Mary Anne McKellar

Board amends previous decision to correct the bargaining unit description for a certification application.

The Ontario Labour Relations Board amended its decision dated August 7, 2001, to correct an error in the bargaining unit description.

The amended decision defines the appropriate bargaining unit for employees of Gibson Holdings (Ontario) Ltd. in Loyalist Township, excluding supervisors, office and clerical staff, and registered and graduate nurses.

An amended certificate will issue to the applicant union.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Gibson Holdings (Ontario) Ltd., 2001 CanLII 15539

Mary Anne McKellar

Motion to dismiss denied; individual employees have standing to bring unfair labour practice applications.

The responding union requested that the Board dismiss an unfair labour practice application on the basis that an individual employee lacks standing to bring an application under section 96 of the Labour Relations Act for alleged contraventions of sections 72 and 74.

The Board declined the request, holding that individual employees do have standing to bring such applications.

Barbara Munroe v. Canadian Union of Public Employees, Local 1750, 2001 CanLII 12181

Mary Anne McKellar

Board issues consent order declaring successor employer status and binding purchaser to collective agreement.

The applicant union filed applications under sections 69, 1(4), and 96 of the Labour Relations Act, 1995, alleging a sale of business or related employer status between the responding parties, as well as unfair labour practices.

Prior to the hearing, the parties entered into Minutes of Settlement.

The Board issued a decision incorporating the settlement, declaring that Bomatic Inc. is the successor employer to Mega Blow Mouldings Ltd. and is bound to the existing collective agreement.

Bomatic Inc. also agreed to pay $8,000 in union dues arrears, upon which the union would withdraw its applications.

United Steelworkers of America v. Mega Blow Moulding Limited, 2001 CanLII 10256

Union granted leave to withdraw certification application after representation vote.

The applicant union sought leave to withdraw its application for certification following a representation vote where the ballots were sealed.

The Ontario Labour Relations Board granted leave to withdraw the application and noted that the effect of section 7(9.1) of the Act would be determined if a subsequent application is filed within one year.

Canadian Union of Public Employees v. Ryerson Polytechnic University, 2001 CanLII 6950

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Union certification granted following a successful representation vote and resolution of outstanding issues.

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

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the parties resolved all outstanding issues.

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

United Steelworkers of America v. Bolton Steel Tube Co. Ltd., 2001 CanLII 10757

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Board granted withdrawal of related employer application and referred sale of business representation vote issues to an officer.

The applicant union sought leave to withdraw its application under section 1(4) of the Labour Relations Act, 1995, which the Board granted.

Regarding the application under section 69, all parties agreed that a sale of a business and an intermingling of employees had occurred, and that a representation vote should be directed.

The only outstanding issue was the appropriate bargaining unit description and voting constituency.

The Board referred the matter to a Labour Relations Officer to confer with the parties on the outstanding issues.

Canadian Union of Public Employees, Local 129 v. Corporation of the City of Pickering and Ajax-Pickering Transit System, 2001 CanLII 3556

R. R. Montague

Mary Anne McKellar

J. A. Ronson

Board directed written submissions on respondent's objection to late particulars and deferred ruling to hearing.

The responding party objected to the applicant's late filing of particulars and sought an immediate pre-hearing ruling to exclude them.

The Board directed the applicant to file written submissions in response and deferred any outstanding issues regarding the admissibility of the particulars to the scheduled hearing.

Teamsters Local Union No. 230 v. Lafarge Canada Inc., 2001 CanLII 7070

R. R. Montague

Mary Anne McKellar

J. A. Ronson

Application under section 96 of the Labour Relations Act withdrawn with leave following resolution.

The applicant union filed an application under section 96 of the Labour Relations Act, 1995 against the responding party employer.

Prior to a hearing, the applicant advised the Board by letter that all matters at the workplace had been resolved.

The Board construed the correspondence as a request for leave to withdraw the application and granted the request, withdrawing the application with leave of the Board.

Hotel Employees Restaurant Employees Union, Local 75 v. Toronto Airport Novotel, 2001 CanLII 7053

R. R. Montague

OLRBMajority (Wrote the majority reasons)0 cases1992–2019

Mary Anne McKellar

J. A. Ronson

Representation vote directed and ballots to be counted in union certification application despite employer's section 8.1 notice.

The applicant trade union applied for certification.

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

A representation vote was directed.

Board Member J.A. Ronson dissented, arguing that section 8.1(4) required the ballot box to be sealed.

Graphic Communications International Union, Local 500M v. Quebecor Printing P.E. & E., 2001 CanLII 20229

R. R. Montague

OLRBMajority (Wrote the majority reasons)0 cases1992–2019

Mary Anne McKellar

J. A. Ronson

Representation vote ordered in certification application despite employer's section 8.1 notice.

The applicant trade union applied for certification.

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

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 the numerical difference was not significant and directed a representation vote.

Board Member J.A. Ronson dissented, arguing that section 8.1(4) required the ballot box to be sealed.

Industrial Wood & Allied Workers of Canada (I.W.A.Canada) v. ResCare Premier Canada Inc., 2001 CanLII 19784

Mary Anne McKellar

Duty of fair representation complaint dismissed without a hearing for failing to plead a prima facie case.

The applicants filed a complaint alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995 by dropping their grievances regarding seniority and lines of progression.

The employer requested the application be dismissed without a hearing under Rule 46.

The Board found the applicant failed to plead any facts suggesting the union's decision was arbitrary, discriminatory, or in bad faith.

Furthermore, the lead applicant did not appear to be personally affected and failed to provide authorization to represent the others.

The application was dismissed for failing to make out a prima facie case.

Robert Whiteside et al. v. International Union of Operating Engineers – Local 865, 2001 CanLII 19078

R. R. Montague

Mary Anne McKellar

J. A. Ronson

Union certified as bargaining agent following a successful representation vote.

The applicant union applied for certification to represent 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 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.

Industrial Wood & Allied Workers of Canada (I.W.A. Canada) v. SKLF Doors World Inc., 2001 CanLII 16608

Mary Anne McKellar

Time extended for employer to respond to request to refer grievance to arbitration.

The applicant filed an application alleging the union violated section 74 of the Labour Relations Act, 1995 regarding a grievance.

The Board previously sought a response from the employer regarding a request to refer the grievance to arbitration, but the decisions were sent to an incorrect address.

The Board issued a procedural direction extending the time for the employer to reply by three weeks.

John Florek v. United Steelworkers of America, 2001 CanLII 12086

R. R. Montague

Mary Anne McKellar

J. A. Ronson

Board directs representation vote in timely application for termination of bargaining rights.

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

The Board found the application timely and that not less than forty percent of the employees had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken and declined the responding party's request to seal the ballot box.

A. Gourley of CUPE Local 3566 Technical Unit v. Canadian Union of Public Employees (CUPE), 2001 CanLII 7850

Mary Anne McKellar

Applicant ordered to provide requested particulars after failing to object.

The responding party requested particulars of the circumstances of members affected by the conduct alleged in the application.

The Board previously directed the applicant to advise if it objected to filing the particulars.

The applicant did not file any submissions or objections.

The Board ordered the applicant to provide the requested particulars within two weeks.

Toronto Civic Employees’ Union, Local 416 Canadian Union of Public Employees v. The Canadian Union of Public Employees Local Union No. 79, 2001 CanLII 20451

Mary Anne McKellar

Application withdrawn with leave of the Board.

The applicant requested to withdraw her application against the Canadian Auto Workers, Local 1990.

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

Rosina Boateng v. Canadian Auto Workers, (CAW), Local 1990, 2001 CanLII 19009

Mary Anne McKellar

Deadline for filing a response extended on consent of the parties.

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

Based on the agreement of the parties, the Board extended the deadline for the responding party to file a response to August 16, 2001.

Doug Gallant v. Labourers’ International Union of North America, Local 506, 2001 CanLII 14523

Mary Anne McKellar

Extension of time granted for responding party to file its response to reprisal complaint.

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

The responding party's newly retained counsel requested a short extension of time to file a response.

The Board granted the request and extended the time for filing the response to August 17, 2001.

Shannon J. Clapp v. Challenger Pallet Ltd, 2001 CanLII 7290

Mary Anne McKellar

Request for reconsideration of order to provide particulars dismissed; extension of time conditionally granted.

The applicant union requested reconsideration of a Board decision directing it to provide particulars within two weeks, citing that the writer was on vacation and the decision was not brought to their attention.

In the alternative, the applicant sought an extension of time to provide the particulars.

The Board dismissed the request for reconsideration but directed the responding party and intervenor to advise if they objected to the extension of time, failing which the extension would be deemed granted.

Toronto Civic Employees’ Union, Local 416 Canadian Union of Public Employees v. The Canadian Union of Public Employees Local Union N. 79, 2001 CanLII 5386

Mary Anne McKellar

Employment and Labour Law

Application against union withdrawn with leave of the Board at the applicant's request.

The applicant filed an application against the union regarding a grievance.

After the Board dismissed the union's motion to dismiss the application without a hearing, the applicant wrote to the Board requesting to withdraw his application.

The Board granted leave and the application was withdrawn.

Tony Olivieri v. Ontario Public Service Employees Union, 2001 CanLII 3369

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

Board amends previous decision to correct the bargaining unit description for a certification application.

The Ontario Labour Relations Board amended its decision dated August 7, 2001, to correct an error in the bargaining unit description.

An amended certificate will issue to the applicant union.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Gibson Holdings (Ontario) Ltd., 2001 CanLII 15539

Mary Anne McKellar

Motion to dismiss denied; individual employees have standing to bring unfair labour practice applications.

The Board declined the request, holding that individual employees do have standing to bring such applications.

Barbara Munroe v. Canadian Union of Public Employees, Local 1750, 2001 CanLII 12181

Mary Anne McKellar

Board issues consent order declaring successor employer status and binding purchaser to collective agreement.

Prior to the hearing, the parties entered into Minutes of Settlement.

The Board issued a decision incorporating the settlement, declaring that Bomatic Inc. is the successor employer to Mega Blow Mouldings Ltd. and is bound to the existing collective agreement.

Bomatic Inc. also agreed to pay $8,000 in union dues arrears, upon which the union would withdraw its applications.

United Steelworkers of America v. Mega Blow Moulding Limited, 2001 CanLII 10256

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Union granted leave to withdraw certification application after representation vote.

The applicant union sought leave to withdraw its application for certification following a representation vote where the ballots were sealed.

Canadian Union of Public Employees v. Ryerson Polytechnic University, 2001 CanLII 6950

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Union certification granted following a successful representation vote and resolution of outstanding issues.

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

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the parties resolved all outstanding issues.

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

United Steelworkers of America v. Bolton Steel Tube Co. Ltd., 2001 CanLII 10757

Mary Anne McKellar

J. A. Rundle

D. A. Patterson

Board granted withdrawal of related employer application and referred sale of business representation vote issues to an officer.

The applicant union sought leave to withdraw its application under section 1(4) of the Labour Relations Act, 1995, which the Board granted.

Regarding the application under section 69, all parties agreed that a sale of a business and an intermingling of employees had occurred, and that a representation vote should be directed.

The only outstanding issue was the appropriate bargaining unit description and voting constituency.

The Board referred the matter to a Labour Relations Officer to confer with the parties on the outstanding issues.

Canadian Union of Public Employees, Local 129 v. Corporation of the City of Pickering and Ajax-Pickering Transit System, 2001 CanLII 3556

R. R. Montague

Mary Anne McKellar

J. A. Ronson

Board directed written submissions on respondent's objection to late particulars and deferred ruling to hearing.

The responding party objected to the applicant's late filing of particulars and sought an immediate pre-hearing ruling to exclude them.

The Board directed the applicant to file written submissions in response and deferred any outstanding issues regarding the admissibility of the particulars to the scheduled hearing.

Teamsters Local Union No. 230 v. Lafarge Canada Inc., 2001 CanLII 7070

R. R. Montague

Mary Anne McKellar

J. A. Ronson

Application under section 96 of the Labour Relations Act withdrawn with leave following resolution.

The applicant union filed an application under section 96 of the Labour Relations Act, 1995 against the responding party employer.

Prior to a hearing, the applicant advised the Board by letter that all matters at the workplace had been resolved.

The Board construed the correspondence as a request for leave to withdraw the application and granted the request, withdrawing the application with leave of the Board.

Hotel Employees Restaurant Employees Union, Local 75 v. Toronto Airport Novotel, 2001 CanLII 7053

R. R. Montague

OLRBMajority (Wrote the majority reasons)0 cases1992–2019

Mary Anne McKellar

J. A. Ronson

Representation vote directed and ballots to be counted in union certification application despite employer's section 8.1 notice.

The applicant trade union applied for certification.

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.

A representation vote was directed.

Board Member J.A. Ronson dissented, arguing that section 8.1(4) required the ballot box to be sealed.

Graphic Communications International Union, Local 500M v. Quebecor Printing P.E. & E., 2001 CanLII 20229

R. R. Montague

OLRBMajority (Wrote the majority reasons)0 cases1992–2019

Mary Anne McKellar

J. A. Ronson

Representation vote ordered in certification application despite employer's section 8.1 notice.

The applicant trade union applied for certification.

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

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 the numerical difference was not significant and directed a representation vote.

Board Member J.A. Ronson dissented, arguing that section 8.1(4) required the ballot box to be sealed.

Industrial Wood & Allied Workers of Canada (I.W.A.Canada) v. ResCare Premier Canada Inc., 2001 CanLII 19784

Mary Anne McKellar

Duty of fair representation complaint dismissed without a hearing for failing to plead a prima facie case.

The employer requested the application be dismissed without a hearing under Rule 46.

The Board found the applicant failed to plead any facts suggesting the union's decision was arbitrary, discriminatory, or in bad faith.

Furthermore, the lead applicant did not appear to be personally affected and failed to provide authorization to represent the others.

The application was dismissed for failing to make out a prima facie case.

Robert Whiteside et al. v. International Union of Operating Engineers – Local 865, 2001 CanLII 19078

R. R. Montague

Mary Anne McKellar

J. A. Ronson

Union certified as bargaining agent following a successful representation vote.

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

Industrial Wood & Allied Workers of Canada (I.W.A. Canada) v. SKLF Doors World Inc., 2001 CanLII 16608

Mary Anne McKellar

Time extended for employer to respond to request to refer grievance to arbitration.

The applicant filed an application alleging the union violated section 74 of the Labour Relations Act, 1995 regarding a grievance.

The Board previously sought a response from the employer regarding a request to refer the grievance to arbitration, but the decisions were sent to an incorrect address.

The Board issued a procedural direction extending the time for the employer to reply by three weeks.

John Florek v. United Steelworkers of America, 2001 CanLII 12086

R. R. Montague

Mary Anne McKellar

J. A. Ronson

Board directs representation vote in timely application for termination of bargaining rights.

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

The Board found the application timely and that not less than forty percent of the employees had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken and declined the responding party's request to seal the ballot box.

A. Gourley of CUPE Local 3566 Technical Unit v. Canadian Union of Public Employees (CUPE), 2001 CanLII 7850

Mary Anne McKellar

Applicant ordered to provide requested particulars after failing to object.

The responding party requested particulars of the circumstances of members affected by the conduct alleged in the application.

The Board previously directed the applicant to advise if it objected to filing the particulars.

The applicant did not file any submissions or objections.

The Board ordered the applicant to provide the requested particulars within two weeks.

Toronto Civic Employees’ Union, Local 416 Canadian Union of Public Employees v. The Canadian Union of Public Employees Local Union No. 79, 2001 CanLII 20451

Mary Anne McKellar

Application withdrawn with leave of the Board.

The applicant requested to withdraw her application against the Canadian Auto Workers, Local 1990.

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

Rosina Boateng v. Canadian Auto Workers, (CAW), Local 1990, 2001 CanLII 19009

Mary Anne McKellar

Deadline for filing a response extended on consent of the parties.

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

Based on the agreement of the parties, the Board extended the deadline for the responding party to file a response to August 16, 2001.

Doug Gallant v. Labourers’ International Union of North America, Local 506, 2001 CanLII 14523

Mary Anne McKellar

Extension of time granted for responding party to file its response to reprisal complaint.

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

The responding party's newly retained counsel requested a short extension of time to file a response.

The Board granted the request and extended the time for filing the response to August 17, 2001.

Shannon J. Clapp v. Challenger Pallet Ltd, 2001 CanLII 7290

Mary Anne McKellar

Request for reconsideration of order to provide particulars dismissed; extension of time conditionally granted.

In the alternative, the applicant sought an extension of time to provide the particulars.

Toronto Civic Employees’ Union, Local 416 Canadian Union of Public Employees v. The Canadian Union of Public Employees Local Union N. 79, 2001 CanLII 5386

Mary Anne McKellar