Mary Anne McKellar

Proceeding terminated following a memorandum of settlement and representation vote regarding a sale of business.

The applicant union applied for a declaration of a sale of business under section 69 of the Labour Relations Act following the creation of a new transit authority.

The parties entered into a memorandum of settlement agreeing to a bargaining unit description and a representation vote between two unions.

Following a representation vote in which the applicant union won the majority, the Board terminated the proceeding in accordance with the settlement.

Canadian Union of Public Employees, Local 129 v. Corporation of the City of Pickering, 2001 CanLII 19547

Mary Anne McKellar

Duty of fair representation complaint dismissed without a hearing as union's representation was reasonable.

The applicant filed a complaint alleging that her union breached its duty of fair representation under section 74 of the Labour Relations Act during her termination grievance arbitration.

The union and the employer requested that the application be dismissed without a hearing.

The Board found that the union's decisions, including not hiring a lawyer and not calling certain witnesses whose evidence would not have altered the outcome, were reasonable and did not constitute arbitrary, discriminatory, or bad faith conduct.

The application was dismissed.

Cynthia Ababio v. Canadian Union of Public Employees Local 967, 2001 CanLII 9319

Proceeding to be deemed terminated unless parties request relisting after one-year adjournment.

The Board noted that more than a year had elapsed since the matter was adjourned pending conciliation.

The Board directed the parties to advise by October 26, 2001, if they wished to have the proceeding relisted for hearing, failing which it would be deemed terminated.

Jean Tweed Treatment Centre v. Canadian Union of Public Employees, 2001 CanLII 6495

Mary Anne McKellar

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Byron LeBlanc v. Stelco Inc., Hilton Works, 2001 CanLII 17742

Mary Anne McKellar

Application terminated for late filing and incomplete contact information under Rule 15.

The applicant filed an application alleging a breach of section 74 of the Labour Relations Act, 1995.

The application was delivered to the responding parties but was not filed with the Board within the five-day time limit required by Rule 14 of the Board's Rules of Procedure.

Additionally, the application lacked sufficient contact information for the responding trade union.

Consequently, the Board terminated the application pursuant to Rule 15, without prejudice to the applicant's ability to file a fresh application in compliance with the Rules.

Raymond Bernicky v. BFI Canada Inc. and Teamsters Union Local #880, 2001 CanLII 6421

Mary Anne McKellar

OLRBMajority (Wrote the majority reasons)0 cases1992–2019

Union's request to dismiss duty of fair representation complaints without a hearing denied.

The applicants filed duty of fair representation complaints against the union regarding the settlement of group classification grievances.

The union and the intervenor employer requested that the applications be dismissed without a hearing for failing to state a prima facie case.

The Board found that while the union provided a detailed and plausible explanation for its conduct, the applicants' allegations had enough substance to preclude dismissing the applications at the preliminary stage.

The request to dismiss was denied and the matters were referred for consultation.

Scott v. Power Workers’ Union CUPE Local 1000 - CLC, 2001 CanLII 20793

Mary Anne McKellar

J. A. Rundle

OLRBDissenting0 cases1986–2001

D. A. Patterson

OLRBMajority0 cases1986–2001

Representation vote ordered in certification application; majority declined to seal ballot box despite section 8.1 notice.

The applicant trade union applied 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 majority of the Board found that the applicant established sufficient membership support to obtain a representation vote and directed that a vote be taken.

The majority did not order the ballot box sealed.

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

Teamsters International Union, Local 847, AFL-C10-CLC v. MSB Plastic, 2001 CanLII 17038

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

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

The Canadian Union of Public Employees applied for certification.

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

As a result, the Ontario Labour Relations Board dismissed the application for certification.

Canadian Union of Public Employees v. The Wexford Residence Inc., 2001 CanLII 16151

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Applications for certification withdrawn with leave of the Board.

The applicant union sought leave to withdraw its applications for certification after a representation vote had been directed.

The Ontario Labour Relations Board granted leave and the applications were withdrawn.

Canadian University Workers Union (C.U.W.) v. McMaster University, 2001 CanLII 9769

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Board directs representation vote for proposed bargaining unit of security services employees.

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

The Board found the applicant to be a trade union under the Labour Relations Act, 1995.

Having determined that the proposed bargaining unit was appropriate and that at least forty percent of the individuals in the unit were members of the union, the Board directed that a representation vote be taken.

United Steelworkers of America v. Lyndon Security Services Inc., 2001 CanLII 9476

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Representation vote directed and ballot box sealed in certification application due to bargaining unit dispute.

The applicant union applied for certification to represent employees of the Town of East Gwillimbury.

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

The Board found the applicant's proposed unit could be appropriate and directed a representation vote, ordering that the ballot box be sealed and the votes not counted until the Board orders otherwise due to the significant numerical difference between the parties' estimates.

Canadian Union of Public Employees v. The Town of East Gwillimbury, 2001 CanLII 9248

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Union certified as bargaining agent following successful representation vote and agreement on bargaining unit.

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, the parties agreed on the appropriate bargaining unit description.

The Ontario Labour Relations Board issued a certificate to the applicant union for the agreed-upon bargaining unit.

Teamsters Local Union No. 230 v. Sure-Way Metal Products Limited, 2001 CanLII 3411

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

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

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

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

Celestino Antunes v. International Association of Machinists and Aerospace Workers, 2001 CanLII 19314

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Application withdrawn with leave of the Board.

The applicants, McMaster University Staff Association and Maureen Lennon, filed an application against McMaster University.

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

McMaster University Staff Association and Maureen Lennon v. McMaster University, 2001 CanLII 16671

Mary Anne McKellar

Application adjourned sine die on consent of the parties.

The applicant filed an application against the responding party.

On the agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no request to proceed is made.

Craig Power v. Duplium Corporation, 2001 CanLII 15982

Mary Anne McKellar

Application withdrawn with leave of the Board.

The applicant requested to withdraw her application via a letter dated October 4, 2001.

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

Elaine Wallace, Reg. N. v. Ontario Nurses’ Association, 2001 CanLII 13954

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Application withdrawn with leave of the Board.

The applicant, United Steelworkers of America, sought to withdraw its application against the responding party, Teletech Canada Inc. The Ontario Labour Relations Board granted leave and the application was withdrawn.

United Steelworkers of America v. Teletech Canada Inc., 2001 CanLII 12742

Mary Anne McKellar

Application withdrawn with leave of the Board.

The applicants, McMaster University Staff Association and Maureen Lennon, sought to withdraw their application against McMaster University.

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

McMaster University Staff Association and Maureen Lennon v. McMaster University, 2001 CanLII 12723

Mary Anne McKellar

Uncontested application granted; PSU Case Manager determined not to be an employee under the Act.

The applicant employer brought an application under section 114(2) of the Labour Relations Act, 1995, seeking a determination that its PSU Case Manager exercised managerial functions and was employed in a confidential capacity in matters relating to labour relations.

The responding union did not dispute the application.

The Board determined that the individual was not an employee for the purposes of the Act pursuant to section 1(3)(b).

The Salvation Army (Maxwell Meighen Centre) v. Canadian Union of Public Employees, Local 3798, 2001 CanLII 12349

Mary Anne McKellar

Employment and Labour Law

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application.

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

Michael Griglak v. International Longshoremen’s Association, Local 1879 and the Hamilton Harbour Commissions, 2001 CanLII 11291

Applicant

Sun Yuen LeungSelf-represented
1 appearance

Counsel for the Commission

Roger PalacioCounsel
1 appearance

Counsel for the Respondents

Patricia ConwayCounsel
1 appearance

for 944639 Ontario Limited and John Polizogopoulos

David LanthierCounsel
1 appearance

for Barbara Adams

Senka DukovichCounsel
1 appearance

for Canada Mortgage & Housing Corporation

Alan D’SilvaCounsel
1 appearance

for Canadian Mental Health

Carolyn Kay-AggioCounsel
1 appearance

for Canadian Union of Public Employees, Local 1734

Liz CarlisleCounsel
1 appearance
Joe PoitrasCounsel
1 appearance
Cathy LaceCounsel
1 appearance

for Caressant Care Nursing Home

Jennifer PerryCounsel
1 appearance

for Caroline Co-operative Housing Inc.

Bruce CameronCounsel
1 appearance

for CAW and its Local 252

Sukvindor JohlCounsel
1 appearance
Kim BirminghamCounsel
1 appearance
Catherine GilbertCounsel
1 appearance

for CUPE

Cathy LaceCounsel
1 appearance
Brian SheehanCounsel
1 appearance

for Domtar Inc. Forest Resources

Tom MoutsatsosCounsel
1 appearance
Jim RamsayCounsel
1 appearance

for Francis Naraine

Muneshwar DeopaulCounsel
1 appearance

for Helen Henderson Care Centre

Malcolm WinterCounsel
1 appearance

for herself

Tracey OdellSelf-represented
1 appearance
Dawn MetsalaSelf-represented
1 appearance
Helen SarlinaSelf-represented
1 appearance
Doris JaehnkeSelf-represented
1 appearance

for herself and Ashley's Optical

Sandra ElliottSelf-represented
1 appearance

for herself and the Respondent, Group of Employees

Mary O’ConnellSelf-represented
2 appearances

for himself

Dr. Indar MaharajSelf-represented
2 appearances
Jeremiah ShellSelf-represented
1 appearance
Alfredo DaSilvaSelf-represented
1 appearance

for himself and Bargain Optical

Dr. A. R. SebastianSelf-represented
1 appearance

for Larry McGrath

Larry McGrathSelf-represented
1 appearance

for London and District Service Workers Union, Local 183 and 220

Michelle SherwoodUnion representative
1 appearance

for McKesson Canada Corporation, Frank Sedore, Marvin Kalchman, and Joe Varkul

Dan PugenCounsel
1 appearance
Karen SargeantCounsel
1 appearance

for Morris A. Hunter Investments Ltd.

Morris A. HunterAgent
1 appearance

for Ontario Northland Employees Independent Union

Debbie GrahamUnion representative
1 appearance
Brian StevensUnion representative
1 appearance
John LangUnion representative
1 appearance

for Ontario Nurses’ Association

Elizabeth McIntyreCounsel
1 appearance
Jan BorowyCounsel
1 appearance

for Participating Nursing Homes

Michael AllenCounsel
1 appearance
Scott RidgewayCounsel
1 appearance
Mary KokosisCounsel
1 appearance

for Rainbow Concrete Industries Ltd., Boris Naneff and Jack Myers

Geoff JeffreyCounsel
1 appearance

for Service Employees International Union, Local 1

Jennifer QuitoCounsel
1 appearance
Emily DixonCounsel
1 appearance
Mary CornishCounsel
1 appearance

for St. Joseph's Villa

Carole PietteCounsel
1 appearance

for Terex Bartell Limited

Stewart SaxeCounsel
1 appearance

for the applicant

Mary CornishCounsel
3 appearances
Jan BorowyCounsel
2 appearances
Jan FilmanUnion representative
1 appearance
Gail HodgsonCounsel
1 appearance
Sue CaseyAgent
1 appearance
Cathy LaceCounsel
1 appearance
Sarah KahanCounsel
1 appearance
Nadine BlumCounsel
1 appearance
Lorraine BoakeUnion representative
1 appearance
Pierina DeBellisUnion representative
1 appearance
Fran BoyceAgent
1 appearance
Carolyn KayCounsel
1 appearance
Sharyn BriscoeUnion representative
1 appearance
Wallace EastonAgent
1 appearance
Anne DidierCounsel
1 appearance
Ellen ZaunickAgent
1 appearance
Jim HolmesAgent
1 appearance
Lynn HudsonSelf-represented
1 appearance
Steve LillicoUnion representative
1 appearance
Katherine BarretteUnion representative
1 appearance

for the Applicant

Samuel RodgersSelf-represented
1 appearance
Jacques PerronSelf-represented
1 appearance
Patricia KellyCounsel
1 appearance
Brett ChristenCounsel
1 appearance
Raymond BernickySelf-represented
1 appearance
Glendon RayworthSelf-represented
1 appearance
Greg StuartCounsel
1 appearance
Glen MorrisonAgent
1 appearance
Winston MattisCounsel
1 appearance
Lynn HudsonSelf-represented
1 appearance
Dale YoumansSelf-represented
1 appearance
Ms. HoglundCounsel
1 appearance
Carmen D. TitusCounsel
1 appearance
Wayne CookSelf-represented
1 appearance
Worrick RussellAgent
1 appearance
Mary CornishCounsel
1 appearance
Carolyn Kay-AggioCounsel
1 appearance
Yaser Al SharifSelf-represented
1 appearance
Ann McNeilSelf-represented
1 appearance
Angela CutulleAgent
1 appearance

for the Applicant Canadian Union of Public Employees, Local 3009

Cathy LaceCounsel
1 appearance

for the Applicant Caressant Care

Daina GroskaufmanisCounsel
1 appearance

for the Applicant, Pay Equity Office

Carrie GallantCounsel
1 appearance

for the Applicants

USW 1998Union representative
1 appearance
Reg VachonSelf-represented
1 appearance
Robert WhitesideSelf-represented
1 appearance
Mickey HurleySelf-represented
1 appearance

for the Applicants Chelsey Park, Helen Henderson and Kensington Village

Malcolm WinterCounsel
1 appearance
Michael AllenCounsel
1 appearance

for the Applicants in Tribunal Files PE 0626-97; PE 0631-97; and PE 0633-97

Mr. WinterAgent
1 appearance

for the Commission

Ena ChadhaCounsel
2 appearances
Mr. HolderCounsel
2 appearances
Raj DhirCounsel
2 appearances
Brian EyolfsonCounsel
2 appearances
John JudgeCounsel
1 appearance
Roger PalacioCounsel
1 appearance
Cathryn PikeCounsel
1 appearance
Elizabeth PillonCounsel
1 appearance
Kikee MalikCounsel
1 appearance

for the Complainant

Sheena ScottCounsel
2 appearances
Harry KopytoAgent
2 appearances
Leilani FarhaCounsel
2 appearances
Bruce PorterCounsel
1 appearance
Sheilagh TurkingtonCounsel
1 appearance
William S. ChallisCounsel
1 appearance
Bruce PorterAgent
1 appearance
Williams S. ChallisCounsel
1 appearance
Cheryl Ann LarrowSelf-represented
1 appearance
Andrew PintoCounsel
1 appearance
Robert C. L. WongSelf-represented
1 appearance
Paul WiseCounsel
1 appearance
Bonnie MacDonaldSelf-represented
1 appearance
Bonnie SeguinSelf-represented
1 appearance
Leslie ReaumeCounsel
1 appearance
Lilia HancockSelf-represented
1 appearance
Sun Yuen LeungSelf-represented
1 appearance
Brian KelseyCounsel
1 appearance

for the Complainants

Peter GeorgakopoulosAgent
3 appearances
Mr. McTavishCounsel
2 appearances
Sarah RimmingtonCounsel
1 appearance
Leilani FarhaCounsel
1 appearance
Bruce PorterAgent
1 appearance

for the Corporate Respondent

Charles RobertsonCounsel
2 appearances
Jenny StephensonCounsel
1 appearance

for the Corporate Respondent and Personal Respondent

Ted KovacsCounsel
1 appearance

for the Employees

Marilyn WrightSelf-represented
1 appearance

For the Employer and Mr. Norm Guenette

N. GuenetteSelf-represented
1 appearance

for the Group of Employees

Judy HodgkinsonCounsel
1 appearance
Kay ValentineCounsel
1 appearance
George VassosCounsel
1 appearance
Madeleine Thibault-SmithCounsel
1 appearance

for the Intervener

Sarah KraicerCounsel
1 appearance
Jennifer AugustCounsel
1 appearance

for the Intervenor

Susan BiggsAgent
1 appearance
Richard AnstrutherCounsel
1 appearance
John RappCounsel
1 appearance

for the Intervenor Canadian Union of Public Employees, Local 79

Ken StuebingCounsel
1 appearance

for the Ministry of the Attorney General

Carolyn KayCounsel
1 appearance
Jacqueline J. LukshaCounsel
1 appearance
Frank CesarioCounsel
1 appearance

for the Ontario Human Rights Commission

William HolderCounsel
6 appearances
Sharon Ffolkes AbrahamsCounsel
4 appearances
Lisa CirilloCounsel
2 appearances
Anthony GriffinCounsel
2 appearances
Roger PalacioCounsel
2 appearances
Cathryn PikeCounsel
2 appearances
Jennifer ScottCounsel
1 appearance
Cory BoydCounsel
1 appearance
Raj DhirCounsel
1 appearance
Jennifer ServinisCounsel
1 appearance
Megan Evans-MaxwellCounsel
1 appearance
Kikee MalikCounsel
1 appearance
Sheena ScottCounsel
1 appearance
Sharon Ffolkes-AbrahamsCounsel
1 appearance

for the Ontario Nurses' Association

Kim GilletUnion representative
1 appearance
Anne-Marie DeloreyUnion representative
1 appearance
Gloria McIntyreUnion representative
1 appearance
Raymonde BoileauUnion representative
1 appearance

for the Pay Equity Office

Senka DukovichCounsel
1 appearance
Ann PeersCounsel
1 appearance

for the Proposed Intervenor

Ena ChadhaCounsel
1 appearance
Lisa CirilloCounsel
1 appearance

for the respondent

John HarrisCounsel
1 appearance
Carolyn KayCounsel
1 appearance
David GoreAgent
1 appearance
Marilee MarcotteCounsel
1 appearance
Sharon KellyAgent
1 appearance

for the Respondent

Jeff RooneyAgent
2 appearances
Mike CruseAgent
1 appearance
Victoria ReaumeCounsel
1 appearance
Mary CornishCounsel
1 appearance
Marcelle GoldenbergCounsel
1 appearance
Jonathan CockerCounsel
1 appearance
Robert BassCounsel
1 appearance
Shaun O'BrienCounsel
1 appearance
Andrew MaeCounsel
1 appearance
Tom SmallCounsel
1 appearance
anes DawesCounsel
1 appearance
Stanley MayesCounsel
1 appearance
Carole E. HoglundCounsel
1 appearance
Larry BishopCounsel
1 appearance
Charles RobertsonCounsel
1 appearance
Paul SchabasCounsel
1 appearance
Jim SimmonsCounsel
1 appearance
Carole HoglundCounsel
1 appearance
Brad BoyceAgent
1 appearance
Susan UrselCounsel
1 appearance

for the Respondent, Canadian Union of Public Employees

Carmen HenryAgent
1 appearance
Brian SheehanCounsel
1 appearance

for the Respondent C.A.W., Local 303

Lewis GottheilCounsel
1 appearance

for the Respondent City of London

James BarberCounsel
1 appearance
Cristin KelleeCounsel
1 appearance

for the Respondent City of Toronto

Kerri KitchuraCounsel
1 appearance

for the Respondent Dianne Haskett

Kathryn McKerlieCounsel
1 appearance
Scott RitchieCounsel
1 appearance

for the Respondent, GL&V Process Equipment Group Inc.

Mark TessierCounsel
1 appearance
Carolyn Kay-AggioCounsel
1 appearance

for the Respondent New Village Retirement Home/Pine Villa Nursing Home Inc.

Mark J. ZegaCounsel
1 appearance

for the Respondent Ottawa Police Services Board

David PatacairkCounsel
1 appearance

for the Respondents

William GaleCounsel
4 appearances
Barbara HumphreyCounsel
2 appearances
Mr. JeffreyCounsel
2 appearances
Christopher AndreeCounsel
1 appearance
Gurjit BrarCounsel
1 appearance
Brian D. MulroneyCounsel
1 appearance
Alan PopeCounsel
1 appearance
Jane DawesCounsel
1 appearance
Carole HoglundCounsel
1 appearance
Michael S. RichardsCounsel
1 appearance
Andrew AshenhurstCounsel
1 appearance
Ian JohncoxCounsel
1 appearance
Peter IsraelCounsel
1 appearance
Lucy SiraccoCounsel
1 appearance
Kim CogarCounsel
1 appearance
Nancy RamalhoCounsel
1 appearance

for the Respondents General Motors of Canada Ltd. and Pat Cowling

Jason HansonCounsel
1 appearance

for the Respondents Service Employees’ International Union, Local 183 and London and District Service Workers’ Union, Local 220

Michelle SherwoodCounsel
1 appearance
Sharon Ffolkes AbrahamsCounsel
1 appearance

for the Respondents Toronto Civic Employees Union, Local 416 and Dave Hewitt

Howard GoldblattCounsel
1 appearance

for the Respondent, Villa Colombo Homes for the Aged, Inc.

Terry McBurneyAgent
1 appearance
Angela RaeCounsel
1 appearance
Vince LucaAgent
1 appearance

for the responding party

Carolyn KayCounsel
1 appearance
Danny BernsteinCounsel
1 appearance
Arthur BosuaAgent
1 appearance
Val D’SaCounsel
1 appearance
Roy FilionCounsel
1 appearance
Sandy LevinAgent
1 appearance
Trish FultonAgent
1 appearance
Dorothy CammaertCounsel
1 appearance
Adriana HaganAgent
1 appearance
Neil CarruthersCounsel
1 appearance
Angela BradleyAgent
1 appearance
David LazenbyAgent
1 appearance
Mark BlagraveAgent
1 appearance
Patty MaloneAgent
1 appearance
Chris TulleyCounsel
1 appearance
Frank AngelettiCounsel
1 appearance
Bruce RichardsonCounsel
1 appearance
Carolyn Cornford GreavesCounsel
1 appearance

for the Responding Party

Cecil MooreUnion representative
1 appearance
Wally DubinskyUnion representative
1 appearance
R. R. FieldsUnion representative
1 appearance
Alex KeeneyUnion representative
1 appearance
Mark GallinaUnion representative
1 appearance
Al McIntyreUnion representative
1 appearance
David TavaresUnion representative
1 appearance
Bert PoulinUnion representative
1 appearance
Dave DuffusUnion representative
1 appearance
Vince BaileyUnion representative
1 appearance
Gary BoissonneaultUnion representative
1 appearance
Frank McAnallyUnion representative
1 appearance
Bob ByersUnion representative
1 appearance
Wayne GillisUnion representative
1 appearance

for the Township of McGarry

Gary CunningtonAgent
1 appearance
Lauri A. ReesorCounsel
1 appearance
Paul SchwartzmanCounsel
1 appearance

For the Union and Mr. Kerry MacNeil

B. PoulinUnion representative
1 appearance

for the Workers' Compensation Board

Janice BakerCounsel
1 appearance

for the York Region Board of Education

Bruce RichardsonCounsel
1 appearance
Colette NemniCounsel
1 appearance
Roy C. FilionCounsel
1 appearance
Laurel JohnsonCounsel
1 appearance

for the York Region Women Teachers' Association and the Ontario Public School Teachers' Federation, York Region District

Lorraine StewartCounsel
2 appearances
Regine BakerCounsel
2 appearances
Fred MayorCounsel
2 appearances
Victoria ReaumeCounsel
2 appearances

for the York Region Women Teachers’ Association and the Ontario Public School Teachers’ Federation, York Region District

Lorraine StewartCounsel
1 appearance
Fred MayorCounsel
1 appearance
Regine BakerCounsel
1 appearance
Victoria ReaumeCounsel
1 appearance

for Toronto Hydro and T. Bell

Ted KovacsCounsel
1 appearance

for York Region Board of Education

Colette NemniCounsel
4 appearances
Maria CianiCounsel
3 appearances
Angela RaeCounsel
3 appearances
Roy FilionCounsel
1 appearance
Marketta JokinenCounsel
1 appearance

for York Region Women Teachers' Association and the Ontario Public School Teachers' Federation, York Region District

Pat ClarkeCounsel
1 appearance
Regine BakerCounsel
1 appearance
Fred MayorCounsel
1 appearance
Karen FalkCounsel
1 appearance
Victoria ReaumeCounsel
1 appearance
Elizabeth ShiltonCounsel
1 appearance
Bev SaskoleyCounsel
1 appearance

on her own behalf

Mini ChackoSelf-represented
2 appearances
Solange LavenderSelf-represented
1 appearance
Edna AnonuevoSelf-represented
1 appearance
Eva DebowskaSelf-represented
1 appearance

on his own behalf

Dr. Indar MaharajSelf-represented
2 appearances
James MoffattSelf-represented
1 appearance
John LeonisSelf-represented
1 appearance
Dave FreemanSelf-represented
1 appearance

On his own behalf

James MoffattSelf-represented
1 appearance
Robert C. L. WongSelf-represented
1 appearance

Respondent

Doug McNairAgent
1 appearance
Dave HiseySelf-represented
1 appearance

330

Decisions

Years active

Tribunals

1.0

cases/mo

OPEHT149(45%)

OLRB113(34%)

HRTO68(21%)

Decision types

motion

275

trial

appeal

costs

/Adjudicator

Mary Anne McKellar — Vice-Chair

Bankruptcy and Insolvency Law

Real Estate Law

Workplace Safety and Insurance Law

Mary Anne McKellar

Vice-Chair·Ontario Pay Equity Hearings Tribunal·Since 1992

OPEHT OLRB HRTO

330

cases · 28 yrs · OPEHT, OLRB, HRTO

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 73Vice-Chair· 62Chair· 49Vice-Chair· 47Adjudicator· 30Chair· 12Vice-chair· 11Acting Chair· 9

Mary Anne McKellar

Proceeding terminated following a memorandum of settlement and representation vote regarding a sale of business.

The applicant union applied for a declaration of a sale of business under section 69 of the Labour Relations Act following the creation of a new transit authority.

The parties entered into a memorandum of settlement agreeing to a bargaining unit description and a representation vote between two unions.

Following a representation vote in which the applicant union won the majority, the Board terminated the proceeding in accordance with the settlement.

Canadian Union of Public Employees, Local 129 v. Corporation of the City of Pickering, 2001 CanLII 19547

Mary Anne McKellar

Duty of fair representation complaint dismissed without a hearing as union's representation was reasonable.

The applicant filed a complaint alleging that her union breached its duty of fair representation under section 74 of the Labour Relations Act during her termination grievance arbitration.

The union and the employer requested that the application be dismissed without a hearing.

The application was dismissed.

Cynthia Ababio v. Canadian Union of Public Employees Local 967, 2001 CanLII 9319

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardOct 15, 2001

Proceeding to be deemed terminated unless parties request relisting after one-year adjournment.

The Board noted that more than a year had elapsed since the matter was adjourned pending conciliation.

The Board directed the parties to advise by October 26, 2001, if they wished to have the proceeding relisted for hearing, failing which it would be deemed terminated.

Jean Tweed Treatment Centre v. Canadian Union of Public Employees, 2001 CanLII 6495

Mary Anne McKellar

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application.

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

Byron LeBlanc v. Stelco Inc., Hilton Works, 2001 CanLII 17742

Mary Anne McKellar

Application terminated for late filing and incomplete contact information under Rule 15.

The applicant filed an application alleging a breach of section 74 of the Labour Relations Act, 1995.

The application was delivered to the responding parties but was not filed with the Board within the five-day time limit required by Rule 14 of the Board's Rules of Procedure.

Additionally, the application lacked sufficient contact information for the responding trade union.

Consequently, the Board terminated the application pursuant to Rule 15, without prejudice to the applicant's ability to file a fresh application in compliance with the Rules.

Raymond Bernicky v. BFI Canada Inc. and Teamsters Union Local #880, 2001 CanLII 6421

Mary Anne McKellar

OLRBMajority (Wrote the majority reasons)0 cases1992–2019

Union's request to dismiss duty of fair representation complaints without a hearing denied.

The applicants filed duty of fair representation complaints against the union regarding the settlement of group classification grievances.

The union and the intervenor employer requested that the applications be dismissed without a hearing for failing to state a prima facie case.

The request to dismiss was denied and the matters were referred for consultation.

Scott v. Power Workers’ Union CUPE Local 1000 - CLC, 2001 CanLII 20793

Mary Anne McKellar

J. A. Rundle

OLRBDissenting0 cases1986–2001

D. A. Patterson

OLRBMajority0 cases1986–2001

Representation vote ordered in certification application; majority declined to seal ballot box despite section 8.1 notice.

The applicant trade union applied 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 majority of the Board found that the applicant established sufficient membership support to obtain a representation vote and directed that a vote be taken.

The majority did not order the ballot box sealed.

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

Teamsters International Union, Local 847, AFL-C10-CLC v. MSB Plastic, 2001 CanLII 17038

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

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

The Canadian Union of Public Employees applied for certification.

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

As a result, the Ontario Labour Relations Board dismissed the application for certification.

Canadian Union of Public Employees v. The Wexford Residence Inc., 2001 CanLII 16151

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Applications for certification withdrawn with leave of the Board.

The applicant union sought leave to withdraw its applications for certification after a representation vote had been directed.

The Ontario Labour Relations Board granted leave and the applications were withdrawn.

Canadian University Workers Union (C.U.W.) v. McMaster University, 2001 CanLII 9769

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Board directs representation vote for proposed bargaining unit of security services employees.

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

The Board found the applicant to be a trade union under the Labour Relations Act, 1995.

United Steelworkers of America v. Lyndon Security Services Inc., 2001 CanLII 9476

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Representation vote directed and ballot box sealed in certification application due to bargaining unit dispute.

The applicant union applied for certification to represent employees of the Town of East Gwillimbury.

Canadian Union of Public Employees v. The Town of East Gwillimbury, 2001 CanLII 9248

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Union certified as bargaining agent following successful representation vote and agreement on bargaining unit.

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, the parties agreed on the appropriate bargaining unit description.

The Ontario Labour Relations Board issued a certificate to the applicant union for the agreed-upon bargaining unit.

Teamsters Local Union No. 230 v. Sure-Way Metal Products Limited, 2001 CanLII 3411

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

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

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

Celestino Antunes v. International Association of Machinists and Aerospace Workers, 2001 CanLII 19314

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Application withdrawn with leave of the Board.

The applicants, McMaster University Staff Association and Maureen Lennon, filed an application against McMaster University.

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

McMaster University Staff Association and Maureen Lennon v. McMaster University, 2001 CanLII 16671

Mary Anne McKellar

Application adjourned sine die on consent of the parties.

The applicant filed an application against the responding party.

Craig Power v. Duplium Corporation, 2001 CanLII 15982

Mary Anne McKellar

Application withdrawn with leave of the Board.

The applicant requested to withdraw her application via a letter dated October 4, 2001.

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

Elaine Wallace, Reg. N. v. Ontario Nurses’ Association, 2001 CanLII 13954

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Application withdrawn with leave of the Board.

United Steelworkers of America v. Teletech Canada Inc., 2001 CanLII 12742

Mary Anne McKellar

Application withdrawn with leave of the Board.

The applicants, McMaster University Staff Association and Maureen Lennon, sought to withdraw their application against McMaster University.

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

McMaster University Staff Association and Maureen Lennon v. McMaster University, 2001 CanLII 12723

Mary Anne McKellar

Uncontested application granted; PSU Case Manager determined not to be an employee under the Act.

The responding union did not dispute the application.

The Board determined that the individual was not an employee for the purposes of the Act pursuant to section 1(3)(b).

The Salvation Army (Maxwell Meighen Centre) v. Canadian Union of Public Employees, Local 3798, 2001 CanLII 12349

Mary Anne McKellar