Patrick Kelly

Deadline for applicant's submissions extended.

The applicant requested an extension of the deadline for submissions as directed by a previous Board decision.

The Board granted the request, extending the deadline to June 6, 2001.

Deborah Frances Boswell A Director of West Machinery Co. Limited v. Winnifred Woods et al and Ministry of Labour, 2001 CanLII 10380

Application withdrawn on consent of the parties.

The applicant union filed an application against the Crown in Right of Ontario Ministry of Transportation.

Having regard to the agreement of the parties, the Ontario Labour Relations Board ordered the application withdrawn.

Ontario Public Service Employees Union v. Crown in Right of Ontario Ministry of Transportation, 2001 CanLII 9992

Patrick Kelly

J. A. Rundle

OLRBUnanimous0 cases1987–2001

H. Peacock

Decertification application dismissed for failing to describe bargaining unit and providing photocopied documentary evidence.

The applicant applied to terminate the responding party union's bargaining rights under section 63 of the Labour Relations Act, 1995.

The Board dismissed the application because it failed to set out a description of the bargaining unit, making it impossible to determine a voting constituency.

Furthermore, the documentary evidence filed was a photocopy of a letter addressed to the employer, which did not satisfy the requirement for an original document clearly expressing the employees' wish not to be represented by the union.

The application was dismissed without prejudice to filing a fresh application.

Arlene Giroux v. Local 183 Service Employees Int’l Union, 2001 CanLII 4710

Patrick Kelly

J. A. Rundle

D. A. Patterson

Application terminated following correspondence from the applicant.

The applicant, Essa Staff Union, submitted correspondence to the Ontario Labour Relations Board requesting the termination of its application against the Social Science Employees Association.

The Board acknowledged the correspondence and ordered the matter terminated.

Essa Staff Union v. Social Science Employees Association, 2001 CanLII 3315

Patrick Kelly

Application withdrawn at the request of the applicant.

The applicant requested to withdraw the application.

The Ontario Labour Relations Board acknowledged the correspondence and ordered the application withdrawn.

Raymond Tasker v. Service Employees International Union, Local 210, 2001 CanLII 3129

Patrick Kelly

J. A. Rundle

D. A. Patterson

Application adjourned sine die on consent of the parties.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, having regard to the agreement of the parties.

The application will be deemed terminated if neither party requests to proceed within that time.

Ontario Public Service Employees Union v. Regional Municipality of Ottawa-Carleton, 2001 CanLII 2458

Patrick Kelly

J. A. Rundle

D. A. Patterson

Representation vote ordered in certification application with ballots segregated and box sealed due to bargaining unit dispute.

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

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the proposed bargaining unit could be appropriate and ordered a representation vote, directing that all ballots be segregated and the ballot box sealed pending resolution of the disputes over the bargaining unit's geographic scope and composition.

Ontario Public Service Employees Union v. Gamma-Dynacare Medical Laboratories, 2001 CanLII 20987

Patrick Kelly

J. A. Rundle

D. A. Patterson

Union certification granted following a successful representation vote.

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

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board ordered that a certificate will issue to the applicant and cancelled previously set hearing dates.

United Steelworkers of America v. Garda Security Group Inc. and Riscon Security Services Limited, 2001 CanLII 15235

Patrick Kelly

J. A. Rundle

D. A. Patterson

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

The applicant sought to withdraw its application against the responding party.

Having regard to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

Canadian Health Care Workers v. The Good Shepherd Centre Hamilton-Emmanuel House, 2001 CanLII 9619

R. R. Montague

Patrick Kelly

J. A. Rundle

OLRBOntario Labour Relations BoardMay 28, 2001

Representation vote directed in union certification application.

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

The Ontario Labour Relations 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.

The Board directed that a representation vote be taken.

Canadian Union of Public Employees v. Black Coalition for AIDS Prevention, 2001 CanLII 4254

Patrick Kelly

Application adjourned sine die for up to one year.

The responding party requested an adjournment of the application.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year.

If neither party requests to proceed within that time, the matter will be deemed terminated.

Sheet Metal Workers International Association Local Union 540 v. Beaver Foods Limited, 2001 CanLII 17743

Patrick Kelly

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

The applicant requested an adjournment of the application.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, noting that it would be deemed terminated if neither party requested to proceed within that time.

International Union of Operating Engineers, Local 793 v. Cornwall Gravel Company Ltd., 2001 CanLII 18403

Brian Fukuzawa

9 cases1999–2001

Patrick Kelly

Hearing adjourned on consent at the request of the Ministry of Labour.

At the outset of the hearing, counsel for the Ministry of Labour requested an adjournment.

The applicant and the other responding party agreed to the request.

The Board granted the adjournment and referred the matter to the Registrar for rescheduling.

Carrie Green v. Workplace Safety and Insurance Board, 2001 CanLII 12925

Patrick Kelly

Motion to dismiss duty of fair representation complaint denied as settlement terms were not adequately proven.

The applicant filed a complaint alleging a violation of section 74 of the Labour Relations Act, 1995.

The intervenor employer brought a motion to dismiss the application without a hearing for failure to disclose a prima facie case, arguing that the applicant's grievance remained unresolved because he refused to sign a medical waiver required by a memorandum of understanding.

The Board denied the motion to dismiss, finding that the terms of the settlement had not been adequately described or proven at this stage, and referred the matter to be processed in the normal course.

Tony Fomenko v. CAW Canada, Canadian Auto Workers, 2001 CanLII 3666

Patrick Kelly

J. A. Rundle

D. A. Patterson

Application withdrawn with leave of the Board.

The applicants requested to withdraw their application via correspondence.

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

Ontario Public Service Employees Union and Nick Tefoglou v. The Crown in Right of Ontario (Ministry of Correctional Services, Whitby Jail), 2001 CanLII 2682

Patrick Kelly

OLRBOntario Labour Relations BoardMay 24, 2001

Applicant directed to file submissions on motion to dismiss duty of fair representation complaint against International Union.

The applicant filed a duty of fair representation complaint against I.A.T.S.E. International and I.A.T.S.E. 873.

The responding parties brought a motion to dismiss the application against the International Union without a hearing, arguing the application raised no allegations against it.

The Board directed the applicant to file written submissions as to why the application should not be dismissed against the International Union before making a final determination on the motion.

John Duke v. I.A.T.S.E. International, 2001 CanLII 4731

Patrick Kelly

Board orders implementation of $1,000,000 settlement for unpaid wages following withdrawal of employee objections.

The Ontario Labour Relations Board issued orders to implement a proposed settlement after an objection by three individuals was withdrawn.

Zettel Manufacturing Limited and Trillium Metal Stamping were ordered to pay a total of $910,000 to the CAW and $90,000 to the Ministry of Labour in two installments.

The Ministry will distribute its portion to non-union employees.

The Board also noted the Ministry's conditional agreement to waive recovery of compensation paid under the Employee Wage Protection Program.

Daniel James Zettel v. James Crowe et al., 2001 CanLII 17258

Patrick Kelly

Motion to amend duty of fair representation complaint to add new statutory violations denied.

The applicants brought a preliminary motion to amend their duty of fair representation complaint under section 74 of the Labour Relations Act to include allegations of violations of sections 70, 72, and 76.

The Board denied the request, directing the applicants to file a separate application with specific factual allegations if they wished to pursue those claims.

The responding union's motion to strike portions of the applicants' pleadings relating to internal union matters was also dismissed, as the Board found the allegations could arguably be relevant to the section 74 complaint.

Communications, Energy and Paperworkers Union of Canada, Local 774 v. Communications, Energy and Paperworkers Union of Canada, Local 3264, 2001 CanLII 3418

Murray Klein

22 cases2000–2002

Matthew G. Moloci

37 cases2001–2025

Erik Savas

30 cases2001–2026

Patrick Kelly

Director held liable for unpaid wages of related bankrupt company's employees.

The applicant, a director of West Machinery Co. Limited, sought a review of an order to pay unpaid wages and vacation pay owed to employees of Tobac Curing Systems Limited.

The Employment Standards Officer had found that West and Tobac were related employers under section 12 of the Employment Standards Act and issued the order against the applicant as a director of West.

The Board found that the two companies were related businesses, as they operated under the same roof, shared a controlling mind, and West relied almost exclusively on Tobac's employees.

The Board also rejected the applicant's argument that the Officer had broad discretion under section 58.22 to consider her personal circumstances before issuing the order.

The application for review was dismissed and the order to pay was affirmed.

Boswell v. Woods et al, 2001 CanLII 17957

Patrick Kelly

Employment and Labour Law

Request for reconsideration dismissed as applicant failed to provide compelling reasons for missing the hearing.

The applicant requested reconsideration of a Board decision that dismissed its application for review after it failed to appear at the hearing.

The applicant claimed it did not receive notice because the facsimile number on file was wrong.

The Board declined to reconsider the decision, noting that the Notice of Hearing was successfully transmitted to the facsimile number provided by the applicant in its application, which had also been used previously by the Board without issue.

Back Fitness Club v. Deepa Chakraborty and Ministry of Labour, 2001 CanLII 16755

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

Deadline for applicant's submissions extended.

The applicant requested an extension of the deadline for submissions as directed by a previous Board decision.

The Board granted the request, extending the deadline to June 6, 2001.

Deborah Frances Boswell A Director of West Machinery Co. Limited v. Winnifred Woods et al and Ministry of Labour, 2001 CanLII 10380

Patrick Kelly

J. A. Rundle

D. A. Patterson

Application withdrawn on consent of the parties.

The applicant union filed an application against the Crown in Right of Ontario Ministry of Transportation.

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

Ontario Public Service Employees Union v. Crown in Right of Ontario Ministry of Transportation, 2001 CanLII 9992

Patrick Kelly

J. A. Rundle

OLRBUnanimous0 cases1987–2001

H. Peacock

Decertification application dismissed for failing to describe bargaining unit and providing photocopied documentary evidence.

The applicant applied to terminate the responding party union's bargaining rights under section 63 of the Labour Relations Act, 1995.

The Board dismissed the application because it failed to set out a description of the bargaining unit, making it impossible to determine a voting constituency.

The application was dismissed without prejudice to filing a fresh application.

Arlene Giroux v. Local 183 Service Employees Int’l Union, 2001 CanLII 4710

Patrick Kelly

J. A. Rundle

D. A. Patterson

Application terminated following correspondence from the applicant.

The applicant, Essa Staff Union, submitted correspondence to the Ontario Labour Relations Board requesting the termination of its application against the Social Science Employees Association.

The Board acknowledged the correspondence and ordered the matter terminated.

Essa Staff Union v. Social Science Employees Association, 2001 CanLII 3315

Patrick Kelly

Application withdrawn at the request of the applicant.

The applicant requested to withdraw the application.

The Ontario Labour Relations Board acknowledged the correspondence and ordered the application withdrawn.

Raymond Tasker v. Service Employees International Union, Local 210, 2001 CanLII 3129

Patrick Kelly

J. A. Rundle

D. A. Patterson

Application adjourned sine die on consent of the parties.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, having regard to the agreement of the parties.

The application will be deemed terminated if neither party requests to proceed within that time.

Ontario Public Service Employees Union v. Regional Municipality of Ottawa-Carleton, 2001 CanLII 2458

Patrick Kelly

J. A. Rundle

D. A. Patterson

Representation vote ordered in certification application with ballots segregated and box sealed due to bargaining unit dispute.

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

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

Ontario Public Service Employees Union v. Gamma-Dynacare Medical Laboratories, 2001 CanLII 20987

Patrick Kelly

J. A. Rundle

D. A. Patterson

Union certification granted following a successful representation vote.

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

United Steelworkers of America v. Garda Security Group Inc. and Riscon Security Services Limited, 2001 CanLII 15235

Patrick Kelly

J. A. Rundle

D. A. Patterson

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

The applicant sought to withdraw its application against the responding party.

Having regard to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

Canadian Health Care Workers v. The Good Shepherd Centre Hamilton-Emmanuel House, 2001 CanLII 9619

R. R. Montague

Patrick Kelly

J. A. Rundle

OLRBOntario Labour Relations BoardMay 28, 2001

Representation vote directed in union certification application.

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

The Board directed that a representation vote be taken.

Canadian Union of Public Employees v. Black Coalition for AIDS Prevention, 2001 CanLII 4254

Patrick Kelly

Application adjourned sine die for up to one year.

The responding party requested an adjournment of the application.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year.

If neither party requests to proceed within that time, the matter will be deemed terminated.

Sheet Metal Workers International Association Local Union 540 v. Beaver Foods Limited, 2001 CanLII 17743

Patrick Kelly

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

The applicant requested an adjournment of the application.

International Union of Operating Engineers, Local 793 v. Cornwall Gravel Company Ltd., 2001 CanLII 18403

Brian Fukuzawa

9 cases1999–2001

Patrick Kelly

Hearing adjourned on consent at the request of the Ministry of Labour.

At the outset of the hearing, counsel for the Ministry of Labour requested an adjournment.

The applicant and the other responding party agreed to the request.

The Board granted the adjournment and referred the matter to the Registrar for rescheduling.

Carrie Green v. Workplace Safety and Insurance Board, 2001 CanLII 12925

Patrick Kelly

Motion to dismiss duty of fair representation complaint denied as settlement terms were not adequately proven.

The applicant filed a complaint alleging a violation of section 74 of the Labour Relations Act, 1995.

Tony Fomenko v. CAW Canada, Canadian Auto Workers, 2001 CanLII 3666

Patrick Kelly

J. A. Rundle

D. A. Patterson

Application withdrawn with leave of the Board.

The applicants requested to withdraw their application via correspondence.

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

Ontario Public Service Employees Union and Nick Tefoglou v. The Crown in Right of Ontario (Ministry of Correctional Services, Whitby Jail), 2001 CanLII 2682

Patrick Kelly

OLRBOntario Labour Relations BoardMay 24, 2001

Applicant directed to file submissions on motion to dismiss duty of fair representation complaint against International Union.

The applicant filed a duty of fair representation complaint against I.A.T.S.E. International and I.A.T.S.E. 873.

The responding parties brought a motion to dismiss the application against the International Union without a hearing, arguing the application raised no allegations against it.

The Board directed the applicant to file written submissions as to why the application should not be dismissed against the International Union before making a final determination on the motion.

John Duke v. I.A.T.S.E. International, 2001 CanLII 4731

Patrick Kelly

Board orders implementation of $1,000,000 settlement for unpaid wages following withdrawal of employee objections.

The Ontario Labour Relations Board issued orders to implement a proposed settlement after an objection by three individuals was withdrawn.

Zettel Manufacturing Limited and Trillium Metal Stamping were ordered to pay a total of $910,000 to the CAW and $90,000 to the Ministry of Labour in two installments.

The Ministry will distribute its portion to non-union employees.

The Board also noted the Ministry's conditional agreement to waive recovery of compensation paid under the Employee Wage Protection Program.

Daniel James Zettel v. James Crowe et al., 2001 CanLII 17258

Patrick Kelly

Motion to amend duty of fair representation complaint to add new statutory violations denied.

The Board denied the request, directing the applicants to file a separate application with specific factual allegations if they wished to pursue those claims.

Communications, Energy and Paperworkers Union of Canada, Local 774 v. Communications, Energy and Paperworkers Union of Canada, Local 3264, 2001 CanLII 3418

Murray Klein

22 cases2000–2002

Matthew G. Moloci

37 cases2001–2025

Erik Savas

30 cases2001–2026

Patrick Kelly

Director held liable for unpaid wages of related bankrupt company's employees.

The applicant, a director of West Machinery Co. Limited, sought a review of an order to pay unpaid wages and vacation pay owed to employees of Tobac Curing Systems Limited.

The Board found that the two companies were related businesses, as they operated under the same roof, shared a controlling mind, and West relied almost exclusively on Tobac's employees.

The Board also rejected the applicant's argument that the Officer had broad discretion under section 58.22 to consider her personal circumstances before issuing the order.

The application for review was dismissed and the order to pay was affirmed.

Boswell v. Woods et al, 2001 CanLII 17957

Patrick Kelly