Patricia Hughes

OLRBOntario Labour Relations BoardSep 30, 1986

Final certification revoked and interim certification granted after objecting employees contested a settlement agreement.

The applicant union and respondent hospital reached a settlement regarding the status of disputed employees in an application for certification, leading the Board to grant final certification.

However, objecting employees subsequently informed the Board that they did not sign the settlement because they disagreed with it, not because they declined to participate.

The Board reconsidered its decision, revoked the final certification, granted interim certification, and reappointed a Labour Relations Officer to inquire into the disputed individuals.

Ontario Nurses' Association v. Winchester District Memorial Hospital, 1986 CanLII 1391

George Surdykowski

4 cases1980–1986

E. G. Posen

8 cases1981–1987

Bernard Fishbein

79 cases1982–2011

Patricia Hughes

OLRBOntario Labour Relations BoardSep 23, 1986

Union did not breach duty of fair representation by applying two-job rule to striking member.

The complainant, a union member on strike from his regular employment, alleged that his union breached section 69 of the Labour Relations Act by failing to refer him to a job through its hiring hall.

The union applied its 'two-job rule', which required members to quit their current employment before being dispatched to a new job.

The complainant argued this rule was applied arbitrarily and discriminatorily, particularly compared to the treatment of 'travellers' from other locals.

The Board found that the rule had a cogent labour relations purpose to equitably distribute work among unemployed members.

The Board concluded the union did not act arbitrarily, discriminatorily, or in bad faith, and dismissed the complaint.

Ron Lawrence v. International Brotherhood of Electrical Workers, Local Union No. 120, 1986 CanLII 1389

Patricia Hughes

D. A. Patterson

D. A. MacDonald

OLRBOntario Labour Relations BoardSep 16, 1986

Certification application dismissed due to applicant's failure to attend scheduled Officer's meeting.

The applicant union filed an application for certification and requested a pre-hearing vote.

After a rescheduled meeting with a Labour Relations Officer, the applicant failed to attend.

Despite the applicant's counsel submitting that the failure was due to inadvertent coincidences, the Board noted that the notice of meeting explicitly stated that failure to attend would result in rejection of the application.

Consequently, the application was dismissed.

Great Lakes Fishermen and Allied Workers' Union v. S. Catrini Fisheries Inc., 1986 CanLII 1385

Patricia Hughes

D. A. Patterson

D. A. MacDonald

OLRBOntario Labour Relations BoardSep 4, 1986

Pre-hearing representation vote directed in certification application despite blank Form 9; ballot box sealed.

The applicant union applied for certification and requested a pre-hearing representation vote.

The parties disagreed on the description and scope of the bargaining unit.

The Board determined the voting constituency based on the applicant's proposed unit.

Despite the applicant filing a blank Form 9 declaration, the Board found sufficient appearance of membership support to direct a pre-hearing vote.

The Board ordered the ballot box sealed pending resolution of the Form 9 issue and other disputes.

Great Lakes Fishermen and Allied Workers' Union v. F. Causarano Fishery Limited, 1986 CanLII 1371

W. J. Hayter

14 cases1981–2000

M. Teodorescu

B.A. B. Simpson

OLRBMajority (Wrote the majority reasons)0 cases1986–1991

Patricia Hughes

F. W. Murray

OLRBDissenting0 cases1980–1988

D. A. Patterson

OLRBMajority0 cases1986–2001

OLRBOntario Labour Relations BoardJun 19, 1986

Government-subsidized workers in make-work programs found to be employees of the respondent for certification purposes.

The applicant union sought certification to represent employees of the respondent.

The parties disagreed on the status of six individuals who were fully subsidized by government make-work programs (the Futures Program and a municipal welfare program).

The respondent argued these individuals were not its employees because they were funded and partially controlled by external agencies.

Applying the York Condominium criteria, the Board found that the respondent exercised day-to-day control, assigned work, and benefited from their labour.

The Board concluded that the six individuals were employees of the respondent for the purposes of the Labour Relations Act and included them in the bargaining unit.

Canadian Union of Restaurant and Related Employees v. Telkom Corporation, 1986 CanLII 1514

L. Steinberg

46 cases1982–2003

G. W. Adams, Q.C.

OLRBUnanimous0 cases1980–1987

P.J. O'Keeffe

Patricia Hughes

OLRBUnanimous0 cases1985–1987

M. A. F. Stockton

OLRBOntario Labour Relations BoardJun 16, 1986

Employer's preliminary objections to grievance regarding failure to recall dismissed; matter to proceed on merits.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 124 of the Labour Relations Act, alleging that the grievor was dismissed when the respondent employer failed to recall him from a layoff.

The respondent raised several preliminary objections, including that the grievor lacked status as an employee, notice requirements were not met, the grievance was untimely, and the collective agreement contained no recall rights.

The Board dismissed all preliminary objections, finding that the grievor's status could not be determined without hearing the merits, the notice provided was sufficient, there were reasonable grounds to extend the time limits, and the grievance disclosed a cause of action with some chance of success.

The matter was directed to proceed on its merits.

Local 787 of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada v. J. H. Lock & Sons Limited, 1986 CanLII 1509

R. Ross Wells

16 cases1985–2010

John B. West

Not Practising Law5 cases1983–1988

W. H. Wightman

OLRBConcurring0 cases1981–1996

Patricia Hughes

OLRBMajority (Wrote the majority reasons)0 cases1986–1991

B. L. Armstrong

OLRBMajority0 cases1980–1997

OLRBOntario Labour Relations BoardJun 4, 1986

Tree cutters working exclusively for Ontario Hydro declared dependent contractors under the Labour Relations Act.

The applicant union sought a declaration that two tree cutters were dependent contractors for Ontario Hydro under section 1(1)(h) of the Labour Relations Act.

The workers had formed a partnership and contracted exclusively with Hydro to remove danger trees near power lines.

The Board found that the workers were economically dependent on Hydro, as they performed 100% of their work for Hydro and exhibited no entrepreneurial activity.

Furthermore, their duties more closely resembled those of employees than independent contractors, given the detailed instructions, training, and integration into Hydro's operations.

The Board declared the workers to be dependent contractors.

CUPE- CLC, Ontario Hydro Employees Union, Local 1000 v. Ontario Hydro (Bancroft Area), 1986 CanLII 1513

Patricia Hughes

OLRBOntario Labour Relations BoardMay 14, 1986

Duty of fair representation complaint dismissed; union reasonably considered likelihood of success and financial constraints.

The complainant alleged that the respondent union breached its duty of fair representation under section 68 of the Labour Relations Act by failing to take his grievance regarding his rate of pay to arbitration.

The union had previously lost a similar group grievance at arbitration and, facing financial constraints, decided not to pursue the complainant's grievance.

The Board found that the union had directed its mind to the complainant's concerns, weighed relevant factors including the likelihood of success and the union's financial resources, and did not act in an arbitrary, discriminatory, or bad faith manner.

The complaint was dismissed.

Mike Brinovec v. Sheet Metal Workers International Association, Local 575, 1986 CanLII 1487

Mary Jean O'Connor

Practising Law - Employed1 case1986–1986

John W. Woon

18 cases1983–2012

Hector B. Martinez

B. P. Beilmore

Ann Noble

OLRBUnanimous0 cases1986–1986

R. I. Gallivan

Patricia Hughes

OLRBUnanimous0 cases1983–1987

L. C. Collins

OLRBOntario Labour Relations BoardApr 30, 1986

Board orders partial production of negotiator's notes, balancing right to full defence against bargaining strategy secrecy.

During a hearing into an unfair labour practice complaint alleging the union bargained to impasse over a single collective agreement, the union sought production of the employer negotiator's notes to test his credibility regarding alleged strike threats.

The Board ordered partial production of the notes, balancing the union's right to make a full defence against the employer's right to maintain the secrecy of its negotiating strategy.

The Board restricted production to notes directly relevant to the alleged threats and the specific proposals at issue, excluding notes detailing the employer's broader bargaining strategy.

The Canadian Red Cross Society Blood Transfusion Service v. The Canadian Red Cross Blood Transfusion Service Employees Association, 1986 CanLII 1592

for 504578 Ontario Limited, operating as Murray Collard Fisheries, H. Tiessen Fisheries Ltd. and Presteve Foods Limited

Brian P. NolanCounsel
1 appearance

for A. Figliomeni & Sons Limited, Four Brothers Fishing Co. Limited, Favignana Fishing Co. Limited and S. Catrini Fisheries Inc.

Rodney M. GodardCounsel
1 appearance

for Charmaine's Janitorial Services

Mr. OlmsteadAgent
1 appearance

for Consumers Distributing

Cliff St. PierreAgent
1 appearance
M. E. GeigerCounsel
1 appearance
Mike GietkaAgent
1 appearance

for C. P. Fisheries Ltd., 538391 Ontario Limited and Family Fishery Company

R. Gary McListerCounsel
1 appearance

for F. Causarano Fishery Limited, Murray & Ken Loop Fishery Ltd., Batista Fisheries Ltd., Franklin Fishery (Wheatley) Inc., James Taylor Fishery Ltd., Simmons Fishery Ltd., Harvey Getty & Sons Ltd. and Philcox & Elsley Fishery Ltd.

D. S. JovanovicCounsel
1 appearance
Pam KrauseCounsel
1 appearance

for Gail R. Wells, Benita Larsen, Tanya Zablishinsky, Pamela Delaurier and John Kucharczuk

Lily HarmerCounsel
1 appearance
Sheila CuthbertsonCounsel
1 appearance

for Graphic Communications International Union, Local 500M

Jim CowanUnion representative
1 appearance
Michael ChurchCounsel
1 appearance
Ron DuquetteUnion representative
1 appearance

for Grey-Bruce Regional Health Centre

Janice BakerCounsel
1 appearance
John WakelyCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as represented by the Minister of Natural Resources

C. G. RiggsCounsel
1 appearance
J. T. ThomsonCounsel
1 appearance
M. CampbellAgent
1 appearance
T. SmithAgent
1 appearance

for Lawson Packaging Toronto

D. FrancisAgent
1 appearance
D. Larry MoggAgent
1 appearance
P. JonesAgent
1 appearance

for Mansour Rockbolting Limited & Mansour Mining Equipment Supply and Repair Inc.

Claude MacMillanCounsel
1 appearance
Milad MansourAgent
1 appearance
Rose MensourAgent
1 appearance

for Master's Brew Pub & Brasserie

Bryan CarrollCounsel
1 appearance
Grant DunnCounsel
1 appearance
Tom BartonCounsel
1 appearance

for Michel LeBlanc

Michel LeBlancSelf-represented
1 appearance
Richard A. HumphreyCounsel
1 appearance

for Ontario Public Service Employees Union

Elizabeth J. ShiltonLennonCounsel
1 appearance
FrancesLankinCounsel
1 appearance
TerryMooreCounsel
1 appearance

for Skyline Ottawa (1980) Limited

Eleanor S. DunnCounsel
1 appearance

for Sudbury Mine Mill & Smelter Workers Union Local 598

G. Joe ZitoCounsel
1 appearance
Roland K. GauthierUnion representative
1 appearance

for Tarandus Associates Ltd.

S. Donald SpellerCounsel
1 appearance

for Teamsters Local 419

Frank GrimaldiAgent
1 appearance
Don SwaitAgent
1 appearance
J. David WatsonCounsel
1 appearance
J. James NymanCounsel
1 appearance

for the applicant

John MoszynskiCounsel
2 appearances
L. A. RichmondCounsel
2 appearances
M. SumkaAgent
2 appearances
L. SteinbergCounsel
2 appearances
D. LoundsUnion representative
1 appearance
Edward KaplanisCounsel
1 appearance
Ethel LaualleyAgent
1 appearance
F. DaSilvaCounsel
1 appearance
Frank GrellaCounsel
1 appearance
Gary WhitehouseAgent
1 appearance
H. BirdUnion representative
1 appearance
Ian RolandCounsel
1 appearance
Jack J. SlaughterCounsel
1 appearance
James HayesCounsel
1 appearance
James WhyteUnion representative
1 appearance
J. CarricatoUnion representative
1 appearance
J. CawicatoAgent
1 appearance
Jim CaronUnion representative
1 appearance
John KearneyCounsel
1 appearance
J. PerquinCounsel
1 appearance

for the Applicant

Richard TaylorCounsel
1 appearance
Terri LabateCounsel
1 appearance
Win. RichardsonCounsel
1 appearance
Cheryl LeggCounsel
1 appearance
Don DaymanCounsel
1 appearance
Douglas J. WrayCounsel
1 appearance
Ian GalbraithCounsel
1 appearance
Murray HynesCounsel
1 appearance
Pauline Lefebvre-HintonCounsel
1 appearance
Anne Marie DeloreyCounsel
1 appearance

for the applicant/complainant

C. M. MitchellCounsel
2 appearances
M. CrnkovichCounsel
2 appearances
L. A. RichmondCounsel
2 appearances
J. PerquinCounsel
2 appearances
F. DaSilvaCounsel
1 appearance
L. SteinbergCounsel
1 appearance

for the applicants

S. VirkSelf-represented
1 appearance
Charlene BanwaitSelf-represented
1 appearance
Balbir KlerSelf-represented
1 appearance

for the complainant

James HayesCounsel
2 appearances
Richard BlairCounsel
2 appearances
Reinaldo SantosSelf-represented
1 appearance
Ron LawrenceSelf-represented
1 appearance
R. TallmanAgent
1 appearance
R. W. KuszelewskiAgent
1 appearance
S. B. D. WahlCounsel
1 appearance
Brando ParisUnion representative
1 appearance
Brent ForemanCounsel
1 appearance
B. W. AdamsAgent
1 appearance
Cristina SantosAgent
1 appearance
David AskewUnion representative
1 appearance
David DoucetteAgent
1 appearance
D. LangtryCounsel
1 appearance
E. G. PosenCounsel
1 appearance
George SurdykowskiCounsel
1 appearance
Glen NaphtaliAgent
1 appearance
Hector B. MartinezCounsel
1 appearance
John O'NeillSelf-represented
1 appearance
John W. WoonCounsel
1 appearance

for the Complainant

Mike BrinovecSelf-represented
1 appearance

for the complainant Bonita Clark

Laura TrachukCounsel
1 appearance
Mary CornishCounsel
1 appearance
Nelson RolandCounsel
1 appearance
Stan GrayAgent
1 appearance

for the intervener

B. KuazahCounsel
1 appearance
B. PearceAgent
1 appearance
C. M. MitchellCounsel
1 appearance
D. H. PeirceCounsel
1 appearance
Dr. Michael BlachaAgent
1 appearance
Fred MironUnion representative
1 appearance
Joe CarrierCounsel
1 appearance
John ShellyAgent
1 appearance
Laurence C. ArnoldCounsel
1 appearance
M. FailesCounsel
1 appearance
Michael HoranCounsel
1 appearance
Robert DunnAgent
1 appearance
S. A. BernofskyCounsel
1 appearance
T. ConnolyCounsel
1 appearance
Vi Harras-PersinalCounsel
1 appearance

for the interveners The Toronto Star and The Hamilton Spectator

Stuart M. RobertsonCounsel
1 appearance

for the intervener The Globe & Mail

Peter JacobsenCounsel
1 appearance

for the Liquor Control Board of Ontario

Brian BeebeCounsel
1 appearance
Gail ChapmanCounsel
1 appearance
Vincent P. JohnstonCounsel
1 appearance

for the objectors

Betty IsbisterAgent
1 appearance
Jacqueline GillesAgent
1 appearance
Jennifer DaileyAgent
1 appearance
Larry ToddCounsel
1 appearance
Mark RoccoAgent
1 appearance
Pam BrundrittAgent
1 appearance
R. JoeCounsel
1 appearance
Sergio ReaAgent
1 appearance
Wayne BlakeAgent
1 appearance
Wayne TraceyAgent
1 appearance

for the respondent

Bernard FishbeinCounsel
2 appearances
Adriano CodinhaAgent
1 appearance
Allan CampbellAgent
1 appearance
Alphonso FanelliAgent
1 appearance
Ann NobleCounsel
1 appearance
Archie CameronCounsel
1 appearance
B.A. B. SimpsonCounsel
1 appearance
B. ChercoverCounsel
1 appearance
B. MarshallCounsel
1 appearance
B. P. BeilmoreCounsel
1 appearance
Brenda ChelskyAgent
1 appearance
Brian BurkettCounsel
1 appearance
B. RutherfordUnion representative
1 appearance
Celso AdrianoAgent
1 appearance
C. HillmerCounsel
1 appearance
Cohn MorleyCounsel
1 appearance
Daniel I. ShieldsCounsel
1 appearance
Dave AlbinsonCounsel
1 appearance
D. GilbertAgent
1 appearance
D. PowerAgent
1 appearance

for the Respondent

Bill StephensCounsel
1 appearance
Brad HollisterCounsel
1 appearance
Bryan O'ByrneCounsel
1 appearance
Carol RitterCounsel
1 appearance
Cathy LaceCounsel
1 appearance
George W. AdamsCounsel
1 appearance
Henry DinsdaleCounsel
1 appearance
Judy HarrisCounsel
1 appearance
Kitch MillardCounsel
1 appearance
Mona AnisCounsel
1 appearance
Paul BrownCounsel
1 appearance
Ted SeftonCounsel
1 appearance

for the respondents

Mary EbertsCounsel
3 appearances
Michael GordonCounsel
2 appearances
Paul WearingCounsel
2 appearances
Thomas F. StefanikCounsel
2 appearances
J. A. RoffeyCounsel
1 appearance
Chris VasilevSelf-represented
1 appearance
D. WilliamsSelf-represented
1 appearance
Edward C. WitthamesAgent
1 appearance
Mark HemingwayCounsel
1 appearance
T. ChurchmuchAgent
1 appearance

for the respondents in File Nos. 1272-86-R, 1280-86-R and 1291-86-R

Mr. GodardCounsel
1 appearance

for the respondents in File Nos. 1276-86-R and 1283-86-R

Brian NolanCounsel
1 appearance

for United Steelworkers of America, Local 1005

Brian GreenawayCounsel
1 appearance
Brian ShellCounsel
1 appearance

on her own behalf

Joyce McConnellSelf-represented
1 appearance

on his own behalf

Harold LuckasavitchSelf-represented
1 appearance
Paul BalkosSelf-represented
1 appearance
Salvatore Di CesareSelf-represented
1 appearance

Decisions

Years active

Tribunals

1.1

cases/mo

OLRB63(90%)

OPEHT7(10%)

Decision types

motion

trial

/Adjudicator

Patricia Hughes — Alternate Chair

Employment and Labour Law

Administrative Law

Other Tribunals

Human Rights

Patricia Hughes

Alternate Chair·Ontario Pay Equity Hearings Tribunal·Since 1986

OPEHT OLRB

cases · 6 yrs · OLRB, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 30Vice-Chairman· 12Vice-Chair· 9Alternate Chair· 5Vice-Chair· 5Vice-Chairman· 4Vice-Chairman· 3Vice-Chairman· Chair· 1

Richard A. Humphrey

G. Joe Zito

Licence Revoked - Administrative Suspension Over 12 Months1 case1986–1986

Claude MacMillan

Patricia Hughes

OLRBUnanimous0 cases1981–1996

H. Kobryn

D. H. Blair

OLRBUnanimous0 cases1984–1986

OLRBOntario Labour Relations BoardOct 6, 1986

Decertification petition dismissed as involuntary; first contract arbitration directed due to employer's failure to bargain expeditiously.

The Board heard consolidated applications for union decertification, first contract arbitration, and unfair labour practices.

The unfair labour practice complaints were reserved.

Michel LeBlanc v. Sudbury Mine Mill & Smelter Workers Union Local 598, 1986 CanLII 1438

W. H. Wightman

OLRBUnanimous0 cases1981–1996

P. J. 0 'Keeffe

OLRBUnanimous0 cases1985–1986

Patricia Hughes

OLRBOntario Labour Relations BoardSep 30, 1986

Final certification revoked and interim certification granted after objecting employees contested a settlement agreement.

The applicant union and respondent hospital reached a settlement regarding the status of disputed employees in an application for certification, leading the Board to grant final certification.

However, objecting employees subsequently informed the Board that they did not sign the settlement because they disagreed with it, not because they declined to participate.

The Board reconsidered its decision, revoked the final certification, granted interim certification, and reappointed a Labour Relations Officer to inquire into the disputed individuals.

Ontario Nurses' Association v. Winchester District Memorial Hospital, 1986 CanLII 1391

George Surdykowski

4 cases1980–1986

E. G. Posen

8 cases1981–1987

Bernard Fishbein

79 cases1982–2011

Patricia Hughes

OLRBOntario Labour Relations BoardSep 23, 1986

Union did not breach duty of fair representation by applying two-job rule to striking member.

The complainant, a union member on strike from his regular employment, alleged that his union breached section 69 of the Labour Relations Act by failing to refer him to a job through its hiring hall.

The union applied its 'two-job rule', which required members to quit their current employment before being dispatched to a new job.

The complainant argued this rule was applied arbitrarily and discriminatorily, particularly compared to the treatment of 'travellers' from other locals.

The Board found that the rule had a cogent labour relations purpose to equitably distribute work among unemployed members.

The Board concluded the union did not act arbitrarily, discriminatorily, or in bad faith, and dismissed the complaint.

Ron Lawrence v. International Brotherhood of Electrical Workers, Local Union No. 120, 1986 CanLII 1389

Patricia Hughes

D. A. Patterson

D. A. MacDonald

OLRBOntario Labour Relations BoardSep 16, 1986

Certification application dismissed due to applicant's failure to attend scheduled Officer's meeting.

The applicant union filed an application for certification and requested a pre-hearing vote.

After a rescheduled meeting with a Labour Relations Officer, the applicant failed to attend.

Consequently, the application was dismissed.

Great Lakes Fishermen and Allied Workers' Union v. S. Catrini Fisheries Inc., 1986 CanLII 1385

Patricia Hughes

D. A. Patterson

D. A. MacDonald

OLRBOntario Labour Relations BoardSep 4, 1986

Pre-hearing representation vote directed in certification application despite blank Form 9; ballot box sealed.

The applicant union applied for certification and requested a pre-hearing representation vote.

The parties disagreed on the description and scope of the bargaining unit.

The Board determined the voting constituency based on the applicant's proposed unit.

Despite the applicant filing a blank Form 9 declaration, the Board found sufficient appearance of membership support to direct a pre-hearing vote.

The Board ordered the ballot box sealed pending resolution of the Form 9 issue and other disputes.

Great Lakes Fishermen and Allied Workers' Union v. F. Causarano Fishery Limited, 1986 CanLII 1371

W. J. Hayter

14 cases1981–2000

M. Teodorescu

B.A. B. Simpson

OLRBMajority (Wrote the majority reasons)0 cases1986–1991

Patricia Hughes

F. W. Murray

OLRBDissenting0 cases1980–1988

D. A. Patterson

OLRBMajority0 cases1986–2001

OLRBOntario Labour Relations BoardJun 19, 1986

Government-subsidized workers in make-work programs found to be employees of the respondent for certification purposes.

The applicant union sought certification to represent employees of the respondent.

The parties disagreed on the status of six individuals who were fully subsidized by government make-work programs (the Futures Program and a municipal welfare program).

The respondent argued these individuals were not its employees because they were funded and partially controlled by external agencies.

Applying the York Condominium criteria, the Board found that the respondent exercised day-to-day control, assigned work, and benefited from their labour.

The Board concluded that the six individuals were employees of the respondent for the purposes of the Labour Relations Act and included them in the bargaining unit.

Canadian Union of Restaurant and Related Employees v. Telkom Corporation, 1986 CanLII 1514

L. Steinberg

46 cases1982–2003

G. W. Adams, Q.C.

OLRBUnanimous0 cases1980–1987

P.J. O'Keeffe

Patricia Hughes

OLRBUnanimous0 cases1985–1987

M. A. F. Stockton

OLRBOntario Labour Relations BoardJun 16, 1986

Employer's preliminary objections to grievance regarding failure to recall dismissed; matter to proceed on merits.

The matter was directed to proceed on its merits.

Local 787 of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada v. J. H. Lock & Sons Limited, 1986 CanLII 1509

R. Ross Wells

16 cases1985–2010

John B. West

Not Practising Law5 cases1983–1988

W. H. Wightman

OLRBConcurring0 cases1981–1996

Patricia Hughes

OLRBMajority (Wrote the majority reasons)0 cases1986–1991

B. L. Armstrong

OLRBMajority0 cases1980–1997

OLRBOntario Labour Relations BoardJun 4, 1986

Tree cutters working exclusively for Ontario Hydro declared dependent contractors under the Labour Relations Act.

The applicant union sought a declaration that two tree cutters were dependent contractors for Ontario Hydro under section 1(1)(h) of the Labour Relations Act.

The workers had formed a partnership and contracted exclusively with Hydro to remove danger trees near power lines.

The Board found that the workers were economically dependent on Hydro, as they performed 100% of their work for Hydro and exhibited no entrepreneurial activity.

Furthermore, their duties more closely resembled those of employees than independent contractors, given the detailed instructions, training, and integration into Hydro's operations.

The Board declared the workers to be dependent contractors.

CUPE- CLC, Ontario Hydro Employees Union, Local 1000 v. Ontario Hydro (Bancroft Area), 1986 CanLII 1513

Patricia Hughes

OLRBOntario Labour Relations BoardMay 14, 1986

Duty of fair representation complaint dismissed; union reasonably considered likelihood of success and financial constraints.

The union had previously lost a similar group grievance at arbitration and, facing financial constraints, decided not to pursue the complainant's grievance.

The complaint was dismissed.

Mike Brinovec v. Sheet Metal Workers International Association, Local 575, 1986 CanLII 1487

Mary Jean O'Connor

Practising Law - Employed1 case1986–1986

John W. Woon

18 cases1983–2012

Hector B. Martinez

B. P. Beilmore

Ann Noble

OLRBUnanimous0 cases1986–1986

R. I. Gallivan

Patricia Hughes