Laura Trachuk

OLRBOntario Labour Relations BoardJun 26, 2001

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

Application withdrawn at the request of the applicant.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The Ontario Labour Relations Board granted the request and ordered the application withdrawn.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

Laura Trachuk

OLRBOntario Labour Relations BoardJun 22, 2001

Board orders production of resident charts subject to strict confidentiality conditions.

The applicant sought the production of packages of charts relating to four residents.

The Ontario Labour Relations Board ordered the responding party, Extendicare Inc., to produce the charts to the other parties.

The Board directed that the information contained in the charts be held in the strictest confidence and not be disclosed to anyone not directly involved in the hearing.

Ontario Nurses’ Association v. West Park Hospital, 2001 CanLII 18873

R. R. Montague

Laura Trachuk

J. A. Rundle

OLRBOntario Labour Relations BoardJun 20, 2001

Board denied request for expedited hearing of interim order application but scheduled all matters together.

The applicant union filed an application for an interim order and requested an expedited hearing, along with two applications under section 96 of the Labour Relations Act, 1995.

The Ontario Labour Relations Board declined to abridge the timelines and set the interim order application down for an expedited hearing.

However, the Board scheduled all three applications to be heard together on a specified date.

Communications, Energy and Paperworkers Union, Local 593 v. Petro-Canada, 2001 CanLII 14075

R. R. Montague

Laura Trachuk

J. A. Rundle

OLRBOntario Labour Relations BoardJun 20, 2001

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

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots cast by employees in the bargaining unit were in favour of the applicant.

The Ontario Labour Relations Board dismissed the application and noted the potential application of the one-year bar under section 10(3) of the Act for any subsequent applications.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. IKEA Canada Limited Partnership, 2001 CanLII 15040

R. R. Montague

Laura Trachuk

J. A. Rundle

Application withdrawn on consent of the parties.

The applicant union filed an application against the responding party municipality.

Pursuant to the agreement of the parties, the Ontario Labour Relations Board ordered the application withdrawn.

Teamsters Local Union 91 v. The Corporation of the City of Clarence-Rockland, 2001 CanLII 15894

R. R. Montague

Laura Trachuk

J. A. Rundle

Application withdrawn pursuant to the agreement of the parties.

The applicant union filed an application against the Crown in Right of Ontario.

Pursuant to an agreement between the parties, the Ontario Labour Relations Board ordered the application withdrawn.

Ontario Public Service Employees’ Union v. The Crown in Right of Ontario (Management Board of Cabinet and Ministry of Correctional Services), 2001 CanLII 20488

R. R. Montague

Laura Trachuk

J. A. Rundle

Application withdrawn by the Board pursuant to the agreement of the parties.

The applicant union and responding employer reached an agreement to withdraw the application.

The Ontario Labour Relations Board ordered the application withdrawn pursuant to the parties' agreement.

Sudbury Mine Mill and Smelter Workers Union Local 598 (CAW-Canada) v. Falconbridge Limited, 2001 CanLII 16039

R. R. Montague

Laura Trachuk

J. A. Rundle

Application withdrawn on agreement of the parties.

The applicant, International Brotherhood of Electrical Workers, Local 115, filed an application with the Ontario Labour Relations Board against the responding party, Cable Electric Services Inc. Pursuant to the agreement of the parties, the application was withdrawn.

International Brotherhood of Electrical Workers, Local 115 v. Cable Electric Services Inc. operating as Cable Electric, 2001 CanLII 12776

Laura Trachuk

Board extends the deadline for unions to file responses to June 27, 2001.

In applications under sections 21, 22, or 23 of the Public Sector Labour Relations Transition Act, counsel for the United Food and Commercial Workers Union, Local 333 requested an extension of time to file a response.

The Ontario Labour Relations Board granted the request, extending the deadline for any unions that received copies of the applications on May 14, 2001, to respond by June 27, 2001.

The Corporation of the City of Hamilton v. Canadian Union of Public Employees, Local 1041, 2001 CanLII 13170

R. R. Montague

Laura Trachuk

J. A. Rundle

Application withdrawn pursuant to the agreement of the parties.

The applicant union filed an application before the Ontario Labour Relations Board against the responding party employer.

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

United Food and Commercial Workers International Union, Local 175 v. Famous Players Inc. Silver City Yorkdale, 2001 CanLII 15241

R. R. Montague

Laura Trachuk

J. A. Rundle

Union certification application dismissed after failing to secure more than 50% of representation vote.

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots cast by employees in the bargaining unit were in favour of the applicant.

The Ontario Labour Relations Board dismissed the application and cancelled previously set meeting and hearing dates.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Complex Services Inc., 2001 CanLII 16642

R. R. Montague

Laura Trachuk

J. A. Rundle

Application withdrawn pursuant to the agreement of the parties.

The applicant filed an application against the responding party union.

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

Blake Cromwell v. Bakery, Confectionery, Tobacco Workers and Grain Millers Union Local Union 242, 2001 CanLII 18537

R. R. Montague

Laura Trachuk

J. A. Rundle

Board orders representation vote in displacement application for certification and declines to seal ballot box.

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

The responding party employer 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 held.

The Board declined to seal the ballot box, deferring the employer's objections regarding the bargaining unit description and defective forms to a post-vote hearing.

One Board Member dissented, arguing that section 8.1(4) required the ballot box to be sealed and that the voting constituency should be limited to the scope clause in the current collective agreement.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Sysco Foodservice of Ontario, 2001 CanLII 15740

R. R. Montague

Laura Trachuk

J. A. Rundle

Consent order issued terminating union's bargaining rights and incorporating settlement payment for security guards.

The applicant union and responding employer reached Minutes of Settlement regarding a first collective agreement and a strike that began in June 1999.

The employer agreed to pay $5,780 to be distributed among seven employees, whose employment was terminated.

The union consented to the termination of its bargaining rights for the security guards.

The Ontario Labour Relations Board issued a consent order incorporating the settlement and declaring that the union no longer represents the security guards.

United Steelworkers of America v. Carleton Condominium Corporation #25, 2001 CanLII 3506

Laura Trachuk

OLRBOntario Labour Relations BoardJun 18, 2001

Responding party ordered to produce records of employment for claimants.

The applicant, representing employees, requested disclosure of records of employment from the responding party company.

The adjudicator reviewed the submissions and ordered the responding party to produce the records of employment for the claimants by June 29, 2001.

All Employees Represented by TEAMES v. Filet of Sole Sea Grill Limited, 2001 CanLII 17788

Tim Gleason

112 cases2000–2026

S. C. Bernardo

42 cases1980–2001

Pan Beard

1 case2001–2001

Linda Gordon

2 cases2001–2001

Elizabeth Forster

19 cases1980–2015

Laura Trachuk

OLRBOntario Labour Relations BoardJun 11, 2001

Early termination of collective agreement granted with a three-month open period to allow rival union organizing.

The employer and the incumbent union filed a joint application for early termination of their collective agreement.

A rival union, the CAW, sought to intervene, objecting to the termination without an open period as it was conducting an organizing campaign.

The applicants argued the CAW's intervention was improperly served and that it had not proven it represented employees.

The Board allowed the intervention, finding the CAW had a real interest and had presented satisfactory evidence of representation.

To preserve employees' statutory rights to change their bargaining agent, the Board granted the early termination but imposed a three-month open period.

Sysco Foodservice of Ontario v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), 2001 CanLII 8201

Laura Trachuk

OLRBOntario Labour Relations BoardJun 11, 2001

Union's request to dismiss duty of fair representation complaint without consultation denied.

The applicant filed a duty of fair representation complaint against the union for withdrawing her grievance regarding disciplinary warnings.

The union requested that the application be dismissed without a consultation, arguing it did not disclose a prima facie case and was premature.

The Board declined to dismiss the application, noting that the withdrawn grievance included a final warning that was not adequately explained by the union's response, and that warnings must be grieved in a timely manner.

The application was directed to be processed in the normal course.

Debbie Nomm v. Canadian Union of Public Employees, Local 1823, 2001 CanLII 16624

Laura Trachuk

J. G. Knight

OLRB0 cases1998–2001

G. McMenemy

OLRBOntario Labour Relations BoardJun 1, 2001

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

The applicant union and responding employers agreed to adjourn the grievance 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 party requests to proceed.

International Brotherhood of Electrical Workers, Local 353 v. Midtown Enterprises Limited/Zenith Electric Limited, 2001 CanLII 12177

Laura Trachuk