Marilyn Silverman

J. A. Ronson

H. Peacock

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

The applicant trade union filed an application for certification.

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 numerical difference between the parties was not significant and that the applicant established sufficient membership support to obtain a representation vote.

The Board ordered a representation vote, directing that ballots cast by individuals in disputed positions be segregated and not counted until further order.

A dissenting board member would have sealed the ballot box until the section 8.1 issues were resolved at a hearing.

Ontario Public Service Employees Union v. The Township of Bathurst, Burgess, Sherbrooke, 2000 CanLII 11025

Marilyn Silverman

J. A. Ronson

H. Peacock

Representation vote ordered in displacement certification application, but ballot box sealed pending timeliness dispute.

The applicant union filed a displacement application for certification.

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 intervenor alleged unfair labour practices and argued the application was untimely under section 7(4).

The Board found the applicant established sufficient membership support to order a representation vote.

However, due to the intervenor's timeliness objection, the Board directed that the ballot box be sealed until further order or agreement of the parties.

A dissenting Board member would have sealed the ballot box or delayed the vote until the section 8.1 issues were resolved.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. St. Joseph’s Care Group (Full Time Office & Clerical), 2000 CanLII 11745

Marilyn Silverman

J. A. Ronson

H. Peacock

Declaration terminating bargaining rights issued after union stated it no longer wished to represent employees.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party union no longer represents the employees in the bargaining unit.

The responding party stated it no longer wished to represent the employees.

Pursuant to section 63(17) of the Act, the Board issued a declaration terminating the union's bargaining rights.

Program for Assertive Community Treatment v. Ontario Nurses’ Association, 2000 CanLII 7986

Marilyn Silverman

Duty of fair representation complaint dismissed as the workplace was governed by federal law.

The applicant filed a duty of fair representation complaint against the union under section 96 of the Labour Relations Act, 1995.

The employer asserted that the workplace was governed by federal law.

The Board directed the applicant to file submissions on the jurisdictional issue.

The applicant failed to provide material or documentation to dispute the employer's position.

The application was dismissed for lack of jurisdiction.

Frieda (Kathy) Forbes v. CAW/TCA Canada, 2000 CanLII 13409

Marilyn Silverman

J. A. Ronson

H. Peacock

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

The applicant union applied for certification.

A representation vote was held, and not more than fifty percent 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.

United Food and Commercial Workers International Union v. Telespectrum Worldwide (Canada) Inc., 2000 CanLII 6194

Marilyn Silverman

J. A. Ronson

H. Peacock

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification.

Following a representation vote where more than fifty percent 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 certified the applicant as the bargaining agent for the agreed-upon bargaining unit of employees.

International Union of Operating Engineers, Local 772 v. Waste Recycling (Ottawa Hull) Inc., 2000 CanLII 3025

Marilyn Silverman

J. A. Ronson

H. Peacock

Representation vote ordered in displacement certification application with ballot box sealed pending timeliness dispute.

The applicant union filed a displacement application for certification.

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 to order a representation vote.

The intervenor raised several objections, including alleged unfair labour practices and untimeliness under section 7(4) of the Act.

The Board ordered the representation vote to proceed but directed that the ballot box be sealed pending resolution of the timeliness issue.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. St. Joseph’s General Hospital Sister Margaret Smith Centre, 2000 CanLII 11722

Marilyn Silverman

J. A. Ronson

H. Peacock

Representation vote ordered in certification application after union established sufficient membership support.

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

The Board found that the applicant established sufficient membership support to obtain a representation vote.

The Board directed that a representation vote be taken of the individuals in the proposed bargaining unit.

A dissenting Board member argued that the vote should not take place or the ballot box should be sealed until section 8.1 issues were resolved at a hearing.

Communications, Energy and Paperworkers Union of Canada v. Acorn Packaging, 2000 CanLII 8158

Marilyn Silverman

J. A. Ronson

H. Peacock

Representation vote ordered in displacement application with ballot box sealed pending resolution of timeliness issue.

The applicant union filed a displacement application for certification.

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

The Board found the applicant's proposed bargaining unit could be appropriate and that the applicant established sufficient membership support for a representation vote.

The intervenor raised several objections, including that the application was untimely under section 7(4).

The Board ordered a representation vote but directed that the ballot box be sealed pending resolution of the timeliness issue.

Board Member Ronson dissented, arguing no vote should take place until the section 8.1 issues are resolved.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. St. Joseph’s Care Group (Part Time Service), 2000 CanLII 11726

Marilyn Silverman

J. A. Ronson

H. Peacock

Representation vote ordered in displacement certification application, with ballot box sealed pending resolution of timeliness dispute.

The applicant union filed a displacement application for certification to represent a bargaining unit of part-time office and clerical employees currently represented by the intervenor.

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

The Board found the applicant established sufficient membership support to order a representation vote.

The intervenor raised several objections, including alleged unfair labour practices and untimeliness under section 7(4) of the Act.

The Board ordered the representation vote to proceed but directed that the ballot box be sealed pending resolution of the timeliness issue.

Board Member Ronson dissented, arguing the vote should not take place until the section 8.1 issues were resolved.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. St. Joseph’s Care Group (Part-Time Office & Clerical), 2000 CanLII 11725

Marilyn Silverman

Application withdrawn with leave of the Board following settlement between the parties.

The applicant sought to withdraw the application following a settlement entered into between the parties.

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

Israel Antonio Davila v. Wholesale and Retail Laundry and Dry Cleaners Union of London, 2000 CanLII 4580

Marilyn Silverman

J. A. Ronson

H. Peacock

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 were cast in favour of the applicant.

The Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for this bargaining unit.

United Food and Commercial Workers International Union Local 175 v. Thomas D. Reburn Ltd. c.o.b. as Leon’s Furniture, Peterborough, 2000 CanLII 9787

Marilyn Silverman

J. A. Ronson

H. Peacock

Union certified as bargaining agent following a successful representation vote.

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

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statement of desire to make representations filed, the Ontario Labour Relations Board certified the applicant as the bargaining agent for the agreed-upon bargaining unit.

Canadian Union of Public Employees v. 1278655 Ontario Inc. c.o.b. as Carleton Place Manor, 2000 CanLII 9429

Marilyn Silverman

J. A. Ronson

H. Peacock

Union decertified after majority of employees vote in opposition during representation vote.

The applicant brought an application to terminate the bargaining rights of the responding party union.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no statement of desire to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer.

Bart Johnson v. Union of Needletrades, Industrial and Textile Employees, AFL-CIO-CLC, 2000 CanLII 9379

Marilyn Silverman

J. A. Ronson

H. Peacock

Application for certification dismissed after union failed to secure majority support in representation vote.

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

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 Board imposed a one-year bar on further applications for certification by the applicant for the same bargaining unit.

Graphic Communications International Union, Local 500M v. Baker Graphic Inc., 2000 CanLII 5001

Marilyn Silverman

J. A. Ronson

H. Peacock

Representation vote ordered in displacement certification application, but ballot box sealed pending resolution of timeliness and bargaining unit disputes.

The applicant union filed a displacement application for certification.

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

The responding party disputed the bargaining unit estimate and gave notice under section 8.1 of the Labour Relations Act, 1995.

The intervenor raised several objections, including that the application was untimely under section 7(4).

The Board directed a representation vote but ordered the ballot box sealed pending resolution of the timeliness and section 8.1 issues.

Board Member Ronson dissented, arguing no vote should take place until the section 8.1 issues are resolved.

National Automobile, Aerospace, Transporation and General Workers’ Union of Canada (CAW-Canada) v. St. Joseph’s Care Group (Full Time Service), 2000 CanLII 11746

Marilyn Silverman

OLRBOntario Labour Relations BoardAug 24, 2000

Extension of time to file submissions granted.

The applicant requested an extension of time to file submissions.

The Ontario Labour Relations Board granted the request, extending the deadline to August 31, 2000.

Paul Bolt v. Maksteele Workers Association Committee and Masksteele Inc., 2000 CanLII 2019

Marilyn Silverman

OLRBOntario Labour Relations BoardAug 24, 2000

Extension of time to file response granted where applicant failed to serve all application materials.

The applicant filed an application under section 50 of the Occupational Health and Safety Act.

The responding party requested an extension of time to file its response, stating it had not been served with all the materials referenced in the application.

The Board directed the applicant to deliver the missing documents and granted the responding party an extension of 10 days from the date of delivery to file its response.

John Crane v. Wackenhut Security (Canada), 2000 CanLII 12011

Marilyn Silverman