Patrick Kelly

OLRBOntario Labour Relations BoardOct 16, 2001

Application withdrawn on agreement of the parties.

The applicant union brought an application against the responding party employer.

Having regard to the agreement of the parties, the Ontario Labour Relations Board ordered the application withdrawn.

Canadian Union of Public Employees and its Local 4358-02 v. North York Emergency Home for Youth (Eva’s Place), 2001 CanLII 3356

Patrick Kelly

OLRBOntario Labour Relations BoardOct 15, 2001

Application terminated due to applicant's failure to advise the Board of its intention to proceed.

The Christian Labour Association of Canada failed to advise the Ontario Labour Relations Board regarding its intention to proceed with its application within the 15-day time limit set by a previous decision.

Consequently, the Board terminated the application.

Teamsters Local Union No. 879 v. Dufferin Custom Concrete Group, 2001 CanLII 6432

Board dismisses multiple deficient applications but allows financial statement request to proceed; directs submissions on abuse of process.

The applicant filed multiple applications before the Ontario Labour Relations Board against his union and employer, including applications regarding employee status, sale of business, duty of fair representation, and a request for the union's financial statements.

The Board dismissed the employee status and sale of business applications for failing to disclose material facts or issues.

The Board also dismissed the applicant's request to reconsider a previous decision allowing him to withdraw his duty of fair representation complaint.

The Board declined to dismiss the application for financial statements, finding it disclosed a prima facie case and was not delayed.

The Board directed the applicant to provide submissions on why his remaining applications should not be dismissed as an abuse of process.

Ronald Douglas v. Laundry and Linen Drivers and Industrial Workers Union Local 847, 2001 CanLII 19234

Patrick Kelly

Board amended previous decision to correct consultation dates.

The Ontario Labour Relations Board issued a decision to correct a scheduling error in a previous decision dated September 28, 2001.

The consultation dates were amended from November 21 and 22, 2001, to November 22 and 23, 2001.

Canadian Union of Public Employees, Local 238 v. MICS Group of Health Services, 2001 CanLII 20184

R. R. Montague

Patrick Kelly

J. A. Rundle

Request for reconsideration withdrawn with leave of the Board.

The applicant requested to withdraw its request for reconsideration.

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

The Corporation of the City of Quinte West v. International Brotherhood of Electrical Workers, Local 636, 2001 CanLII 18378

Patrick Kelly

Extension of time to file responses granted.

The Ontario Nurses' Association requested an extension of time to file its response.

The Ontario Labour Relations Board granted the request, extending the time limit for the filing and delivering of all responses to October 22, 2001.

Canadian Union of Public Employees, Local 238 v. MICS Group of Health Services, 2001 CanLII 18003

Patrick Kelly

Board directs submissions on applicant's trade union status and sufficiency of membership evidence.

The applicant applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor union by reason of a merger, amalgamation, or transfer of jurisdiction.

The Board noted it had not previously found the applicant to have trade union status and that the membership cards submitted were in the name of a different entity.

The Board directed the parties to file written submissions regarding the applicant's trade union status and the sufficiency of the employee support evidence.

International Association of Machinists and Aerospace Workers, Local Lodge 905 v. Canadian Auto Workers-Canada, Local 1987, 2001 CanLII 2979

Patrick Kelly

Union certification application dismissed following unsuccessful representation vote; Board declined to amend responding party's name.

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots were cast in favour of the applicant.

The responding party requested that the Board amend its name in the style of cause before dismissing the application.

The Board declined to amend the name, finding it unnecessary to conduct a hearing on the issue since the application was being dismissed.

The application for certification was dismissed, and a one-year bar under section 10(3) of the Act was noted.

United Steelworkers of America v. Bayform, A Division of Bay Mills Limited, 2001 CanLII 17884

Patrick Kelly

J. A. Ronson

H. Peacock

OLRBMajority (Wrote the majority reasons)0 cases1999–2019

Representation vote directed for proposed bargaining unit of employees.

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

The Ontario Labour Relations Board found the applicant to be a trade union and determined the appropriate bargaining unit based on the parties' agreement.

Finding that at least forty percent of the individuals in the proposed unit were union members, the Board directed that a representation vote be held.

Ontario Public Service Employees Union v. Conway Opportunity Homes Inc., 2001 CanLII 17756

Patrick Kelly

J. A. Ronson

OLRBDissenting0 cases1980–2001

H. Peacock

OLRBMajority0 cases1987–2001

Representation vote directed in displacement application for certification without sealing the ballot box.

The applicant trade union filed a displacement application 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 majority of 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.

The Board directed a representation vote.

One Board member dissented, arguing that section 8.1(4) required the ballot box to be sealed.

United Brotherhood of Carpenters and Joiners of America v. Pinehurst Woodworking Co. Inc., 2001 CanLII 7988

Patrick Kelly

J. A. Ronson

H. Peacock

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

The applicant union requested to withdraw its application against the responding party employer.

The Ontario Labour Relations Board granted the request and the matter was withdrawn with leave of the Board.

United Food & Commercial Workers, Local 206 v. Garda du Canada, 2001 CanLII 13447

Patrick Kelly

J. A. Ronson

H. Peacock

Representation vote ordered with ballot box sealed pending resolution of employer identity and bargaining unit disputes.

The applicant union applied for certification.

The responding party and an intervenor disputed the identity of the employer and the number of employees in the proposed bargaining unit.

The intervenor also claimed a pre-existing voluntary recognition agreement barred the application.

The Board ordered a representation vote to proceed, with the ballot box sealed pending resolution of the outstanding issues.

Canadian Union of Public Employees v. Trafalgar Lodge, 2001 CanLII 13280

Patrick Kelly

OLRBOntario Labour Relations BoardOct 2, 2001

Matter terminated following parties' agreement on legal representation for termination grievance.

The applicant and the responding party reached an agreement on the identity of the legal counsel who will advance the termination grievance at arbitration.

As there were no further issues regarding the implementation of the Board's previous decision, the matter was terminated.

Andrew Flock v. Office & Professional Employees International Union Local 343, 2001 CanLII 17413

Patrick Kelly

Applicant directed to provide submissions explaining five-year delay in duty of fair representation complaint.

The applicant filed a duty of fair representation complaint against the union, alleging it failed to assist him with a classification dispute dating back to 1996.

The union sought to dismiss the application for excessive delay and failure to disclose a prima facie case, noting the applicant was reclassified in January 2001 after passing a test.

The Board directed the applicant to provide written submissions explaining the five-year delay and responding to the union's specific allegations before determining whether to dismiss the application.

Fernando Attunes v. United Food and Commercial Worker's International Union Local 114P AFL, CIO, CLC, 2001 CanLII 18429

Patrick Kelly

Licence Surrendered - Retired3 cases2001–2013

Union certified as bargaining agent following successful representation vote.

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 Ontario Labour Relations Board certified the applicant union and directed the issuance of a certificate.

Teamsters Local Union No. 879 v. St. Lawrence Cement Inc., 2001 CanLII 16465

G. Lorne Firman

Darcy Watson

3 cases2001–2001

Patrick Kelly

Order to Pay rescinded and funds disbursed following a memorandum of settlement between the parties.

The employer applied for a review of an Order to Pay issued under the Employment Standards Act.

During the hearing, the parties reached a memorandum of settlement to dispose of all matters in dispute.

The Board ordered the funds held in trust to be disbursed to the employee and the administration fee retained by the Consolidated Revenue Fund, and rescinded the Order to Pay.

Wal-Mart Canada Inc. v. Lynn Pothakos and Ministry of Labour, 2001 CanLII 13171

R. R. Montague

Patrick Kelly

J. A. Rundle

Not Practising Law - Employed5 cases1994–2001

Board directs submissions on a union's request for reconsideration of a collective agreement declaration.

A union requested reconsideration of a prior Board decision which declared that the employer was no longer bound by a specific collective agreement.

The Board issued a procedural direction requiring the responding parties to file any submissions in response to the request by a specified date.

The moving party was also granted an opportunity to file reply submissions before the Board gives further consideration to the matter.

The Corporation of the City of Quinte West v. International Brotherhood of Electrical Workers, Local 636, 2001 CanLII 10438

John D. Lewis

Deanna Exner

Not Practising Law19 cases2000–2022

Patrick Kelly

Employees installing irrigation systems are engaged in landscape gardening and exempt from overtime and hours of work provisions.

The applicant employer sought a review of an Order to Pay issued by an Employment Standards Officer for violations of hours of work, overtime, and public holiday provisions of the Employment Standards Act.

The employer argued that its employees, who install and maintain automated irrigation systems, were employed in 'landscape gardening' and therefore exempt from these provisions under Regulation 325.

The Ontario Labour Relations Board heard expert evidence on horticulture and landscaping, concluding that the installation and maintenance of irrigation systems are integral to sustaining plant life and thus fall within the definition of landscape gardening.

The Board rescinded the Order to Pay and directed the return of funds held in trust to the employer.

A. A. Waters & Brookes v. Farzin Lachini et al., 2001 CanLII 13736

Patrick Kelly

J. A. Rundle

H. Peacock

Declaration of successor rights issued and bargaining unit amended following successful representation vote.

Following a representation vote in which the applicant union was successful, the Ontario Labour Relations Board issued a declaration under section 69 of the Labour Relations Act, 1995.

The Board declared the applicant as the bargaining agent for paramedics employed by Almonte General Hospital, bound the hospital to the predecessor employer's collective agreement, and amended the bargaining unit description accordingly.

Canadian Union of Public Employees and its Local 2119 v. Perth and Smiths Falls District Hospital, 2001 CanLII 5874

Patrick Kelly

Employment and Labour Law

Application against employer under section 74 dismissed as the provision applies only to trade unions.

The applicant filed an application under section 74 of the Labour Relations Act, 1995 against their employer, seeking unpaid wages.

The Ontario Labour Relations Board dismissed the application because section 74 applies only to trade unions acting in a manner that is arbitrary, discriminatory, or in bad faith.

The employer's workplace was not unionized, and the application was improperly brought under the Act.

Arvind Karir v. Amphenol Canada Corp., 2001 CanLII 4987

appearing for Canadian Union of Public Employees, Local 3393

Ivan BurbanoUnion representative
1 appearance
Judy SnivelyUnion representative
1 appearance
Matthew GravesUnion representative
1 appearance
Steve LillicoUnion representative
1 appearance

appearing for St. Christopher House

Maureen FairAgent
1 appearance
Simone CusenzaAgent
1 appearance

appearing on behalf of the applicant

Carolyn KayCounsel
1 appearance
Dave McCullochAgent
1 appearance
Edward AlmeidaAgent
1 appearance
George DendiasAgent
1 appearance
Joanne BranchaudAgent
1 appearance
Lisa BoultonAgent
1 appearance
Neil FraserAgent
1 appearance
Ron MaudeSelf-represented
1 appearance

appearing on behalf of the intervenor

Jeff MitchellCounsel
1 appearance
John DonofrioCounsel
1 appearance

appearing on behalf of the Ministry of Correctional Services

Ajamu BoardiAgent
1 appearance
Cathy MorrisAgent
1 appearance
Neil NevilleAgent
1 appearance

appearing on behalf of the Ministry of Labour

Bridget LynettAgent
1 appearance
Paul FaustinoAgent
1 appearance

appearing on behalf of the responding parties

B. ChercoverCounsel
1 appearance
B. ReithCounsel
1 appearance
J. JansenCounsel
1 appearance
W. WhiteCounsel
1 appearance

appearing on her own behalf

Phung Kim QuachSelf-represented
1 appearance
Rabindra PersaudSelf-represented
1 appearance

appearing on his own behalf

Charles MacGregorSelf-represented
1 appearance
Perry ZolisSelf-represented
1 appearance

for 1083859 Ontario Ltd. carrying on business as Adams Services

Blair McCreadieCounsel
1 appearance
Michael HoranCounsel
1 appearance
Randy AdamsAgent
1 appearance

for 1207665 Ontario Inc., Operating as Steak Queen Restaurant

Bill LaiAgent
1 appearance

for 638430 Ontario Limited

David McKerlieCounsel
1 appearance

for Beachville Lime Limited

Rusty McLayCounsel
1 appearance
Stephen BrookshawAgent
1 appearance
Suzanne RitzerAgent
1 appearance

for Brookfield

Liz GraberAgent
1 appearance
Phil LongtonAgent
1 appearance

for Canadian Auto Workers’ Union, Local 1967

Alex FaulosUnion representative
1 appearance
Dan YoungsUnion representative
1 appearance
Dave HunterUnion representative
1 appearance
Doug TylerUnion representative
1 appearance
Ken BradshawUnion representative
1 appearance
Thomas GrahamUnion representative
1 appearance

for Canadian Shareowners Association

David CussonsCounsel
1 appearance
John R. BrookesCounsel
1 appearance
Oliver SuthernsCounsel
1 appearance

for CAW-Canada

Chris BuckleyUnion representative
1 appearance
Jim HoyUnion representative
1 appearance

for CAW Local 636

Joe KaplarUnion representative
1 appearance
Joe StapletonUnion representative
1 appearance
Steve MacDonaldUnion representative
1 appearance

for CEP Local 3264

David WrightCounsel
2 appearances
Rick CecchinCounsel
1 appearance
Rick CecchinUnion representative
1 appearance
Tim HarringtonCounsel
1 appearance
Tim HarringtonUnion representative
1 appearance

for CEP Local 774

E. DuresCounsel
1 appearance
E. DuresUnion representative
1 appearance
S. B. D. WahlCounsel
1 appearance
S.B.D. WahlCounsel
1 appearance

for Christian Labour Association of Canada

Bill AndersonCounsel
1 appearance
Dan CondonUnion representative
1 appearance
Hank BeekhuisUnion representative
1 appearance
Terry WilsonUnion representative
1 appearance

for Communications, Energy and Paperworkers Union, Local 3264

David WrightCounsel
1 appearance
Rick CecchinUnion representative
1 appearance
Tim HanniganUnion representative
1 appearance
Todd CameronUnion representative
1 appearance

for Communications, Energy and Paperworkers Union, Local 774

E. DukesUnion representative
1 appearance
Ken FurtneyUnion representative
1 appearance
Lou VoigtUnion representative
1 appearance
S.B.D. WahlCounsel
1 appearance

for Communications, Energy and Paperworkers Union of Canada, Local 3264

David WrightCounsel
1 appearance
Rick CecchinUnion representative
1 appearance
Roy McDonaldUnion representative
1 appearance

for Communications, Energy and Paperworkers Union of Canada, Local 774 and Individual Grievors

E. DukesUnion representative
1 appearance
S.B.D. WahlCounsel
1 appearance

for Concord Elevator Inc.

Daniel DeanAgent
1 appearance
Everold ChatrieAgent
1 appearance
Karma AjodhaAgent
1 appearance
Margaret BaileyAgent
1 appearance
Marsha LindsayCounsel
1 appearance

for Dufferin Custom Concrete Group c.o.b. as Peninsula Niagara Ready Mix

Dan NotariAgent
1 appearance
Nick CaccavellaAgent
1 appearance
Simon MortimerCounsel
1 appearance

for Eastway Plymouth Chrysler Ltd.

John W. MontgomeryCounsel
1 appearance
Maurice ThompsonCounsel
1 appearance

for Elpida Antoniadis

Andore LamoucheAgent
1 appearance
Elpida AntoniadisSelf-represented
1 appearance
John McArthurAgent
1 appearance
Keith VanderkleyAgent
1 appearance
Kenneth WattsAgent
1 appearance

for Health Trust Pre Hospital Services Inc.

J. M. PriceAgent
1 appearance

for herself

Amanda BeddowSelf-represented
1 appearance
Anne Marie Keen (Currie)Self-represented
1 appearance
Laurie RobertsSelf-represented
1 appearance
Lori StephensSelf-represented
1 appearance
Voula AntonopoulosSelf-represented
1 appearance

for himself

Terry SkanesSelf-represented
1 appearance
Craig PitmanSelf-represented
1 appearance
Jason Van TuylSelf-represented
1 appearance
Colin HutsellSelf-represented
1 appearance

for himself and ten other non-union employees

Robert PritchardSelf-represented
1 appearance

for Hi-Way Hydraulics

Ira PetersCounsel
1 appearance
Nazar ChahalCounsel
1 appearance

for individual responding parties

Brent JennettSelf-represented
1 appearance
Ted MitchelleSelf-represented
1 appearance
Susan CloutierSelf-represented
1 appearance
Ray CloutierSelf-represented
1 appearance
Carol SlinnSelf-represented
1 appearance
Arnold SlinnSelf-represented
1 appearance

for Intercon

Emanuel JechAgent
1 appearance
Dio De BritoAgent
1 appearance
Ray HarsantAgent
1 appearance
Hugh DyerCounsel
1 appearance

for Janice Brown

Richard OverlandAgent
1 appearance
Janice BrownSelf-represented
1 appearance

for Joan McDougall

Stephen HuffAgent
2 appearances

for Lisa Tiller

Brenna MacNeilCounsel
1 appearance

for Ministry of Labour

L. EisenbergCounsel
1 appearance

for Ontario Nurses' Association

Donna WalrondCounsel
1 appearance
Bev MathersUnion representative
1 appearance

for Professional Personal Ltd.

Alan BrabenderAgent
1 appearance

for Screen Graphic Productions Ltd.

Horst LutzeierAgent
2 appearances

for the applicant

Tim QuinnAgent
2 appearances
Suzanne RitzlerAgent
2 appearances
Gord AdamAgent
2 appearances
Kien Te NghiemAgent
2 appearances
Daina GreenCounsel
2 appearances
Eva WongAgent
2 appearances
Giulio AlonziAgent
1 appearance
Gord AdamCounsel
1 appearance
Emily ElderCounsel
1 appearance
Abdul-Basit KhanCounsel
1 appearance
A. EbbsAgent
1 appearance
Alan BrookesAgent
1 appearance
Alison DavidsonUnion representative
1 appearance
Alison WallaceUnion representative
1 appearance
Allan ChenSelf-represented
1 appearance
Andre PapineauAgent
1 appearance
Andrew LokanCounsel
1 appearance
Andy SavelaCounsel
1 appearance
Angela E. RaeCounsel
1 appearance
Angela WestheuserCounsel
1 appearance

for the Applicant

Phung Kim QuachSelf-represented
2 appearances
Ronald DouglasSelf-represented
2 appearances
Andrew FlockSelf-represented
1 appearance
Erik SavasCounsel
1 appearance
Godfrey A. MaughnSelf-represented
1 appearance
James Patrick BrennanSelf-represented
1 appearance
John V. KranjcCounsel
1 appearance
Krishna R. NankissoorSelf-represented
1 appearance
Matthew G. MolociCounsel
1 appearance
Mitchell DanknerCounsel
1 appearance
Mr. Frank VillellaSelf-represented
1 appearance
Tony FomenkoSelf-represented
1 appearance
Angela RaeCounsel
1 appearance
Vic MordenUnion representative
1 appearance
Brian P. MacDonaldCounsel
1 appearance

for the applicants

Martin RosenbaumCounsel
1 appearance
Alfred SmithSelf-represented
1 appearance
Ernest RovetCounsel
1 appearance
Ramindarjit SinghSelf-represented
1 appearance
Ray BlanchetteSelf-represented
1 appearance
Tom TuckwellSelf-represented
1 appearance

for the Applicants

H. PeacockCounsel
1 appearance

for the CAW

Dan ClarkUnion representative
1 appearance
Frank LuceUnion representative
1 appearance
Helen MaynardUnion representative
1 appearance

for the employer

Dan HaffeyAgent
1 appearance
Jim ThompsonAgent
1 appearance
Joe HaffeyAgent
1 appearance
Michael KennedyAgent
1 appearance

for The Goldman Group, Murray Goldman Real Estate Limited and Goldman Hotels Inc.

Donald B. JarvisCounsel
1 appearance
Ian MaxwellAgent
1 appearance
Jo-Anne AzzarelloAgent
1 appearance
Murray GoldmanAgent
1 appearance
Paul H. MeierCounsel
1 appearance
Phil WeinsteinAgent
1 appearance

for the Individual Applicants

Mark DugasSelf-represented
1 appearance

for the interested party

Bill MadillAgent
1 appearance

for the intervenor

Kristen LopesCounsel
2 appearances
Andrew P. RekoAgent
2 appearances
Shelley StevensonCounsel
2 appearances
Barbara RankinCounsel
1 appearance
Chris DassiosCounsel
1 appearance
Danielle KristensenAgent
1 appearance
Darla HuberAgent
1 appearance
Emanuela HeyninckCounsel
1 appearance
Erin R. KuzzCounsel
1 appearance
James NymanCounsel
1 appearance
Jim GoardAgent
1 appearance
John WrayCounsel
1 appearance
June HagenCounsel
1 appearance
Kevin RobinsonCounsel
1 appearance
Kim MotylAgent
1 appearance
Ajamu BoardiAgent
1 appearance
L. A. RichmondCounsel
1 appearance
Lisa KozmaCounsel
1 appearance
Marisa PollockUnion representative
1 appearance
Mark GeigerCounsel
1 appearance

for the Intervenor

John BarrackCounsel
1 appearance
Wendy WrightAgent
1 appearance

for the Ministry of Labour

Karima ChaturCounsel
6 appearances
L. EisenbergCounsel
4 appearances
L. EisenbergAgent
2 appearances
Murray KleinCounsel
2 appearances
Deanna ExnerCounsel
2 appearances
Karen NortheyCounsel
2 appearances
Karima ChaturAgent
1 appearance
Laurie EisenbergCounsel
1 appearance
Mark AlchukCounsel
1 appearance
Mircho MirchevCounsel
1 appearance
M. KleinCounsel
1 appearance
Pauline Bernard-HarrisAgent
1 appearance
Rick HughesAgent
1 appearance
Stephen MasonCounsel
1 appearance
Mike BennettCounsel
1 appearance
B. FukuzawaCounsel
1 appearance
Bruce ArnottCounsel
1 appearance
Darcy WatsonCounsel
1 appearance
Don FrenetteAgent
1 appearance
Heidi Ann Lazar-MeynCounsel
1 appearance

for the Ontario Public Service Employees Union

E. OgibowskiUnion representative
1 appearance

for the Ottawa-Carleton Public Employees Union, Local 503

Brian MaddenCounsel
1 appearance
Joan KeithUnion representative
1 appearance
Samantha LambCounsel
1 appearance
Susan ArabUnion representative
1 appearance

for the Ottawa Public Library Board

Carmen FrancisCounsel
1 appearance
Dan PalayewCounsel
1 appearance
Jane ClarkAgent
1 appearance
Marianne PhillipsAgent
1 appearance
Monique DesormeauxAgent
1 appearance

for the respondent

Daina GreenCounsel
1 appearance
Darren SchmidtCounsel
1 appearance
Jacqueline D’SantosCounsel
1 appearance
Mary CornishCounsel
1 appearance
Steve MorrowAgent
1 appearance
Carolyn KayCounsel
1 appearance
Andrea FriesenAgent
1 appearance

for the Respondent

Helen MagnoSelf-represented
1 appearance

for the respondents

Michael AllenCounsel
2 appearances
Suzanne LeonardCounsel
1 appearance
Jane CorbetCounsel
1 appearance

for the responding parties

Stephen KraskinskyCounsel
2 appearances
Harriet VangalisAgent
1 appearance
I. A. DuncanCounsel
1 appearance
Jerry DiasSelf-represented
1 appearance
Jim PareAgent
1 appearance
Jim PareUnion representative
1 appearance
Joanne LewisAgent
1 appearance
John FerreiraAgent
1 appearance
John SaxtonAgent
1 appearance
Kelly PooreCounsel
1 appearance
Lisa ShepherdCounsel
1 appearance
L. N. GottheilCounsel
1 appearance
Lori StephensSelf-represented
1 appearance
Matthew MolociAgent
1 appearance
Morrigan GreyCounsel
1 appearance
M. Van BodegomAgent
1 appearance
Phil NelsonSelf-represented
1 appearance
Rick MattucciSelf-represented
1 appearance
Stephen HuffCounsel
1 appearance
Stephen MasonCounsel
1 appearance

for the Responding Parties

Wes LaingUnion representative
1 appearance
Bob SmartUnion representative
1 appearance

for the responding party

Don HolcombeUnion representative
2 appearances
Cathy BrakerUnion representative
2 appearances
Bill SteepUnion representative
2 appearances
Bernie TravisCounsel
1 appearance
Bob BassCounsel
1 appearance
Bob KiddCounsel
1 appearance
Brad DroppoAgent
1 appearance
Bryan AdamczykUnion representative
1 appearance
Carolyn KraftCounsel
1 appearance
Cathy LloydCounsel
1 appearance
Cheryl GivelasCounsel
1 appearance
Cindy KeonCounsel
1 appearance
Daniel DeleonUnion representative
1 appearance
Dan RobichaudCounsel
1 appearance
Dave TremblayUnion representative
1 appearance
David K. LawCounsel
1 appearance
David TremblayUnion representative
1 appearance
Dawn CartwrightUnion representative
1 appearance
Don CionaCounsel
1 appearance
Don HoustonCounsel
1 appearance

for the Responding Party

Lawrence KimAgent
1 appearance
Maureen O’HalloranUnion representative
1 appearance
Patty ClancyUnion representative
1 appearance

For the Responding Party

Kate KarnAgent
1 appearance

for the Service Employees International Union Local 204

Karen WalshUnion representative
1 appearance

for the Teamsters Local Union No. 879

James RobbinsCounsel
1 appearance
Ken DeanUnion representative
1 appearance
Robert ShewbridgeUnion representative
1 appearance

for the union

Gary HopkinsonUnion representative
1 appearance
Phil QuibellUnion representative
1 appearance

for United Steelworkers of America

Brando ParisUnion representative
1 appearance
Cathy BrakerCounsel
1 appearance
Robin SainiUnion representative
1 appearance

for Wah-Lung Labels Canada Inc.

Fred KwanAgent
1 appearance

for Wal-Mart Canada Inc.

Chris BrassardAgent
1 appearance
G. Lorne FirmanCounsel
1 appearance
Mike StrangeAgent
1 appearance
Suzanne SmithAgent
1 appearance

on behalf of St. Leonard’s Society of Brant

Bill SandersonAgent
1 appearance

on behalf of the applicant

Brando ParisCounsel
1 appearance
Cathy BrakerCounsel
1 appearance
Chris KaragitsisCounsel
1 appearance
Lane BrennanCounsel
1 appearance
Lisa S. GoodfellowCounsel
1 appearance
Michael HoranCounsel
1 appearance
Steve DramwitzkeCounsel
1 appearance
Victor GrosternAgent
1 appearance

on behalf of the intervenor

Sharon ChilcottAgent
1 appearance
Todd MartinAgent
1 appearance

on behalf of the Ministry of Labour

Alicia Gordon-FaganCounsel
1 appearance
Brian FukuzawaCounsel
1 appearance
Bruce ArnottCounsel
1 appearance
Darcy WatsonCounsel
1 appearance
Darcy WatsonAgent
1 appearance
Don FrenetteCounsel
1 appearance
L. EisenbergCounsel
1 appearance

on behalf of the responding party

Colin CoulterCounsel
1 appearance
Daniel TesfayeAgent
1 appearance
Dan ShoomCounsel
1 appearance
Domenic TerranteAgent
1 appearance
Gareth MooreAgent
1 appearance
Horace LegendreUnion representative
1 appearance
Jacques RoyCounsel
1 appearance
Margaret BaileyCounsel
1 appearance
Maria KotsosAgent
1 appearance
Marsha LindsayCounsel
1 appearance
Marsha LindsayAgent
1 appearance
Mohan SeewahCounsel
1 appearance
Oise (Joe) BonsuUnion representative
1 appearance
Paul VillalonSelf-represented
1 appearance
Robert ChampagneUnion representative
1 appearance
Robert lzsakAgent
1 appearance
Robert MurphyCounsel
1 appearance
Sarah ValairCounsel
1 appearance
Stephen BogardoAgent
1 appearance
Tony DePauloUnion representative
1 appearance

on behalf of Workplace Safety and Insurance Board

Elizabeth KosmidisAgent
1 appearance

on her own behalf

Carrie GreenSelf-represented
1 appearance
Deepa ChakrabortySelf-represented
1 appearance
Pauline LachapelleSelf-represented
1 appearance
Penina ClarkeSelf-represented
1 appearance

on his own behalf

Alex LamontagneSelf-represented
1 appearance
John BoydSelf-represented
1 appearance
John GallagherSelf-represented
1 appearance
Lewis R. ReedSelf-represented
1 appearance
Stephen LaPlanteSelf-represented
1 appearance

883

Decisions

Years active

Tribunals

3.7

cases/mo

OLRB756(86%)

OPEHT127(14%)

Decision types

motion

721

trial

111

appeal

/Adjudicator

Patrick Kelly — Vice-Chair

Patrick Kelly

Vice-Chair·Ontario Pay Equity Hearings Tribunal·Since 1999

OPEHT OLRB

883

cases · 21 yrs · OLRB, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 326Vice-Chair· 259Vice-Chair· 235Alternate Chair· 26Alternate Chair· 12Vice-Chair· Chair· 8Vice Chair· 4Chair· 3

Patrick Kelly

OLRBOntario Labour Relations BoardOct 16, 2001

Application withdrawn on agreement of the parties.

The applicant union brought an application against the responding party employer.

Having regard to the agreement of the parties, the Ontario Labour Relations Board ordered the application withdrawn.

Canadian Union of Public Employees and its Local 4358-02 v. North York Emergency Home for Youth (Eva’s Place), 2001 CanLII 3356

Patrick Kelly

OLRBOntario Labour Relations BoardOct 15, 2001

Application terminated due to applicant's failure to advise the Board of its intention to proceed.

Consequently, the Board terminated the application.

Teamsters Local Union No. 879 v. Dufferin Custom Concrete Group, 2001 CanLII 6432

Patrick Kelly

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardOct 15, 2001

Board dismisses multiple deficient applications but allows financial statement request to proceed; directs submissions on abuse of process.

The Board dismissed the employee status and sale of business applications for failing to disclose material facts or issues.

The Board also dismissed the applicant's request to reconsider a previous decision allowing him to withdraw his duty of fair representation complaint.

The Board declined to dismiss the application for financial statements, finding it disclosed a prima facie case and was not delayed.

The Board directed the applicant to provide submissions on why his remaining applications should not be dismissed as an abuse of process.

Ronald Douglas v. Laundry and Linen Drivers and Industrial Workers Union Local 847, 2001 CanLII 19234

Patrick Kelly

Board amended previous decision to correct consultation dates.

The Ontario Labour Relations Board issued a decision to correct a scheduling error in a previous decision dated September 28, 2001.

The consultation dates were amended from November 21 and 22, 2001, to November 22 and 23, 2001.

Canadian Union of Public Employees, Local 238 v. MICS Group of Health Services, 2001 CanLII 20184

R. R. Montague

Patrick Kelly

J. A. Rundle

Request for reconsideration withdrawn with leave of the Board.

The applicant requested to withdraw its request for reconsideration.

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

The Corporation of the City of Quinte West v. International Brotherhood of Electrical Workers, Local 636, 2001 CanLII 18378

Patrick Kelly

Extension of time to file responses granted.

The Ontario Nurses' Association requested an extension of time to file its response.

The Ontario Labour Relations Board granted the request, extending the time limit for the filing and delivering of all responses to October 22, 2001.

Canadian Union of Public Employees, Local 238 v. MICS Group of Health Services, 2001 CanLII 18003

Patrick Kelly

Board directs submissions on applicant's trade union status and sufficiency of membership evidence.

The Board noted it had not previously found the applicant to have trade union status and that the membership cards submitted were in the name of a different entity.

The Board directed the parties to file written submissions regarding the applicant's trade union status and the sufficiency of the employee support evidence.

International Association of Machinists and Aerospace Workers, Local Lodge 905 v. Canadian Auto Workers-Canada, Local 1987, 2001 CanLII 2979

Patrick Kelly

Union certification application dismissed following unsuccessful representation vote; Board declined to amend responding party's name.

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots were cast in favour of the applicant.

The responding party requested that the Board amend its name in the style of cause before dismissing the application.

The Board declined to amend the name, finding it unnecessary to conduct a hearing on the issue since the application was being dismissed.

The application for certification was dismissed, and a one-year bar under section 10(3) of the Act was noted.

United Steelworkers of America v. Bayform, A Division of Bay Mills Limited, 2001 CanLII 17884

Patrick Kelly

J. A. Ronson

H. Peacock

OLRBMajority (Wrote the majority reasons)0 cases1999–2019

Representation vote directed for proposed bargaining unit of employees.

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

The Ontario Labour Relations Board found the applicant to be a trade union and determined the appropriate bargaining unit based on the parties' agreement.

Finding that at least forty percent of the individuals in the proposed unit were union members, the Board directed that a representation vote be held.

Ontario Public Service Employees Union v. Conway Opportunity Homes Inc., 2001 CanLII 17756

Patrick Kelly

J. A. Ronson

OLRBDissenting0 cases1980–2001

H. Peacock

OLRBMajority0 cases1987–2001

Representation vote directed in displacement application for certification without sealing the ballot box.

The applicant trade union filed a displacement application 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 directed a representation vote.

One Board member dissented, arguing that section 8.1(4) required the ballot box to be sealed.

United Brotherhood of Carpenters and Joiners of America v. Pinehurst Woodworking Co. Inc., 2001 CanLII 7988

Patrick Kelly

J. A. Ronson

H. Peacock

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

The applicant union requested to withdraw its application against the responding party employer.

The Ontario Labour Relations Board granted the request and the matter was withdrawn with leave of the Board.

United Food & Commercial Workers, Local 206 v. Garda du Canada, 2001 CanLII 13447

Patrick Kelly

J. A. Ronson

H. Peacock

Representation vote ordered with ballot box sealed pending resolution of employer identity and bargaining unit disputes.

The applicant union applied for certification.

The responding party and an intervenor disputed the identity of the employer and the number of employees in the proposed bargaining unit.

The intervenor also claimed a pre-existing voluntary recognition agreement barred the application.

The Board ordered a representation vote to proceed, with the ballot box sealed pending resolution of the outstanding issues.

Canadian Union of Public Employees v. Trafalgar Lodge, 2001 CanLII 13280

Patrick Kelly

OLRBOntario Labour Relations BoardOct 2, 2001

Matter terminated following parties' agreement on legal representation for termination grievance.

The applicant and the responding party reached an agreement on the identity of the legal counsel who will advance the termination grievance at arbitration.

As there were no further issues regarding the implementation of the Board's previous decision, the matter was terminated.

Andrew Flock v. Office & Professional Employees International Union Local 343, 2001 CanLII 17413

Patrick Kelly

Applicant directed to provide submissions explaining five-year delay in duty of fair representation complaint.

The applicant filed a duty of fair representation complaint against the union, alleging it failed to assist him with a classification dispute dating back to 1996.

The union sought to dismiss the application for excessive delay and failure to disclose a prima facie case, noting the applicant was reclassified in January 2001 after passing a test.

Fernando Attunes v. United Food and Commercial Worker's International Union Local 114P AFL, CIO, CLC, 2001 CanLII 18429

Patrick Kelly

Licence Surrendered - Retired3 cases2001–2013

Union certified as bargaining agent following successful representation vote.

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

Teamsters Local Union No. 879 v. St. Lawrence Cement Inc., 2001 CanLII 16465

G. Lorne Firman

Darcy Watson

3 cases2001–2001

Patrick Kelly

Order to Pay rescinded and funds disbursed following a memorandum of settlement between the parties.

The employer applied for a review of an Order to Pay issued under the Employment Standards Act.

During the hearing, the parties reached a memorandum of settlement to dispose of all matters in dispute.

The Board ordered the funds held in trust to be disbursed to the employee and the administration fee retained by the Consolidated Revenue Fund, and rescinded the Order to Pay.

Wal-Mart Canada Inc. v. Lynn Pothakos and Ministry of Labour, 2001 CanLII 13171

R. R. Montague

Patrick Kelly

J. A. Rundle

Not Practising Law - Employed5 cases1994–2001

Board directs submissions on a union's request for reconsideration of a collective agreement declaration.

A union requested reconsideration of a prior Board decision which declared that the employer was no longer bound by a specific collective agreement.

The Board issued a procedural direction requiring the responding parties to file any submissions in response to the request by a specified date.

The moving party was also granted an opportunity to file reply submissions before the Board gives further consideration to the matter.

The Corporation of the City of Quinte West v. International Brotherhood of Electrical Workers, Local 636, 2001 CanLII 10438

John D. Lewis

Deanna Exner

Not Practising Law19 cases2000–2022

Patrick Kelly

Employees installing irrigation systems are engaged in landscape gardening and exempt from overtime and hours of work provisions.

The employer argued that its employees, who install and maintain automated irrigation systems, were employed in 'landscape gardening' and therefore exempt from these provisions under Regulation 325.

The Board rescinded the Order to Pay and directed the return of funds held in trust to the employer.

A. A. Waters & Brookes v. Farzin Lachini et al., 2001 CanLII 13736

Patrick Kelly

J. A. Rundle

H. Peacock

Declaration of successor rights issued and bargaining unit amended following successful representation vote.

Following a representation vote in which the applicant union was successful, the Ontario Labour Relations Board issued a declaration under section 69 of the Labour Relations Act, 1995.

Canadian Union of Public Employees and its Local 2119 v. Perth and Smiths Falls District Hospital, 2001 CanLII 5874

Patrick Kelly