Patrick Kelly

OLRBOntario Labour Relations BoardJul 6, 2001

Board issues order reflecting Minutes of Settlement in Employment Standards Act review.

The employer applied for a review under section 68 of the Employment Standards Act and posted an irrevocable letter of credit for $11,550.

The workplace parties entered into Minutes of Settlement.

The Board ordered the employer to pay $6,000 to the Director of Employment Standards, with $5,000 to be disbursed to the employee and $1,000 as an administration fee, after which the letter of credit would be released.

Sahil Inc. v. Ravinder Saine and Ministry of Labour, 2001 CanLII 4519

Union decertified following a representation vote where a majority of employees voted in opposition.

The applicant filed an application to decertify the responding party trade union.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no statement of desire to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer.

Sabrina D’Alessandro v. United Food and Commercial Local 1000A, 2001 CanLII 15915

Patrick Kelly

Application withdrawn with leave of the Board.

The applicant requested to withdraw the application.

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

Ehamparam Praveenkumar v. Communications, Energy & Paperworkers Union of Canada, 2001 CanLII 16918

Patrick Kelly

J. A. Ronson

H. Peacock

Representation vote directed in union certification application despite dispute over bargaining unit description.

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

The Board found that the applicant is a trade union under the Labour Relations Act, 1995 and that at least forty percent of the individuals in the proposed bargaining unit were members.

Due to a dispute over the precise description of the bargaining unit, the Board directed a representation vote for a defined voting constituency, with the bargaining unit description dispute to be resolved later if necessary.

Canadian Union of Public Employees v. Hamilton Physiotherapy Clinic, 2001 CanLII 16095

Patrick Kelly

Application terminated due to applicant's failure to respond to Board direction.

The Board previously directed the applicant to indicate whether he wished to proceed with the application by a specified date, failing which the matter would be terminated.

The applicant failed to provide any information within the stipulated time frame.

Consequently, the Board terminated the application.

Andy G. Carbone, John D. Wilson v. United Steelworkers of America Local 2251 – District 6, 2001 CanLII 5638

Patrick Kelly

J. A. Ronson

H. Peacock

Application withdrawn at the request of the applicant.

The applicant, Amalgamated Transit Union, Local 1587, requested to withdraw its application against the Greater Toronto Transit Authority (Go Transit).

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

Amalgamated Transit Union, Local 1587 v. Greater Toronto Transit Authority (Go Transit), 2001 CanLII 4609

Patrick Kelly

Board permitted union to amend proposed bargaining unit and granted employer extension to file response.

The applicant union filed an application for certification.

The responding employer requested clarification of the proposed bargaining unit before filing its response.

The union submitted a revised proposed bargaining unit.

The Board consented to the amendment of the application and granted the employer an extension of time to file its response.

Canadian Union of Public Employees v. Town of Ajax, 2001 CanLII 2768

Patrick Kelly

OLRBOntario Labour Relations BoardJun 25, 2001

Board directs production of employee notes without determining relevance or admissibility.

The applicant sought production of notes authored by an employee, which were in the responding party's possession.

The responding party objected on the grounds of relevance and ownership.

Without determining relevance or admissibility, the Board directed the responding party to provide copies of the notes to the applicant, leaving any evidentiary objections to be dealt with at the hearing.

Roger Fontaine v. Nobord Industries Inc., 2001 CanLII 20058

Patrick Kelly

OLRBOntario Labour Relations BoardJun 22, 2001

Religious exemption from union dues granted to Seventh-day Adventist nurses at amalgamated hospital.

The applicants, employed as nurses at a newly amalgamated hospital, applied for a religious exemption from paying union dues under section 52 of the Labour Relations Act, 1995.

The applicants are members of the Seventh-day Adventist Church, which historically opposes joining or financially supporting labour unions.

The applications were uncontested by the union and the employer.

The Board found that the applicants made out a case for the exemption and ordered that the collective agreement provisions regarding dues deduction do not apply to them, provided they remit an equivalent amount to a registered charitable organization.

Facey v. Ontario Nurses Association, 2001 CanLII 10750

Patrick Kelly

Duty of fair representation application dismissed; union reasonably settled grievances over applicant's objections.

The applicant filed an application alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act by settling her classification grievances without her consent.

The union had represented the applicant through mediation but ultimately concluded, based on legal advice, that her case was weak and accepted the employer's settlement offer over her objections.

The applicant argued that the union's constitution guaranteed her the right to advance her grievances to arbitration.

The Board dismissed the application, finding that the union's decision to settle was based on a reasonable assessment of the merits and did not constitute arbitrary, discriminatory, or bad faith conduct.

The Board also noted that section 74 regulates the union's representation vis-à-vis the employer, not internal union affairs or constitutional obligations.

Janice DeHart v. Ontario Public Service Employees Union, 2001 CanLII 17409

R. R. Montague

Patrick Kelly

J. A. Rundle

Union certification granted following a successful representation vote.

The applicant union applied for certification.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board found the proposed bargaining unit appropriate.

A certificate was ordered to issue to the applicant.

Teamsters Local Union 91 v. Glopak Inc., 2001 CanLII 16399

Patrick Kelly

Board declined to issue orders regarding allegedly discriminatory statements in responses.

The applicant requested orders regarding allegedly discriminatory statements in the responses filed by the union and the intervenor.

The Board declined the request, finding no legal basis for the orders.

The Board also confirmed that the applicant could not rely on health and safety allegations that had been previously dismissed in an earlier decision.

Mr. Frank Villella v. IBEW Local 636, 2001 CanLII 19019

Patrick Kelly

Application adjourned sine die for up to one year pending arbitration of the applicant's discharge grievance.

The applicant requested that his application be adjourned sine die because his discharge grievance had been referred to arbitration.

The Board consented to adjourn the application sine die for a period not exceeding one year, after which it would be deemed terminated if no party requested to proceed.

Daniel C. Tremblay v. Communications, Energy and Paperworkers of Canada, Local 324, 2001 CanLII 17998

R. R. Montague

Patrick Kelly

J. A. Rundle

Board directed written submissions on whether a representation vote should be held following a sale of business.

The applicant and the IBEW entered into Minutes of Settlement acknowledging a sale of a business and proposing a representation vote.

CUPE did not agree to the vote, arguing it should be declared the bargaining agent due to the number of employees it represents.

CUPE also raised the issue of the ongoing applicability of its collective agreement with the predecessor employer.

The Board directed the parties to file written submissions on whether a representation vote should be directed and the extent to which the applicant is bound by the collective agreement.

The Corporation of the City of Quinte West v. International Brotherhood of Electrical Workers, Local 636, 2001 CanLII 14011

Patrick Kelly

Director's application to review order to pay dismissed; ordered to pay $28,441.33 in unpaid wages.

The applicant, a director of a bankrupt company, applied for review of an Employment Standards Officer's order to pay unpaid wages.

The parties agreed on the adjusted amount of $28,441.33.

The applicant requested that the Board's decision require the Ministry to provide written confirmation of employee authorizations and a distribution list, and return any undistributed monies.

The Board declined to incorporate these requests, noting that an Officer can make an order to pay for persons who have not filed a complaint, and the Employment Standards Act does not require the Director to account to the applicant for the distribution of funds.

The application was dismissed, and the applicant was ordered to pay $28,441.33 to the Director in trust.

Boswell v. Woods, 2001 CanLII 10302

Patrick Kelly

Duty of fair representation complaint dismissed; union's decision to settle grievance without member's consent was not arbitrary.

The applicant, a security guard, filed a duty of fair representation complaint against his union under section 74 of the Labour Relations Act.

He alleged the union acted improperly by withdrawing a group grievance, failing to support his bid for local union president, not pursuing a claim for union representation pay, and settling a grievance regarding his removal from a client's work site without his consent.

The Board dismissed the application, finding that the union's decision to settle the removal grievance was reasonable and not arbitrary, discriminatory, or in bad faith.

The Board also found the other allegations either lacked merit or related to internal union matters outside the scope of section 74.

Lewis R. Reed v. United Steelworkers of America, 2001 CanLII 7450

Patrick Kelly

Union permitted to withdraw certification application without a bar prior to representation vote.

The applicant union requested to withdraw its application for certification of part-time service employees one day prior to a scheduled representation vote.

The responding employer consented to the withdrawal but requested the imposition of a bar on future applications pursuant to section 7(9) of the Labour Relations Act, 1995, alleging abuse of process.

The Board found no abuse of process and noted that the employees' wishes had not yet been tested.

The Board granted the withdrawal and declined to impose a bar.

Canadian Union of Public Employees v. Markham Stouffville Hospital, 2001 CanLII 6367

Patrick Kelly

Applications withdrawn at the request of the applicants.

The applicants requested to withdraw their applications against the responding parties.

The Ontario Labour Relations Board granted the request and the applications were withdrawn.

CAW Local 636 v. Eureka Foundry Corp., 2001 CanLII 6237

R. R. Montague

Patrick Kelly

J. A. Rundle

Board declined to consider an objecting employee's late representations regarding a representation vote.

The Board received late submissions from an objecting employee regarding a representation vote in an application for certification.

The certificate had already been issued following a previous decision that rejected similar objections.

The employee filed the representations two weeks after the deadline without providing reasons for the delay or requesting an extension.

The Board declined to consider the late representations.

Ontario Public Service Employees Union v. Victorian Order of Nurses Waterloo – Wellington – Dufferin Branch, 2001 CanLII 5891

Patrick Kelly

Employment and Labour Law

Canadian Union of Public Employees declared bargaining agent for service bargaining unit following representation vote.

The Ontario Labour Relations Board declared the Canadian Union of Public Employees as the bargaining agent for the service bargaining unit at the Peterborough Regional Health Centre.

This declaration followed a representation vote held on May 12, 2001, where more than fifty percent of the ballots were cast in favour of the union.

The decision was made pursuant to section 23 of the Public Sector Labour Relations Transition Act, 1997.

Peterborough Regional Health Centre v. Canadian Union of Operating Engineers and its Local 101, 2001 CanLII 5283

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 BoardJul 6, 2001

Board issues order reflecting Minutes of Settlement in Employment Standards Act review.

The employer applied for a review under section 68 of the Employment Standards Act and posted an irrevocable letter of credit for $11,550.

The workplace parties entered into Minutes of Settlement.

Sahil Inc. v. Ravinder Saine and Ministry of Labour, 2001 CanLII 4519

Patrick Kelly

J. A. Ronson

H. Peacock

OLRBOntario Labour Relations BoardJun 28, 2001

Union decertified following a representation vote where a majority of employees voted in opposition.

The applicant filed an application to decertify the responding party trade union.

Sabrina D’Alessandro v. United Food and Commercial Local 1000A, 2001 CanLII 15915

Patrick Kelly

Application withdrawn with leave of the Board.

The applicant requested to withdraw the application.

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

Ehamparam Praveenkumar v. Communications, Energy & Paperworkers Union of Canada, 2001 CanLII 16918

Patrick Kelly

J. A. Ronson

H. Peacock

Representation vote directed in union certification application despite dispute over bargaining unit description.

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

The Board found that the applicant is a trade union under the Labour Relations Act, 1995 and that at least forty percent of the individuals in the proposed bargaining unit were members.

Canadian Union of Public Employees v. Hamilton Physiotherapy Clinic, 2001 CanLII 16095

Patrick Kelly

Application terminated due to applicant's failure to respond to Board direction.

The Board previously directed the applicant to indicate whether he wished to proceed with the application by a specified date, failing which the matter would be terminated.

The applicant failed to provide any information within the stipulated time frame.

Consequently, the Board terminated the application.

Andy G. Carbone, John D. Wilson v. United Steelworkers of America Local 2251 – District 6, 2001 CanLII 5638

Patrick Kelly

J. A. Ronson

H. Peacock

Application withdrawn at the request of the applicant.

The applicant, Amalgamated Transit Union, Local 1587, requested to withdraw its application against the Greater Toronto Transit Authority (Go Transit).

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

Amalgamated Transit Union, Local 1587 v. Greater Toronto Transit Authority (Go Transit), 2001 CanLII 4609

Patrick Kelly

Board permitted union to amend proposed bargaining unit and granted employer extension to file response.

The applicant union filed an application for certification.

The responding employer requested clarification of the proposed bargaining unit before filing its response.

The union submitted a revised proposed bargaining unit.

The Board consented to the amendment of the application and granted the employer an extension of time to file its response.

Canadian Union of Public Employees v. Town of Ajax, 2001 CanLII 2768

Patrick Kelly

OLRBOntario Labour Relations BoardJun 25, 2001

Board directs production of employee notes without determining relevance or admissibility.

The applicant sought production of notes authored by an employee, which were in the responding party's possession.

The responding party objected on the grounds of relevance and ownership.

Roger Fontaine v. Nobord Industries Inc., 2001 CanLII 20058

Patrick Kelly

OLRBOntario Labour Relations BoardJun 22, 2001

Religious exemption from union dues granted to Seventh-day Adventist nurses at amalgamated hospital.

The applicants, employed as nurses at a newly amalgamated hospital, applied for a religious exemption from paying union dues under section 52 of the Labour Relations Act, 1995.

The applicants are members of the Seventh-day Adventist Church, which historically opposes joining or financially supporting labour unions.

The applications were uncontested by the union and the employer.

Facey v. Ontario Nurses Association, 2001 CanLII 10750

Patrick Kelly

Duty of fair representation application dismissed; union reasonably settled grievances over applicant's objections.

The union had represented the applicant through mediation but ultimately concluded, based on legal advice, that her case was weak and accepted the employer's settlement offer over her objections.

The applicant argued that the union's constitution guaranteed her the right to advance her grievances to arbitration.

The Board also noted that section 74 regulates the union's representation vis-à-vis the employer, not internal union affairs or constitutional obligations.

Janice DeHart v. Ontario Public Service Employees Union, 2001 CanLII 17409

R. R. Montague

Patrick Kelly

J. A. Rundle

Union certification granted following a successful representation vote.

The applicant union applied for certification.

A certificate was ordered to issue to the applicant.

Teamsters Local Union 91 v. Glopak Inc., 2001 CanLII 16399

Patrick Kelly

Board declined to issue orders regarding allegedly discriminatory statements in responses.

The applicant requested orders regarding allegedly discriminatory statements in the responses filed by the union and the intervenor.

The Board declined the request, finding no legal basis for the orders.

The Board also confirmed that the applicant could not rely on health and safety allegations that had been previously dismissed in an earlier decision.

Mr. Frank Villella v. IBEW Local 636, 2001 CanLII 19019

Patrick Kelly

Application adjourned sine die for up to one year pending arbitration of the applicant's discharge grievance.

The applicant requested that his application be adjourned sine die because his discharge grievance had been referred to arbitration.

The Board consented to adjourn the application sine die for a period not exceeding one year, after which it would be deemed terminated if no party requested to proceed.

Daniel C. Tremblay v. Communications, Energy and Paperworkers of Canada, Local 324, 2001 CanLII 17998

R. R. Montague

Patrick Kelly

J. A. Rundle

Board directed written submissions on whether a representation vote should be held following a sale of business.

The applicant and the IBEW entered into Minutes of Settlement acknowledging a sale of a business and proposing a representation vote.

CUPE did not agree to the vote, arguing it should be declared the bargaining agent due to the number of employees it represents.

CUPE also raised the issue of the ongoing applicability of its collective agreement with the predecessor employer.

The Board directed the parties to file written submissions on whether a representation vote should be directed and the extent to which the applicant is bound by the collective agreement.

The Corporation of the City of Quinte West v. International Brotherhood of Electrical Workers, Local 636, 2001 CanLII 14011

Patrick Kelly

Director's application to review order to pay dismissed; ordered to pay $28,441.33 in unpaid wages.

The applicant, a director of a bankrupt company, applied for review of an Employment Standards Officer's order to pay unpaid wages.

The parties agreed on the adjusted amount of $28,441.33.

The applicant requested that the Board's decision require the Ministry to provide written confirmation of employee authorizations and a distribution list, and return any undistributed monies.

The application was dismissed, and the applicant was ordered to pay $28,441.33 to the Director in trust.

Boswell v. Woods, 2001 CanLII 10302

Patrick Kelly

Duty of fair representation complaint dismissed; union's decision to settle grievance without member's consent was not arbitrary.

The applicant, a security guard, filed a duty of fair representation complaint against his union under section 74 of the Labour Relations Act.

The Board dismissed the application, finding that the union's decision to settle the removal grievance was reasonable and not arbitrary, discriminatory, or in bad faith.

The Board also found the other allegations either lacked merit or related to internal union matters outside the scope of section 74.

Lewis R. Reed v. United Steelworkers of America, 2001 CanLII 7450

Patrick Kelly

Union permitted to withdraw certification application without a bar prior to representation vote.

The applicant union requested to withdraw its application for certification of part-time service employees one day prior to a scheduled representation vote.

The responding employer consented to the withdrawal but requested the imposition of a bar on future applications pursuant to section 7(9) of the Labour Relations Act, 1995, alleging abuse of process.

The Board found no abuse of process and noted that the employees' wishes had not yet been tested.

The Board granted the withdrawal and declined to impose a bar.

Canadian Union of Public Employees v. Markham Stouffville Hospital, 2001 CanLII 6367

Patrick Kelly

Applications withdrawn at the request of the applicants.

The applicants requested to withdraw their applications against the responding parties.

The Ontario Labour Relations Board granted the request and the applications were withdrawn.

CAW Local 636 v. Eureka Foundry Corp., 2001 CanLII 6237

R. R. Montague

Patrick Kelly

J. A. Rundle

Board declined to consider an objecting employee's late representations regarding a representation vote.

The Board received late submissions from an objecting employee regarding a representation vote in an application for certification.

The certificate had already been issued following a previous decision that rejected similar objections.

The employee filed the representations two weeks after the deadline without providing reasons for the delay or requesting an extension.

The Board declined to consider the late representations.

Ontario Public Service Employees Union v. Victorian Order of Nurses Waterloo – Wellington – Dufferin Branch, 2001 CanLII 5891

Patrick Kelly