Mary Ellen Cummings

Mary Ellen Cummings

J. A. Ronson

Representation vote directed in union certification application despite employer's dispute over bargaining unit composition.

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

The responding party disputed the applicant's estimate of the number of employees 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 numerical difference between the parties was not significant.

The Board directed that a representation vote be taken, with disputed clerical positions casting segregated ballots.

Brewery General & Professional Workers Union v. Eastern Wire & Conduit, 2000 CanLII 8146

R. R. Montague

Mary Ellen Cummings

J. A. Ronson

Representation vote ordered in certification application for municipal employees.

The applicant trade union filed an application for certification to represent employees of the responding party municipality.

The Ontario Labour Relations Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that not less than forty percent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

The Board ordered a representation vote to be taken among the eligible employees in the voting constituency, with a direction to segregate the ballot of any individual holding the disputed position of water/sewage superintendent.

Local Union 636 of the International Brotherhood of Electrical Workers v. The Corporation of the Township of Tay, 2000 CanLII 6709

Mary Ellen Cummings

OLRBOntario Labour Relations BoardDec 6, 2000

Application adjourned sine die on consent for up to one year.

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

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if neither party requests to proceed.

International Brotherhood of Construction Workers, Construction Council of Ontario v. P.H.E. Contractor Sales Ltd., 2000 CanLII 10888

Mary Ellen Cummings

OLRBOntario Labour Relations BoardDec 5, 2000

Construction industry grievance referral adjourned sine die pending resolution of related single employer application.

The applicant union referred a construction industry grievance to the Board under section 133 of the Labour Relations Act, 1995.

The grievance was related to another application seeking a single employer and sale of business declaration.

The Board adjourned the grievance referral sine die for up to one year, pending the resolution of the related application.

Labourers’ International Union of North America, Local 1081 v. 652067 Ontario Inc., 2000 CanLII 10233

Mary Ellen Cummings

OLRBOntario Labour Relations BoardDec 4, 2000

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application.

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

Budd Canada Inc. v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), 2000 CanLII 7414

Mary Ellen Cummings

OLRBOntario Labour Relations BoardNov 30, 2000

Board sets strict deadlines for union's constitutional challenge to prevent delay of non-construction employer declaration.

The applicant was previously found to meet the preconditions for a 'non-construction employer' declaration under s. 127.2 of the Labour Relations Act, 1995.

The responding party filed a Notice of Constitutional Question.

The applicant raised concerns that the constitutional argument was being used merely to delay the issuance of remedial orders and requested an expedited procedure.

The Board directed the responding party to file fulsome submissions on its constitutional argument by a strict deadline, failing which the Board would issue the remedial orders.

Reitmans (Canada) Limited v. The Carpenters’ District Council of Ontario, 2000 CanLII 8524

Mary Ellen Cummings

G. Pickell

A. Haward

Applications for single employer and sale of business declarations adjourned sine die on consent.

The applicants brought applications alleging that the responding parties should be declared a single employer for the purposes of the Labour Relations Act, 1995, or that there had been a sale of business.

On the first day of hearing, the parties entered into a Memorandum of Agreement regarding document production and agreed to consult before requesting new dates.

The Board adjourned the matters sine die for a period not exceeding one year.

Labourers’ International Union of North America, Local 1081 v. 652067 Ontario Inc., 2000 CanLII 11048

Mary Ellen Cummings

Application withdrawn with leave of the Board on agreement of the parties.

The applicants, International Union of Operating Engineers Local 772 and Robert Walter Hogan, sought to withdraw their application against DSM Engineering Plastics Ltd. Having regard to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

International Union of Operating Engineers Local 772 v. DSM Engineering Plastics Ltd., 2000 CanLII 10667

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

Conseil scolaire de district catholique du Centre-Est de l’Ontario v. Syndicat canadien de la Fonction publique, 2000 CanLII 2409

Mary Ellen Cummings

Certificates issued to trade union following successful representation vote in construction industry application.

The applicant trade union applied for certification in the construction industry.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the applicant, and with no statements of desire filed, the Board ordered the issuance of certificates pursuant to section 160(1) of the Act.

The responding party's request for reconsideration of a prior decision regarding voter eligibility remained pending.

Sheet Metal Workers’ International Association, Local Union No. 47 v. Les Toitures Raymond 1997 Inc., 2000 CanLII 12852

Mary Ellen Cummings

Time for responding party to file response extended to December 8, 2000.

The Ontario Labour Relations Board issued a procedural decision extending the time for the responding parties to deliver and file their response to December 8, 2000.

Madani Bah v. Labourers’ International Union of North America, Local 506 and Constructions de Mausolées Carrier Inc., 2000 CanLII 3276

Mary Ellen Cummings

Responding party directed to file submissions regarding applicant's letter by November 27, 2000.

The Ontario Labour Relations Board directed counsel for the responding party to deliver and file submissions in respect of the applicant's letter dated November 20, 2000, by no later than November 27, 2000.

Reitmans (Canada) Limited v. The Carpenters’ District Council of Ontario, 2000 CanLII 7886

Mary Ellen Cummings

Board orders disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

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

The workplace parties entered into Minutes of Settlement.

The Board ordered the funds held in trust by the Director to be disbursed in accordance with the settlement, with $650.00 paid to the employee, $220.84 returned to the employer, and $112.84 retained as an administration fee.

The matter was deemed terminated absent a request from the Ministry of Labour to relist it for hearing.

BXL Printers v. Robert O’Donnell and Ministry of Labour, 2000 CanLII 3151

Laurie Eisenberg

22 cases2000–2001

Mary Ellen Cummings

Application dismissed due to the applicant's failure to attend the scheduled hearing.

The applicant appealed an employment standards officer's decision finding no employment relationship with the responding party.

On the scheduled hearing date, neither the applicant nor the responding party attended.

After waiting 30 minutes, the Board dismissed the application for failure to attend.

Bryan Hallett v. Taekwondo Mudokwan Academy and Ministry of Labour, 2000 CanLII 2621

Mary Ellen Cummings

OLRBOntario Labour Relations BoardNov 3, 2000

Application withdrawn with leave of the Board following Minutes of Settlement.

The applicant sought to withdraw her application before the Ontario Labour Relations Board following the execution of Minutes of Settlement.

The Board granted leave and the application was withdrawn.

Susan M. Lane v. Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 141, 2000 CanLII 6500

Mary Ellen Cummings

Board issues consent order declaring sale of business and defining food services bargaining unit.

The applicant union filed an application under section 69 of the Labour Relations Act regarding the sale of a business.

Prior to the hearing, the parties signed a memorandum of settlement agreeing that a sale of a business had occurred from Les Soeurs de la Charité d’Ottawa to ARAMARK Canada Ltd. The Board issued a consent order declaring the sale and defining the bargaining unit for food services employees.

Syndicat canadien de la fonction publique, Canadian Union of Public Employees c. Les Soeurs de la Charité d’Ottawa – Mont St-Joseph et ARAMARK Canada Ltd., 2000 CanLII 17188

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant, United Steelworkers of America, sought to withdraw its application against the responding party, CPI Plastics Group Ltd. The Ontario Labour Relations Board granted leave to withdraw the application.

United Steelworkers of America v. CPI Plastics Group Ltd., 2000 CanLII 3842

Mary Ellen Cummings

Board finds applicants pleaded a prima facie case of a breach of the duty of fair representation.

The applicants filed an application under section 96 of the Labour Relations Act, 1995, alleging that the responding union breached its duty of fair representation under section 74.

The union argued that the applicants failed to make out a prima facie case.

The Board reviewed the application and concluded that the applicants had pleaded a prima facie case.

Lawrence Kevin Redman and Stephen Bell v. Ontario Public Service Employees Union and its Local 256, 2000 CanLII 3681

Mary Ellen Cummings

G. Pickell

A. Haward

Employment and Labour Law

Board orders counting of undisputed ballots in certification vote to clarify litigation positions.

In an application for certification in the construction industry, the Board directed a vote with segregated ballots.

The intervenor conceded all but one challenge to voter eligibility but argued the ballots should not be counted until the final challenge was resolved.

The Board ordered the undisputed ballots to be counted to bring clarity to the parties' litigation positions.

The Board declined to make an advance production order regarding the intervenor's voluntary recognition agreement, noting that Rule 36 of the Board's Rules of Procedure already addressed the issue.

Labourers’ International Union of North America, Local 506 v. Yukon Construction Inc., 2000 CanLII 1115

for 935772 Ontario Limited c.o.b. as "Royal Taxi"

Carl PetersonCounsel
1 appearance

for a number of responding parties

Robert A. StewartCounsel
1 appearance

for Aspen Aluminum

Gary FoersterCounsel
1 appearance
Mike FoersterCounsel
1 appearance
Mark E. GeigerCounsel
1 appearance
Chris EllisCounsel
1 appearance

for Association of Allied Health Professionals: Ontario

Susan UrselCounsel
1 appearance
Bob FrleCounsel
1 appearance
Larna OcampoCounsel
1 appearance

for Bill George Frolick et al

David CowlingCounsel
1 appearance

for Canadian Linen and Uniform Service Company Ltd.

Bob KupchakCounsel
1 appearance
Stephen F. WilsonCounsel
1 appearance
Erin R. KuzzCounsel
1 appearance

for Canadian Union of Public Employees

Dana IvanochkoCounsel
1 appearance
Mohani SwaminathanbCounsel
1 appearance
Any JackmanCounsel
1 appearance
Kim SheppardCounsel
1 appearance

for Canadian Union of Public Employees, Local 2296

Cathy LaceCounsel
1 appearance
Ian ThompsonCounsel
1 appearance

for Carpenters and Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America

Sergio LopesCounsel
1 appearance
David WatsonCounsel
1 appearance

for Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America

Farah BalouCounsel
1 appearance
Steve WolfreysCounsel
1 appearance
Butch BiscoCounsel
1 appearance
David WatsonCounsel
1 appearance

for Carpenters’ and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America

C. CalliganCounsel
1 appearance
Lister TenantCounsel
1 appearance
N. L. JesinCounsel
1 appearance

for City of Toronto

Issic BergerCounsel
1 appearance
Heather CrispCounsel
1 appearance

for College Boréal

George VuiciCounsel
1 appearance
Diane BelandCounsel
1 appearance

for Conseil scolaire de district des écoles catholiques du sud-ouest

François Lee-DaigleCounsel
1 appearance
S. Margot BlightCounsel
1 appearance

for Denise Fitzpatrick

Jeffrey E. Canto-ThalerCounsel
1 appearance

for Family and Children's Services of the District of Thunder Bay

Fred BickfordCounsel
1 appearance

for Fédération des enseignants et enseignantes des écoles secondaires de l’Ontario

Allen GottheilCounsel
1 appearance
Colombe BeauregardCounsel
1 appearance

for Guy Rivest, on his own behalf and on behalf of a group of employees of Les Toitures Raymond 1997 Inc. and/or Les Toitures Raymond et Ass. Inc. and/or Raymond and Associates Roofing Inc.

Bruce SevignyCounsel
1 appearance
Guy RivestSelf-represented
1 appearance

for Hay Management Consultants Limited

Mary EbertsCounsel
1 appearance
Linda TelgarskyCounsel
1 appearance

for herself

Kathy CraneSelf-represented
1 appearance

for himself

Barry EpsteinSelf-represented
1 appearance

for Jack Da Silva

H. P. RolphCounsel
1 appearance

for la Coopérative du Collège Boréal Limitée

Marcel LegerCounsel
1 appearance

for Le Syndicat Canadian de la fonction publique

Denise CarterCounsel
1 appearance
Denise BondyCounsel
1 appearance
John ElderCounsel
1 appearance
Daria IvanochkoCounsel
1 appearance

for Local 2

Ron SmithUnion representative
1 appearance

for Maclean Hunter Canadian Publishing, a division of Maclean Hunter Limited

Charles LeeCounsel
1 appearance
Lee ShouldiceCounsel
1 appearance

for Maclean's Magazine and Canadian Publishing Division of Maclean-Hunter Limited

Lee ShouldiceCounsel
1 appearance
Charles LeeCounsel
1 appearance

for Matrix Construction Ltd.

Tony RobertsAgent
1 appearance

for Metcalfe Realty Company Limited

Michael S. RuddyCounsel
1 appearance
Jan HaubrichCounsel
1 appearance

for Nice-Trim Finish Carpentry Ltd.

Joseph LibermanCounsel
1 appearance

for Ontario Nurses’ Association

Barbara FindlayCounsel
1 appearance
Caroline CohenCounsel
1 appearance
Anne MurrayCounsel
1 appearance
Raymonde BoileauCounsel
1 appearance

for Ontario Public Serivce Employees Union

Tracey MussettCounsel
1 appearance
Richard A. BlairCounsel
1 appearance

for OPSEU

Barb MeilennerUnion representative
1 appearance
Kristin EliotUnion representative
1 appearance
Mario PostareroCounsel
1 appearance
Ed OgibowskiCounsel
1 appearance
Michael YuilleUnion representative
1 appearance
Richard BlairCounsel
1 appearance
Jamie RamageCounsel
1 appearance
Martin SarraUnion representative
1 appearance
Gavin AndersonUnion representative
1 appearance
Pat McGregorUnion representative
1 appearance
Brad ThompsonCounsel
1 appearance

for Peterborough Civic Hospital

Robert HickmanAgent
1 appearance
Philip DayAgent
1 appearance

for Pinevalley Trim & Doors Ltd.

Antonio RodriguesCounsel
1 appearance

for Pinevalley Trim & Doors Ltd. and Wyecroft Lumber and Trim Limited

David ChondonCounsel
1 appearance

for Providence Continuing Care Centre St. Mary’s of the Lake Hospital Site

Sandra CarltonCounsel
1 appearance
Roy FilionCounsel
1 appearance
Jim CorneilCounsel
1 appearance

for responding party employer

Shawn KirwanCounsel
1 appearance
Andrew GreenCounsel
1 appearance

for Richard Appleton and Brian Greene

H. KopytoAgent
1 appearance

for Scarborough Town Centre Holdings Inc.

John BragagnoloCounsel
1 appearance
David C. DanielsCounsel
1 appearance

for Service Employees International Union, Local 204

Karen WalshCounsel
1 appearance
Peggy ReillyCounsel
1 appearance
Kate HughesCounsel
1 appearance

for Sheet Metal Workers’ International Association, Local No. 47

Craig MorrisionCounsel
1 appearance

for Sherwood Trim & Doors Inc.

Edward IrvineCounsel
1 appearance
Joseph MorrisonCounsel
1 appearance

for St. Michael's Hospital

Michael MogaCounsel
1 appearance
Andrew RomanCounsel
1 appearance
Peter ChauvinCounsel
1 appearance

for T. C. Assaly

Andrew ListerCounsel
1 appearance
Linda MosienkoAgent
1 appearance

for the applicant

Michael O’BrienUnion representative
4 appearances
Maurice BroadfootCounsel
1 appearance
John SprackettCounsel
1 appearance
David C. DanielsCounsel
1 appearance
David KelavaCounsel
1 appearance
Luigi CaringiUnion representative
1 appearance
Steve CronkrightUnion representative
1 appearance
Chris AppletonCounsel
1 appearance
W. NicholsUnion representative
1 appearance
Domenic BellanzaAgent
1 appearance
Alison CollierUnion representative
1 appearance
Shelly McMurraySelf-represented
1 appearance
S.B.D. WahlCounsel
1 appearance
T.A. ZakrzewskiCounsel
1 appearance
A.M. MinskyCounsel
1 appearance
Gail PolskeyAgent
1 appearance
Timothy J. BartkiwCounsel
1 appearance
Ron RupkeAgent
1 appearance
Don HogarthCounsel
1 appearance
Nick ColemanCounsel
1 appearance

for the Applicant

Luigi CaringiUnion representative
2 appearances
Mary Elizabeth HartAgent
1 appearance
Self-representedSelf-represented
1 appearance
Tammy FedorukSelf-represented
1 appearance
Georgia SteinhardAgent
1 appearance
Pat DewykAgent
1 appearance
Chris CromptonUnion representative
1 appearance
Walter SquazzinAgent
1 appearance
C.A. GauthierAgent
1 appearance
Joe DaignaultAgent
1 appearance
Gary LopesSelf-represented
1 appearance
James ThorpeSelf-represented
1 appearance
Enir BassaniAgent
1 appearance
John WoonCounsel
1 appearance
Donna SpasicAgent
1 appearance
Ian ReillyAgent
1 appearance
Sandra MajicAgent
1 appearance
Craig MorriceSelf-represented
1 appearance
Donna SpasicCounsel
1 appearance
Ray BrazeauAgent
1 appearance

For the Applicant

Doug TschirhartSelf-represented
1 appearance

for the Applicant Association

Harold PiccininniAgent
1 appearance

for the applicants

Barry WeislederSelf-represented
1 appearance
Mr. LigtenbergAgent
1 appearance
Bernard FishbeinCounsel
1 appearance
Deborah BerlachCounsel
1 appearance

for the Applicants

Jerry JoyCounsel
1 appearance
James NoonanCounsel
1 appearance
Roger FultonCounsel
1 appearance

for the Applicants and the Respondent Stelco

Toni-Anne N. DasentCounsel
1 appearance
Roger FultonCounsel
1 appearance
James B. NoonanCounsel
1 appearance
Jerry JoyCounsel
1 appearance

for the Applicants and the Respondent Stelco Inc.

Roger FultonCounsel
1 appearance
James B. NoonanCounsel
1 appearance
Jerry JoyCounsel
1 appearance
Toni-Anne N. DasentCounsel
1 appearance

for the Applicant Union

Antonio J. PintoUnion representative
1 appearance

for the Association of Allied Health Professionals: Ontario

Laura TrachukAgent
1 appearance
Sheila PhilipsAgent
1 appearance
Lynn KeaysAgent
1 appearance

for the Canadian Union of Public Employees, Local 5167

Mark GallinaCounsel
1 appearance
Gus OliveiraCounsel
1 appearance
Michael StokesCounsel
1 appearance

for the Carpenters

Andy RootCounsel
1 appearance
C. CalliganCounsel
1 appearance
N. L. JesinCounsel
1 appearance

for the CAW Canada

Anthony F. DaleCounsel
1 appearance
Chris OuelletteUnion representative
1 appearance

for the City of Hamilton

Walter ThorntonCounsel
1 appearance
Robert MenaghCounsel
1 appearance

for the City of Waterloo Staff Association and the applicant

Christopher WilsonCounsel
1 appearance

for the corporate and individual responding parties

Tony FontanaSelf-represented
1 appearance
Michael HoranCounsel
1 appearance
Tony Della LiberaSelf-represented
1 appearance

for the Corporation of the City of Peterborough

Paul WearingCounsel
1 appearance
Murray HynesAgent
1 appearance

for the Corporation of the City of Waterloo

Kathy DurstCounsel
1 appearance
Stephen F. GleaveCounsel
1 appearance

for the Corporation of the Township of Michipicoten

Don CheslockAgent
1 appearance
Grant SouthwellAgent
1 appearance
David CamelettiCounsel
1 appearance

for the Crown in Right of Ontario

Stephen PatersonCounsel
1 appearance

for the Employees’ Union Providence Continuing Care Centre, St. Mary’s of the Lake Hospital

Brian HarrisCounsel
1 appearance
Gerry VarricchioCounsel
1 appearance

for the employer

June TremblayAgent
1 appearance
J. MaltbyAgent
1 appearance
K. W KortCounsel
1 appearance
V PanettaCounsel
1 appearance

For the Employer

Helmut SchletzAgent
1 appearance

for the Group of Employees

Leanne ChahleyCounsel
1 appearance
Beth SmithAgent
1 appearance
Sue MedvedAgent
1 appearance
Sandy McManusAgent
1 appearance
Paula ValoisAgent
1 appearance
Caroline TherrienAgent
1 appearance
Lori BowermanAgent
1 appearance
Margaret TraynorAgent
1 appearance

for the Groups of Anonymous Employees

Kamal HaffarAgent
1 appearance
Patricia FitzpatrickAgent
1 appearance

for the Groups of Employees

Mandy WarnerAgent
1 appearance

for the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721

Gary CarolineCounsel
1 appearance
Tony AlmeidaUnion representative
1 appearance

for the intervenor

Mike McCrearyCounsel
1 appearance
Rocco LotitoCounsel
1 appearance
Ron CarltonUnion representative
1 appearance
Mark J. LewisCounsel
1 appearance

for the intervenors

Lynne PhillipsSelf-represented
1 appearance
Bruce HawkinsSelf-represented
1 appearance
Patricia Syms SutherlandSelf-represented
1 appearance
Jim WalshSelf-represented
1 appearance
Doreen RahnSelf-represented
1 appearance
Patricia RutterSelf-represented
1 appearance
Teresa SoulliereSelf-represented
1 appearance
Susan GreatrixSelf-represented
1 appearance
Bob DeymanSelf-represented
1 appearance

for the Labourers’ International Union of North America

Don PentelokeCounsel
1 appearance
Henry PerreiraCounsel
1 appearance
Tony IanuzzziCounsel
1 appearance
John MoszynskiCounsel
1 appearance

for the Ministry

Brian BlumentalCounsel
1 appearance

for the Ministry of Labour

Heidi Ann Lazar-MeynCounsel
3 appearances
Judie ImCounsel
2 appearances
Bridget LynettCounsel
1 appearance
Richard HousenCounsel
1 appearance
Frank CamilleriCounsel
1 appearance
Robert SindingCounsel
1 appearance
Karen NortheyCounsel
1 appearance
Murray KleinCounsel
1 appearance
Brian FukuzawaCounsel
1 appearance
Karima ChaturCounsel
1 appearance
Bruce ArnottCounsel
1 appearance
Laurie EisenbergCounsel
1 appearance
Rick KulyskiCounsel
1 appearance
Stephen MasonCounsel
1 appearance

for the Ontario Nurses' Association

Maureen O'HalloranCounsel
1 appearance
Laura TrachukCounsel
1 appearance
Cindy WilkeyCounsel
1 appearance

for the OSSTF

Joan FarrellCounsel
1 appearance
Jim ForsterCounsel
1 appearance
Paul RookCounsel
1 appearance
Maurice A. GreenCounsel
1 appearance

for the Professional Fire Fighters Association

Judy HarrisUnion representative
1 appearance
Paul BrownUnion representative
1 appearance
Senka DukovichCounsel
1 appearance

for The Residential Low Rise Forming Contractors’ Association of Metropolitan Toronto and Vicinity

Carl PetersonCounsel
1 appearance

for the Respondent

John ReidAgent
1 appearance
Ron SuddsAgent
1 appearance
Bob DubniakAgent
1 appearance
Bruce DavidsonAgent
1 appearance
Victoria ReaumeCounsel
1 appearance
Darlene PurkessAgent
1 appearance
Mr. DeluzioCounsel
1 appearance
Ken DuffAgent
1 appearance
Clifford WilsonAgent
1 appearance
Leanne ChahleyCounsel
1 appearance
Carole E. HoglundAgent
1 appearance
Steven CarsonAgent
1 appearance
Kees KortCounsel
1 appearance

for the Respondent employees

Ms. ShoreCounsel
1 appearance

for the Respondent MacDonald

Senka DukovichCounsel
2 appearances
Minh Ngoc Thi PhamCounsel
1 appearance

for the Respondents

Bev RosserCounsel
1 appearance
Kadi NabeSelf-represented
1 appearance
Colleen MontgomeryCounsel
1 appearance
Linda HickeyAgent
1 appearance
Doreen LurieSelf-represented
1 appearance
Wendy LobekSelf-represented
1 appearance
Lora MonacoSelf-represented
1 appearance
Mandy WarnerSelf-represented
1 appearance

for the responding employee

Neil BalbossaAgent
1 appearance
Richard VaughanAgent
1 appearance
Robert VaughanSelf-represented
1 appearance

for the responding employer

Gordon SlemkoCounsel
1 appearance

for the responding parties

Harold F. CaleyCounsel
1 appearance
Charles CalliganCounsel
1 appearance

For the Responding Parties

James SaundersUnion representative
1 appearance

for the responding party

Doug ChalmersAgent
2 appearances
Harold CaleyCounsel
2 appearances
Richard DrmajCounsel
2 appearances
Nancy EberCounsel
1 appearance
Margaret Penasse-MayerAgent
1 appearance
Bruno SilanoCounsel
1 appearance
Stephen BordoAgent
1 appearance
Mark A. StoneCounsel
1 appearance
Brent ForemanAgent
1 appearance
D. NapoliCounsel
1 appearance
John MoszynskiCounsel
1 appearance
Jorge ValaUnion representative
1 appearance
Larry PerksAgent
1 appearance
Kendal J. McKinneyCounsel
1 appearance
Tom HudsonAgent
1 appearance
Richard LewkoCounsel
1 appearance
Michael WarrenCounsel
1 appearance
Derek LueCounsel
1 appearance
B. RudichukCounsel
1 appearance
Michael HoranCounsel
1 appearance

for the Responding party

Anna SchaibleSelf-represented
1 appearance

for the Responding Party

Shawn Les StrangeAgent
1 appearance
N. B. McCannAgent
1 appearance
Murray ScholtenSelf-represented
1 appearance
Barry BaileySelf-represented
1 appearance
Antonio CastroAgent
1 appearance
Nick DomenichielloAgent
1 appearance

for the Southern Ontario Newspaper Guild

Lorne SlotnickCounsel
2 appearances
Luiza MonteiroCounsel
2 appearances
Kathleen MartinCounsel
2 appearances

for the TDSB

Lynda GrovesCounsel
1 appearance
Brenda BowlbyCounsel
1 appearance

for the United Brotherhood of Carpenters and Joiners of America

Walter TracognaUnion representative
1 appearance
David WatsonCounsel
1 appearance

for the United Brotherhood of Carpenters and Joiners of America, Local 1256

N.L JesinCounsel
1 appearance
R. CarltonCounsel
1 appearance

for the Universal Workers Union, LIUNA Local 183

Tony PintoCounsel
1 appearance
Marcia KredentserCounsel
1 appearance

for the Universal Workers Union, L.I.U.N.A., Local 183 and the International Union of Operating Engineers, Local 793

A. MinskyCounsel
1 appearance
M. LewisCounsel
1 appearance
Rocco LotitoUnion representative
1 appearance

for Thomas Fuller Construction Co. (1958) Ltd.

Bill FullerCounsel
1 appearance

for Thomas G. Fuller & Sons Limited

Simon FullerCounsel
1 appearance

for Toronto Parking Authority

Barry MartinCounsel
1 appearance
William LeMayCounsel
1 appearance

for Windsor Casino Limited

Ken DiFedericoCounsel
1 appearance
Carolyn KayCounsel
1 appearance

for Wyecroft Lumber and Trim Limited

Philomena BlakeCounsel
1 appearance

on her own behalf

Cheryll TuckerSelf-represented
1 appearance
Evelyn McKinleySelf-represented
1 appearance
Judy MacintoshSelf-represented
1 appearance

on his own behalf

Lincoln RambaranSelf-represented
1 appearance
Brian MacDonaldSelf-represented
1 appearance
Nelson DaSilvaSelf-represented
1 appearance
J. Stephen WilsonSelf-represented
1 appearance

on their own behalf

Natasha Rosemary ReidSelf-represented
1 appearance
Rosa XavierSelf-represented
1 appearance

representing herself

Arline DeaconSelf-represented
1 appearance

482

Decisions

Years active

Tribunals

2.2

cases/mo

OLRB410(85%)

OPEHT72(15%)

Decision types

motion

308

appeal

113

trial

/Adjudicator

Mary Ellen Cummings — Vice-Chair

Indigenous Legal Issues

Mary Ellen Cummings

Vice-Chair·Ontario Pay Equity Hearings Tribunal·Since 1991

OPEHT OLRB

482

cases · 19 yrs · OLRB, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

Alternate Chair· 250Alternate Chair· 87Chair· 51Alternate Chair· 38Vice-Chair· 12Vice-Chair· 9Vice-Chair· 9Adjudicator/Referee· 8

R. R. Montague

Mary Ellen Cummings

J. A. Ronson

Representation vote directed in certification application with ballot box sealed pending bargaining unit dispute resolution.

The applicant trade union applied for certification.

The Board directed that a representation vote be taken, with the ballot box sealed pending resolution of the bargaining unit dispute.

Individuals in disputed logging and road building positions were permitted to cast segregated ballots.

I.W.A. Canada, Local 2693 Industrial Wood & Allied Workers of Canada v. R. Fryer Forest Products Ltd., 2000 CanLII 11258

R. R. Montague

Mary Ellen Cummings

J. A. Ronson

Representation vote directed in union certification application despite employer's dispute over bargaining unit composition.

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

The responding party disputed the applicant's estimate of the number of employees 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 numerical difference between the parties was not significant.

The Board directed that a representation vote be taken, with disputed clerical positions casting segregated ballots.

Brewery General & Professional Workers Union v. Eastern Wire & Conduit, 2000 CanLII 8146

R. R. Montague

Mary Ellen Cummings

J. A. Ronson

Representation vote ordered in certification application for municipal employees.

The applicant trade union filed an application for certification to represent employees of the responding party municipality.

Local Union 636 of the International Brotherhood of Electrical Workers v. The Corporation of the Township of Tay, 2000 CanLII 6709

Mary Ellen Cummings

OLRBOntario Labour Relations BoardDec 6, 2000

Application adjourned sine die on consent for up to one year.

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

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if neither party requests to proceed.

International Brotherhood of Construction Workers, Construction Council of Ontario v. P.H.E. Contractor Sales Ltd., 2000 CanLII 10888

Mary Ellen Cummings

OLRBOntario Labour Relations BoardDec 5, 2000

Construction industry grievance referral adjourned sine die pending resolution of related single employer application.

The applicant union referred a construction industry grievance to the Board under section 133 of the Labour Relations Act, 1995.

The grievance was related to another application seeking a single employer and sale of business declaration.

The Board adjourned the grievance referral sine die for up to one year, pending the resolution of the related application.

Labourers’ International Union of North America, Local 1081 v. 652067 Ontario Inc., 2000 CanLII 10233

Mary Ellen Cummings

OLRBOntario Labour Relations BoardDec 4, 2000

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application.

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

Budd Canada Inc. v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), 2000 CanLII 7414

Mary Ellen Cummings

OLRBOntario Labour Relations BoardNov 30, 2000

Board sets strict deadlines for union's constitutional challenge to prevent delay of non-construction employer declaration.

The applicant was previously found to meet the preconditions for a 'non-construction employer' declaration under s. 127.2 of the Labour Relations Act, 1995.

The responding party filed a Notice of Constitutional Question.

The applicant raised concerns that the constitutional argument was being used merely to delay the issuance of remedial orders and requested an expedited procedure.

The Board directed the responding party to file fulsome submissions on its constitutional argument by a strict deadline, failing which the Board would issue the remedial orders.

Reitmans (Canada) Limited v. The Carpenters’ District Council of Ontario, 2000 CanLII 8524

Mary Ellen Cummings

G. Pickell

A. Haward

Applications for single employer and sale of business declarations adjourned sine die on consent.

On the first day of hearing, the parties entered into a Memorandum of Agreement regarding document production and agreed to consult before requesting new dates.

The Board adjourned the matters sine die for a period not exceeding one year.

Labourers’ International Union of North America, Local 1081 v. 652067 Ontario Inc., 2000 CanLII 11048

Mary Ellen Cummings

Application withdrawn with leave of the Board on agreement of the parties.

International Union of Operating Engineers Local 772 v. DSM Engineering Plastics Ltd., 2000 CanLII 10667

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

Conseil scolaire de district catholique du Centre-Est de l’Ontario v. Syndicat canadien de la Fonction publique, 2000 CanLII 2409

Mary Ellen Cummings

Certificates issued to trade union following successful representation vote in construction industry application.

The applicant trade union applied for certification in the construction industry.

The responding party's request for reconsideration of a prior decision regarding voter eligibility remained pending.

Sheet Metal Workers’ International Association, Local Union No. 47 v. Les Toitures Raymond 1997 Inc., 2000 CanLII 12852

Mary Ellen Cummings

Time for responding party to file response extended to December 8, 2000.

The Ontario Labour Relations Board issued a procedural decision extending the time for the responding parties to deliver and file their response to December 8, 2000.

Madani Bah v. Labourers’ International Union of North America, Local 506 and Constructions de Mausolées Carrier Inc., 2000 CanLII 3276

Mary Ellen Cummings

Responding party directed to file submissions regarding applicant's letter by November 27, 2000.

Reitmans (Canada) Limited v. The Carpenters’ District Council of Ontario, 2000 CanLII 7886

Mary Ellen Cummings

Board orders disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

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

The workplace parties entered into Minutes of Settlement.

The matter was deemed terminated absent a request from the Ministry of Labour to relist it for hearing.

BXL Printers v. Robert O’Donnell and Ministry of Labour, 2000 CanLII 3151

Laurie Eisenberg

22 cases2000–2001

Mary Ellen Cummings

Application dismissed due to the applicant's failure to attend the scheduled hearing.

The applicant appealed an employment standards officer's decision finding no employment relationship with the responding party.

On the scheduled hearing date, neither the applicant nor the responding party attended.

After waiting 30 minutes, the Board dismissed the application for failure to attend.

Bryan Hallett v. Taekwondo Mudokwan Academy and Ministry of Labour, 2000 CanLII 2621

Mary Ellen Cummings

OLRBOntario Labour Relations BoardNov 3, 2000

Application withdrawn with leave of the Board following Minutes of Settlement.

The applicant sought to withdraw her application before the Ontario Labour Relations Board following the execution of Minutes of Settlement.

The Board granted leave and the application was withdrawn.

Susan M. Lane v. Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 141, 2000 CanLII 6500

Mary Ellen Cummings

Board issues consent order declaring sale of business and defining food services bargaining unit.

The applicant union filed an application under section 69 of the Labour Relations Act regarding the sale of a business.

Syndicat canadien de la fonction publique, Canadian Union of Public Employees c. Les Soeurs de la Charité d’Ottawa – Mont St-Joseph et ARAMARK Canada Ltd., 2000 CanLII 17188

Mary Ellen Cummings

Application withdrawn with leave of the Board.

United Steelworkers of America v. CPI Plastics Group Ltd., 2000 CanLII 3842

Mary Ellen Cummings

Board finds applicants pleaded a prima facie case of a breach of the duty of fair representation.

The applicants filed an application under section 96 of the Labour Relations Act, 1995, alleging that the responding union breached its duty of fair representation under section 74.

The union argued that the applicants failed to make out a prima facie case.

The Board reviewed the application and concluded that the applicants had pleaded a prima facie case.

Lawrence Kevin Redman and Stephen Bell v. Ontario Public Service Employees Union and its Local 256, 2000 CanLII 3681

Mary Ellen Cummings

G. Pickell

A. Haward