance
Micheil RussellUnion representative
1 appearance
Scott WilliamsCounsel
1 appearance
Rick ArmourAgent
1 appearance
Henry WatsonAgent
1 appearance

for the responding party employer

Roland JardineAgent
1 appearance

for the responding party employers

Fred LukCounsel
1 appearance
Angela RaeCounsel
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

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

for United Food and Commercial Workers International Union, Local 175

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

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

G. Pickell

A. Haward

Board declined to dismiss certification application without a hearing after applicant changed voter list position.

The applicant union applied for certification in the construction industry.

Following a representation vote, the applicant initially challenged all names on the voter's list but later agreed that five individuals were in the bargaining unit.

The intervenor objected to this change in position and sought dismissal of the application.

The matter was referred to the Registrar to schedule a hearing.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Chislett Asphalt Roofing Ltd., 2001 CanLII 4083

Laura Trachuk

G. Pickell

A. Haward

Applicant directed to file submissions responding to objections regarding a duplicative certification application.

The applicant filed an application for certification in the construction industry.

The responding party and intervenor objected to the Board proceeding with the application because a previous application for the same bargaining unit was still pending with outstanding issues.

The Board directed the applicant to file submissions in response to the objections before deciding whether to order a representation vote.

Allied Construction Employees Local 1030 v. Arista Homes Limited, 2001 CanLII 15337

Laura Trachuk

G. Pickell

A. Haward

Grievance application adjourned sine die on consent of the parties.

The applicant union filed a grievance against the responding party.

On agreement of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Star West Plaster & Cement Finishing Inc., 2001 CanLII 12022

Laura Trachuk

Employment standards appeal terminated for failure to file proper application forms within the required time limit.

The applicant sent a letter via facsimile indicating a desire to file an appeal.

The Board provided the proper application form and advised that it must be filed within 10 working days, and that facsimile transmission was not permitted.

The applicant failed to file a proper application within the time limit.

The Board terminated the application.

1420594 Ontario Inc. o/a Scarboro Blue Ribbon Foods Ltd. v. Ministry of Labour, 2001 CanLII 9513

Laura Trachuk

G. Pickell

A. Haward

Board ordered related grievance and related employer applications to be heard together and abridged response time.

The applicant union filed a grievance referral under section 133 of the Labour Relations Act, 1995, and subsequently filed a related application under sections 69 and 1(4) of the Act.

The union requested that the two applications be heard together.

Carpenters and Allied Workers Local 27 v. International Group Construction, 2001 CanLII 9471

Laura Trachuk

G. Pickell

A. Haward

Application adjourned sine die on consent of the parties.

The applicant union and responding employer agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if no request to proceed is made.

International Brotherhood of Electrical Workers, Local 894 v. Triple D Electro Services Ltd., 2001 CanLII 6111

Laura Trachuk

Employment Standards Act application terminated pursuant to section 69.1(5).

The applicant filed an application under the Employment Standards Act.

The Ontario Labour Relations Board terminated the application pursuant to section 69.1(5) of the Act.

Lynn J. Farrell v. St. Thomas Cemetery Company and Ministry of Labour, 2001 CanLII 5992

Laura Trachuk

Application withdrawn on agreement of the parties.

The applicant filed an application against the responding party union, with the employer intervening.

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

Paul Fortin v. I.W.A. Canada, Local 1-2995, 2001 CanLII 19508

Laura Trachuk

Responding parties directed to file submissions in response to applicant's correspondence.

The Adjudicator/Referee directed the responding party employer and the Ministry of Labour to file their submissions in response to the applicant's correspondence by July 13, 2001.

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, 2001 CanLII 19002

Laura Trachuk

Board directed applicant to file submissions responding to union's preliminary objections in fair representation complaint.

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

The union requested that the Board dismiss the application on the grounds that it was premature, failed to disclose a prima facie case, and sought a remedy outside the Board's jurisdiction.

The Board directed the applicant to file submissions responding to the union's preliminary objections and to clarify the status of his insurance plan dispute.

Vince Tassone v. Ontario English Catholic Teachers’ Association, 2001 CanLII 15044

Laura Trachuk

Employment standards review resolved by settlement; funds held in trust returned to employer.

The applicant employer sought a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the Director in trust to disburse the held wages of $7,507.20 back to the employer, with the administration fee retained by the Consolidated Revenue Fund.

The matter was deemed terminated subject to any request by the Ministry of Labour to relist.

St. Helen’s Meat Packers Limited v. Treleven, 2001 CanLII 11149

Laura Trachuk

OLRBOntario Labour Relations BoardJun 28, 2001

Scheduled hearing cancelled as parties agreed to proceed by written submissions.

The parties to a ministerial reference agreed to have the matter determined on the basis of written submissions.

The Ontario Labour Relations Board cancelled the scheduled hearing date.

Canadian Union of Public Employees and its Local 2119-01 v. Carleton Place Manor, 2001 CanLII 8873

Laura Trachuk

Request to dismiss labour transition application without a hearing denied for lack of supporting facts.

The applicant union filed an application under the Public Sector Labour Relations Transition Act.

In its response, the responding union requested that the application be dismissed without a consultation hearing, asserting that the circumstances did not give rise to the relief applied for.

The Board denied the request to dismiss, noting that the responding union failed to provide any facts or reasons to support its claim.

The application was ordered to proceed in the normal course.

Ontario Public Service Employees Union v. Windsor Regional Hospital, 2001 CanLII 17253

Laura Trachuk

Application withdrawn at the request of the applicant.

The applicant requested to withdraw its application against the responding party.

The Ontario Labour Relations Board granted the request and ordered the application withdrawn.

United Steelworkers of America v. Graphic Printing Roller Ltd., 2001 CanLII 11718

Laura Trachuk

Request to bar union from filing another certification application after pre-vote withdrawal denied.

The applicant union withdrew its application for certification prior to a representation vote being held.

The responding party employer requested that the applicant be barred from filing another application for certification for a period of one year.

The Board considered the parties' submissions and declined to impose a bar, noting that this decision is consistent with the Board's practice and jurisprudence.

Further reasons were to follow.

United Steelworkers of America v. Graphic Controls Canada Limited, 2001 CanLII 5647

Samara B. Kaplan

R. Ross Dunsmore

11 cases1982–2011

Larry Staples

Ken Knoflook

Jim Simmons

In Private Practice102 cases1984–2025

Howard Goldblatt

Henry Watson

Bruce Carpenter

Laura Trachuk

OLRBMajority (Wrote the majority reasons)0 cases1993–2001

Board lacks jurisdiction to determine managerial status of firefighters already designated as managerial by the employer.

The Association objected, arguing the Board lacked jurisdiction to determine the status of designated individuals.

The Board agreed with the Association, finding that the Act provides two mutually exclusive routes for managerial exclusions.

Because the individuals were already conclusively deemed to be exercising managerial functions by virtue of the employer's designation, there was no 'question' for the Board to determine.

The application was permitted to proceed only with respect to non-designated persons.

City of Hamilton v. Hamilton Professional Fire Fighters Association, 2001 CanLII 3646

Laura Trachuk

J. A. Ronson

OLRBDissenting0 cases1980–2001

D. A. Patterson

OLRBMajority0 cases1986–2001

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

The applicant trade union applied for certification.

The employer gave notice under section 8.1 of the Labour Relations Act, 1995, disputing the union's estimate of the number of employees in the proposed bargaining unit.

The majority of the Board found the numerical difference between the parties was not significant and ordered a representation vote to be taken and counted.

Board Member Ronson dissented, arguing that section 8.1(4) required the ballot box to be sealed when an employer gives such notice.

IWA - Canada v. 2002034 Ontario Inc. c.o.b. as Chateau Cornwall Retirement Centre, 2001 CanLII 17587

Laura Trachuk

Time for responding party and intervenor to file responses extended to July 3, 2001.

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

The Board issued a brief decision extending the deadline for the responding party and any intervenor to file their responses to July 3, 2001.

Paul Roth v. C.A.W. 1256, 2001 CanLII 8144

Laura Trachuk

J. A. Ronson

D. A. Patterson

Representation vote directed in union certification application despite 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 for a representation vote and directed that a vote be taken.

The Board deferred the determination of whether certain individuals exercise managerial functions or are employed in a confidential capacity to a post-vote hearing.

IWA - Canada v. Innovative Converting Inc., 2001 CanLII 20441

Laura Trachuk

J. A. Ronson

D. A. Patterson