N. B. Satterfield

G. B. Fox

E. Rovet

9 cases1980–1988

David McKee

85 cases1980–2000

N. B. Satterfield

C. G. Bourne

B. Armstrong

OLRBOntario Labour Relations BoardApr 24, 1981

Petition to terminate bargaining rights found voluntary despite employees being bound by a shareholders' agreement.

The applicant and a group of employees applied to terminate the respondent union's bargaining rights.

The Board considered whether the petition supporting the application was voluntary, given that the employees were also shareholders bound by a shareholders' agreement to further common interests.

The Board found that the employees were motivated by their financial interests as shareholders threatened by the continuation of the union's bargaining rights, and not by the legal covenant in the agreement.

The Board concluded the petition was a voluntary expression of their wishes and directed the application to continue to determine if the signatories were employees in the bargaining unit.

Peter Muscat and a Group of Employees v. United Food and Commercial Workers International Union, Local P287, 1981 CanLII 824

W. R. Buchner

Scott Beech

Ronald Dickie

Kevin V. Fisher

N. B. Satterfield

H.J.F. Ade

C. A. Ballentine

OLRBOntario Labour Relations BoardApr 10, 1981

Employee association found to have ceased to exist; purported collective agreement no bar to certification.

The applicant union applied for certification.

The employer and the intervener employee association argued that an existing collective agreement barred the application.

The Board found that the association lacked a constitution and evidence of employees being bound together by agreement, concluding that the association had ceased to exist as a trade union.

Consequently, the purported collective agreement was not a valid bar to the application.

The Board directed further hearings on the bargaining unit composition and a petition of objection.

United Food and Commercial Workers International Union v. Footwear Fashions Limited, 1981 CanLII 798

O. Hodges

N. B. Satterfield

OLRBOntario Labour Relations BoardMar 30, 1981

F. W. Murray

OLRB0 cases1980–1988

Board includes truck drivers, mechanics, and servicemen in all-employee bargaining unit for certification.

The applicant union sought certification for a bargaining unit of employees at the respondent's plant.

The respondent and objectors argued that truck drivers, servicemen, and motor vehicle mechanics should be excluded from the unit due to a separate community of interest.

The Board applied the Usarco factors and found that the employees did not comprise a unit of such diverse interests and functions to warrant exclusion from an all-employee unit.

The Board also declined to exercise its discretion to conduct a vote on the appropriateness of the unit.

A formal certificate was issued to the applicant.

Labourers' International Union of North America, Local 183 v. Mason Windows Limited, 1981 CanLII 943

H. G. Kerby

D. W. Brady

8 cases1980–1986

N. B. Satterfield

H. Simon

C. G. Bourne

OLRBOntario Labour Relations BoardMar 26, 1981

Complaint dismissed; contracting out work during statutory freeze was a valid exercise of pre-existing management rights.

The complainant union alleged that the employer violated the statutory freeze under section 70(1) of the Labour Relations Act by contracting out garbage collection and landfill operations, resulting in the layoff of three employees.

The employer argued it was exercising a pre-existing management right for bona fide business reasons.

The Ontario Labour Relations Board dismissed the complaint, finding that the employer had the right to contract out work prior to the freeze and had substantially progressed towards exercising that right before the freeze began.

The Board concluded that the employer's actions did not constitute an alteration of the terms or conditions of employment contrary to the Act.

Canadian Union of Public Employees v. Corporation of the Town of Petrolia, 1981 CanLII 859

Stan Henderson

5 cases1980–1984

M. Powell

4 cases1980–1981

James H. Wilson

2 cases1981–1981

Harold F. Caley

51 cases1980–2003

E. Rovet

9 cases1980–1988

N. B. Satterfield

C. G. Bourne

B. Armstrong

OLRBOntario Labour Relations BoardMar 6, 1981

Board declined to defer termination application pending arbitration over employee recall rights.

The applicant sought a declaration to terminate the respondent union's bargaining rights.

The union raised a preliminary issue, arguing the Board should defer its determination until a pending arbitration decided whether certain employees were properly recalled under the collective agreement.

The Board declined to await the arbitration outcome, noting the need to avoid further delay and the possibility that the arbitration decision might not resolve the Board's issues regarding voter eligibility.

The Board directed that the application proceed on its merits.

Peter Muscat and a Group of Employees v. United Food and Commercial Workers International Union, Local P287, 1981 CanLII 825

N. B. Satterfield

C. G. Bourne

B. Armstrong

OLRBOntario Labour Relations BoardFeb 24, 1981

Union certified without a vote after employee petition rejected due to lack of first-hand evidence of voluntariness.

The union applied for certification.

A group of employees filed a petition opposing the application, which contained signatures of employees who had previously signed union membership cards.

At the hearing, the representative for the objectors could not provide first-hand evidence regarding the origination of the petition and how the other signatures were obtained.

The Board found that due to these evidentiary gaps, it could not be satisfied that the petition represented the voluntary wishes of the employees.

The Board declined to order a representation vote and granted the certificate to the union.

One Board Member dissented, arguing that a vote should be ordered where there is no allegation of employer involvement and the evidentiary gaps are due to laypersons' unfamiliarity with Board procedures.

Teamsters, Chauffeurs, Warehousemen and Helpers Local No. 91 v. Intercity News Company Limited, 1981 CanLII 910

W.F. Rutherford

N. B. Satterfield

C. G. Bourne

OLRBOntario Labour Relations BoardJan 26, 1981

Board lacks jurisdiction under s. 112a for grievances between parties of like interest, but grants relief under s. 79.

The Mechanical Contractors Association of Ontario and the Mechanical Contractors Association of Ottawa referred a grievance against Eastern Sheet Metal and Mechanical Contractors under section 112a of the Labour Relations Act, alleging failure to pay required industry fund contributions.

The Board held that it lacked jurisdiction under section 112a to determine a grievance between parties of like interest (an employer bargaining agency and an employer it represents).

However, the Board found that the non-payment of contributions violated section 134(2) of the Act, allowing the Board to grant relief under section 79.

The Ontario Pipe Trades Council v. Eastern Sheet Metal and Mechanical Contractors, 1981 CanLII 872

W. G. Posthumus

4 cases1980–1985

M. Zigler

17 cases1980–2013

G. J. Abols

B. Fishbein

68 cases1980–1996

W. Gibson

OLRB0 cases1980–1990

N. Wilson

OLRB0 cases1981–1992

N. B. Satterfield

OLRBOntario Labour Relations BoardJan 15, 1981

Employer found in violation of provincial agreement for failing to hire union members and subcontracting non-union.

The applicant union referred a grievance to the Ontario Labour Relations Board alleging that the respondent employer violated the provincial collective agreement by failing to hire union members and by subcontracting work to a non-union firm.

The employer argued that the collective agreement had expired and that the union's notice to bargain was defective.

The Board found that the parties were bound by the provincial agreement, that the notice to bargain was valid given the parties' subsequent bargaining conduct, and that the employer had violated the hiring and subcontracting provisions.

The Board directed the parties to agree on the amount of damages owing to the union.

International Association of Heat and Frost Insulators and Asbestos Workers, Local 95 v. Master Insulation Company Limited, 1981 CanLII 945

O. Hodges

N. B. Satterfield

J. D. Bell

OLRBOntario Labour Relations BoardDec 10, 1980

Application for pre-hearing representation vote dismissed due to membership evidence naming a different trade union.

The applicant trade union applied for a pre-hearing representation vote under section 8 of the Labour Relations Act.

The Board declined to direct the vote and dismissed the application because all the persons the applicant claimed to represent had applied for membership in a trade union other than the applicant.

A concurring opinion suggested that the Board's procedures should be altered to allow an applicant to amend the style of cause immediately upon filing when the membership cards name the parent organization rather than the local union applicant.

District Lodge 717, International Association of Machinists and Aerospace Workers v. Canada Valve Limited, 1980 CanLII 776

Y. Hamlin

W. R. Herridge Q. C.

6 cases1980–1991

R. Wright

4 cases1980–2016

Ronald P. Leitch

J. Duffy

J. Adema

2 cases1980–1981

Douglas B. Anderson

Debra McAllister

B. Fishbein

68 cases1980–1996

O. Hodges

N. B. Satterfield

J. D. Bell

OLRBOntario Labour Relations BoardDec 10, 1980

Board Member O. Hodges issues concurring decision, making the October 16, 1980 decision unanimous.

A concurring decision by Board Member O. Hodges of the Ontario Labour Relations Board, stating his agreement with his colleagues.

The concurrence renders the Board's earlier decision of October 16, 1980, unanimous.

Christian Labour Association of Canada v. Richmond Insulation Company, 1980 CanLII 834

Y. Hamlin

W. R. Herridge Q. C.

6 cases1980–1991

Ronald P. Leitch

J. Duffy

Douglas B. Anderson

Debra McAllister

B. Fishbein

68 cases1980–1996

O. Hodges

N. B. Satterfield

J. D. Bell

OLRBOntario Labour Relations BoardOct 16, 1980

Board orders continuation of certification and successor employer hearing despite ongoing medical unavailability of respondent's key witness.

The Board considered how to proceed with consolidated applications for certification and a successor employer declaration after the respondent's key witness became medically unavailable to complete her cross-examination.

The intervener requested that the certification application be terminated or adjourned indefinitely until the witness could testify.

The applicant union argued for the hearing to proceed.

The Board refused to terminate the certification application, finding that the alleged dissolution of the employer was a voluntary act that did not extinguish the union's right to have its application adjudicated as of the application date.

Balancing the prejudice to all parties, the Board concluded that the applicant's interest in avoiding further delay outweighed the evidentiary difficulties caused by the witness's absence, and scheduled peremptory dates for the continuation of the hearing.

Christian Labour Association of Canada v. Richmond Insulation Company, 1980 CanLII 835

N. B. Satterfield

OLRBOntario Labour Relations BoardSep 12, 1980

Complaint dismissed without a hearing for failure to provide particulars and establish a prima facie case.

The complainant filed a complaint under section 79 of the Labour Relations Act.

The Board previously granted an adjournment on the condition that the complainant provide full particulars of the complaint within 30 days.

The complainant failed to provide the required particulars or advise the Registrar.

As the complaint alleged a violation of a procedural section without specifying any substantive violation of the Act, it failed to make out a prima facie case and was dismissed without a hearing.

Herbert Jennings v. Corporation of the City of Toronto and The Canadian Union of Public Employees, Toronto Civic Employees Union, Local Union 43, 1980 CanLII 998

R. R. Dunsinore

Pamela Sigurdson

W.F. Rutherford

N. B. Satterfield

OLRBOntario Labour Relations BoardAug 25, 1980

J. A. Ronson

OLRB0 cases1980–2001

Grievance dismissed; employer properly retained junior mechanics who possessed necessary specialized skills for remaining work.

The union referred a grievance to arbitration alleging that the employer violated the collective agreement by laying off senior elevator mechanics while retaining two junior mechanics during a shortage of work.

The employer argued that the retained junior mechanics possessed specialized skills (adjusting and contract service on specific equipment) that the senior mechanics lacked.

The Board found that the collective agreement's seniority clause was qualified by a requirement that retained mechanics have the necessary skill and ability to do the remaining work.

The Board concluded that the employer's assessment of skill and ability was reasonable, honest, and unbiased, and dismissed the grievance.

International Union of Elevator Constructors, Local 50 v. National Elevator and Escalator Association, 1980 CanLII 811

N. B. Satterfield

M. J. Fenwick

J. D. Bell

OLRBOntario Labour Relations BoardAug 22, 1980

Request to reconsider certification decision denied where employer failed to raise objections at original application.

The respondent employer requested that the Board reconsider its 1978 decision certifying the applicant union without a hearing.

The employer argued that the work performed by the employees (stripping a gravel pit) was not work in the construction industry.

The Board dismissed the request, noting that the employer had the opportunity to object or request a hearing at the time of the original application but chose not to do so.

The Board emphasized the need for certainty and finality in its decisions and declined to exercise its discretion to reconsider.

International Union of Operating Engineers, Local 793 v. H. Kerr Construction Limited, 1980 CanLII 957

Win. O'Neill

W. Baerg

S. Gilbert Cragg

2 cases1980–1981

J. G. Knight

3 cases1980–1983

E. Eshpeter

Chris Paliare

10 cases1980–2016

N. B. Satterfield

OLRBOntario Labour Relations BoardJul 7, 1980

Union breached duty of fair representation by arbitrarily removing member's hiring hall eligibility.

The complainant alleged that the respondent unions violated the Labour Relations Act by refusing his union dues, removing him from the out-of-work list, and subsequently filing internal union charges against him.

The Board found that the union officials acted arbitrarily and in bad faith by filing charges after an eight-month delay to remove the complainant's good standing status and eligibility for referral from the hiring hall.

The Board ordered the respondents to restore the complainant's good standing and compensate him for lost earnings opportunities.

Mario Moreira v. Labourers' International Union of North America, Local 506, 1980 CanLII 821

R. M. Parry

16 cases1980–1993

Douglas J. Wray

69 cases1980–2001

O. Hodges

N. B. Satterfield

C. G. Bourne

OLRBOntario Labour Relations BoardJun 17, 1980

Board finds sale of business where new company acquired predecessor's assets, premises, and exclusive franchise.

The applicant union sought declarations under sections 1(4) and 55 of the Labour Relations Act.

The Board dismissed the section 1(4) application regarding Spanway Building Systems Ltd. and Amorico Associates Ltd., finding they were not related businesses, though a corporate name change did not affect existing bargaining rights.

Regarding section 55, the Board found that a sale of a business occurred when Spanway Buildings Limited acquired the assets, premises, and exclusive franchise of Spanway Building Systems Ltd. Consequently, Spanway Buildings Limited was declared a successor employer bound by the provincial collective agreement.

The Lake Ontario District Council of the United Brotherhood of Carpenters and Joiners of America v. Spanway Building Systems Ltd., 1980 CanLII 851

N. B. Satterfield

M. J. Fenwick

C. G. Bourne

OLRBOntario Labour Relations BoardMay 23, 1980

Reconsideration of unfair labour practice complaint denied despite dismissal of related criminal charges against grievor.

The grievor requested that the Ontario Labour Relations Board reconsider its decision dismissing a complaint that he was discharged for union activities.

The grievor argued that because criminal charges for attempted vandalism—the employer's stated reason for discharge—were dismissed by a provincial court for lack of evidence, the discharge must have been for union activity.

The Board denied the request for reconsideration, explaining that the court and the Board apply different standards of proof and consider evidence for different purposes.

The Board found no new evidence or representations that would warrant reconsidering its finding that the employer did not violate the Labour Relations Act.

One Board member dissented, stating that the dismissal of the criminal charges warranted a reconsideration of the case.

International Molders & Allied Workers Union v. Rehau Plastiks of Canada Limited, 1980 CanLII 831

S. C. Bernardo

42 cases1980–2001

Douglas Wray

10 cases1980–2017

N. B. Satterfield

J. A. Ronson

OLRB0 cases1980–2001

D. B. Archer

OLRBOntario Labour Relations BoardMay 15, 1980

Grievance dismissed; two-week suspension upheld for union steward who orchestrated work slowdowns and truck convoys.

The applicant union grieved a two-week suspension imposed on a truck driver who also served as chief steward.

The employer alleged the grievor deliberately attempted to curtail production by organizing truck convoys, extending breaks, and pressuring other drivers to limit their daily loads.

The Ontario Labour Relations Board found that the grievor's conduct constituted serious interference with the employer's operations and violated the collective agreement.

The Board held that the employer had reasonable cause for discipline and that the two-week suspension was justified, noting that a union steward's leadership position may invite a greater penalty for engaging in conduct that disrupts work.

The grievance was dismissed, with one board member dissenting.

A council of Trade Unions acting as agent for Teamsters Local 230 and L.I.U.N.A. Local 183 v. Metropolitan Toronto Road Builders Association and Repac Construction & Materials Ltd., 1980 CanLII 832

S. Harrington

J. A. Ferenbach

D. J. Wray

4 cases1980–1984

N. B. Satterfield

J. D. Bell