Patrick Kelly

Union's applications against employers withdrawn at the request of applicant's counsel.

The applicant union requested to withdraw its applications against the responding employers.

The Ontario Labour Relations Board granted the request and ordered the applications withdrawn.

Communications, Energy and Paperworkers Union of Canada, Local 87-M Southern Ontario Newspaper Guild v. Sing Tao Daily Limited, 2001 CanLII 7005

Patrick Kelly

Application withdrawn at the request of the applicant.

The applicant union requested to withdraw its application via correspondence.

The Ontario Labour Relations Board acknowledged the correspondence and ordered the application withdrawn.

Brewery, General and Professional Workers Union v. The Corporation of the Town of Newmarket, 2001 CanLII 11941

Board declined to impose a bar on future certification applications following union's pre-vote withdrawal.

The applicant union was previously granted leave to withdraw its application for certification prior to a scheduled representation vote.

The responding party employer requested that the Board impose a bar on future applications pursuant to section 7(9) of the Labour Relations Act, 1995, arguing that the union's admission of eroded support meant the employees' wishes had been tested with certainty.

The majority of the Board declined to impose a bar, finding that the mere admission of eroded support did not constitute proof that the employees' wishes had been sufficiently tested, nor did the applicant's actions constitute an abuse of process.

A dissenting Board member would have imposed a one-year bar.

Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 141 v. Rich-Wood Kitchens Ltd., 2001 CanLII 11951

Patrick Kelly

OLRBOntario Labour Relations BoardMay 14, 2001

Reconsideration request dismissed as untimely and improperly filed by a non-party.

A former non-union employee of Zettel Metalcraft Ltd., who was not a party to the original proceeding, filed correspondence requesting reconsideration of a Board decision dated February 27, 2001.

The Board declined to reconsider the decision because the request was not delivered to the parties, was filed beyond the time limit stipulated in Rule 96 of the Board's Rules of Procedure, and contained no request to extend the time limits for filing.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CW-Canada) and its Local 396 v. Zettel Metalcraft Ltd., 2001 CanLII 7218

Robert Murphy

Mohan Seewah

Practising Law - Employed7 cases2000–2004

Marsha Lindsay

Margaret Bailey

Colin Coulter

Cathy Braker

12 cases2000–2013

Brando Paris

20 cases1985–2001

Patrick Kelly

OLRBOntario Labour Relations BoardMay 11, 2001

Lead hands who lack independent discretion over discipline and evaluations do not exercise managerial functions.

The union applied for certification and challenged the inclusion of 18 lead hands in the bargaining unit, arguing they exercised managerial functions under section 1(3)(b) of the Labour Relations Act, 1995.

The Board found that the lead hands primarily assigned work from a pre-determined schedule, performed similar tasks to other employees, and had no independent discretion over hiring, discipline, performance evaluations, or wage increases.

Consequently, the Board concluded that the lead hands did not exercise managerial functions and were properly included in the bargaining unit.

United Steelworkers of America v. Concord Elevator Inc., 2001 CanLII 7025

Patrick Kelly

Board directs submissions on whether non-union employees' objection nullifies proposed settlement of Director's appeal.

The Board previously set out a proposed settlement to resolve a Director's appeal against an order to pay under the Employment Standards Act, inviting objections from non-union employees.

Several non-union employees filed an application for reconsideration, objecting to the settlement amount.

The Board noted that this objection appeared to nullify the proposed settlement but directed the parties to file submissions on the effect of the objection before making a final determination.

Daniel James Zettel v. James Crowe, 2001 CanLII 8871

Patrick Kelly

Union certification granted following successful representation vote among housekeeping employees.

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

Following a representation vote where more than fifty per cent 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 agreed-upon bargaining unit appropriate and ordered that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Sodexho Marriott Services Canada Ltd., 2001 CanLII 6957

Patrick Kelly

Hearing adjourned based on correspondence from responding party's counsel.

The Ontario Labour Relations Board adjourned the hearing scheduled for April 30 and May 1, 2001, based on correspondence from counsel for the responding party.

The responding party was directed to advise the Board by May 31, 2001, whether the matter should be rescheduled.

Canadian Union of Public Employees v. Victorian Order of Nurses, Ottawa-Carleton Branch, 2001 CanLII 11871

Patrick Kelly

OLRBOntario Labour Relations BoardMay 7, 2001

Representation vote ordered for service bargaining unit at Peterborough Regional Health Centre.

Following an agreement between the applicant employer and the responding trade unions concerning the description of the service bargaining unit, the Ontario Labour Relations Board ordered a representation vote.

The voting constituency was defined as all employees of the applicant, with standard exclusions.

Eligible voters were given the choice between representation by the Canadian Union of Public Employees or the Canadian Union of Operating Engineers.

Peterborough Regional Health Centre v. Canadian Union of Operating Engineers, 2001 CanLII 10877

Patrick Kelly

OLRBOntario Labour Relations BoardMay 4, 2001

Board permits filing of amended application but orders applicant to provide specific particulars to union.

The applicant sought to file an amended application, which was opposed by the responding union and the intervenor employer.

The Ontario Labour Relations Board permitted the filing of the amended application.

The Board also granted the union's request for particulars, directing the applicant to provide the names of specific foremen, co-workers, and individuals referenced in the amended application's allegations of workplace incidents.

Christopher York v. Graphic Communications International Union, Local 100M, 2001 CanLII 8800

Patrick Kelly

J. A. Ronson

D. A. Patterson

Union certification granted following a successful representation vote.

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

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Conference Cup Ltd., 2001 CanLII 18590

Patrick Kelly

Board declines to dismiss duty of fair representation complaint on res judicata grounds and directs further submissions.

The applicant filed a duty of fair representation complaint against the union.

The intervenor employer requested the application be dismissed because it raised identical issues to a previously dismissed application, and alternatively, that it failed to disclose a prima facie case.

The Board declined to dismiss the application on the first ground, noting the previous application was dismissed on a preliminary basis without a determination on the merits.

The Board directed the applicant to file written submissions in reply to the intervenor's response before considering the motion to dismiss for lack of a prima facie case.

Tony Fomenko v. CAW Canada, Canadian Auto Workers, 2001 CanLII 4753

Patrick Kelly

OLRBOntario Labour Relations BoardMay 1, 2001

Applications withdrawn on consent of the parties.

The parties submitted correspondence requesting the withdrawal of three applications before the Ontario Labour Relations Board.

The Board granted the request and ordered the applications withdrawn.

McMaster University Staff Association (MUSA) v. McMaster University, 2001 CanLII 15965

R. R. Montague

Patrick Kelly

J. A. Ronson

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification as the bargaining agent for a unit of employees at GE Specialty Extrusions Incorporated.

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 certified the union and directed that a certificate issue.

United Brotherhood of Retail, Food, Industrial and Service Trades International Union v. GE Specialty Extrusions Incorporated, 2001 CanLII 6810

Patrick Kelly

Board orders representation vote between two unions following sale of business and intermingling of employees.

The Ontario Public Service Employees Union and the Service Employees International Union, Local 204 filed applications regarding representation rights following the sale of a business to Health Trust Pre Hospital Services Inc. The parties entered into minutes of settlement agreeing that an intermingling of employees had occurred under section 69(6) of the Labour Relations Act.

The Ontario Labour Relations Board issued orders reflecting the settlement, directing a representation vote between the two unions to determine the bargaining agent for the paramedic employees.

Ontario Public Service Employees Union v. Health Trust Pre Hospital Services Inc., 2001 CanLII 10072

Patrick Kelly

J. A. Ronson

D. A. Patterson

Board directed applicant to file further submissions to establish trade union status and clarify vote discrepancies.

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

The Board noted that it had not previously found the applicant to be a trade union and that the filed materials did not assist in making that determination.

Furthermore, the Board identified discrepancies in the evidence regarding the membership vote and the number of employees in the bargaining units.

The Board directed the applicant to file further submissions and materials to clarify these issues and establish its trade union status before making the requested declaration.

Service Employees International Union Local 528 v. Service Employees International Union Local 210, 2001 CanLII 5109

Patrick Kelly

J. A. Ronson

D. A. Patterson

Board directed applicant to file further materials proving trade union status and adequate notice of merger vote.

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

The Board noted deficiencies in the application, including an unsigned Confirmation of Posting, lack of clarity regarding notice to bargaining unit members of the merger vote, and the absence of a prior Board finding that the applicant is a trade union.

The Board directed the employer to file a completed Confirmation of Posting and ordered the applicant to file further submissions and materials regarding notice and its trade union status.

Service Employees International Union Local 528 v. Service Employees International Union Local 639, 2001 CanLII 2729

R. R. Montague

Patrick Kelly

J. A. Ronson

Applications for religious exemption from union dues scheduled for hearing due to insufficient written materials.

The applicants, registered nurses and members of the Seventh-day Adventist Church, applied for religious exemption from union membership and dues under section 52 of the Labour Relations Act, 1995.

The applications were uncontested by the responding trade union and employer.

However, the Board found the filed materials insufficient to determine whether the statutory requirements were met, as no collective agreement was filed and it was unclear if the impugned agreement was a first collective agreement.

The Board directed the Registrar to schedule the matters for a hearing.

Facey v. Ontario Nurses Association, 2001 CanLII 5518

R. R. Montague

Patrick Kelly

J. A. Ronson

Union certification granted as objecting employee's allegations would not have changed the representation vote result.

The applicant union applied for certification.

A representation vote was held, resulting in a majority of ballots cast in favour of the applicant.

An objecting employee alleged that some employees were told not to vote and that the single poll arrangement prevented others from voting.

The Board dismissed the objections, noting that even if the allegations were true, the applicant would still have obtained a majority.

The responding party abandoned its position regarding section 10(3) of the Labour Relations Act, 1995.

The Board issued a final decision without a hearing, finding the bargaining unit appropriate and directing that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Attendant Care Inc. o/a Tobias House of Toronto, 2001 CanLII 4541

Patrick Kelly

J. A. Ronson

D. A. Patterson

Employment and Labour Law

Applicant directed to file materials proving trade union status before successor rights declaration can issue.

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 by reason of a merger, amalgamation, or transfer of jurisdiction.

Following successful representation votes, the Board noted that it had not previously found the applicant to be a trade union within the meaning of section 1(1) of the Act.

The Board directed the applicant to file materials in support of its claim that it is a trade union before making a final determination.

Service Employees International Union Local 528 v. Service Employees International Union Local 204, 2001 CanLII 3758

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

Union's applications against employers withdrawn at the request of applicant's counsel.

The applicant union requested to withdraw its applications against the responding employers.

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

Communications, Energy and Paperworkers Union of Canada, Local 87-M Southern Ontario Newspaper Guild v. Sing Tao Daily Limited, 2001 CanLII 7005

Patrick Kelly

OLRBMajority0 cases1986–2001

Application withdrawn at the request of the applicant.

The applicant union requested to withdraw its application via correspondence.

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

Brewery, General and Professional Workers Union v. The Corporation of the Town of Newmarket, 2001 CanLII 11941

R. R. Montague

Patrick Kelly

OLRBMajority (Wrote the majority reasons)0 cases1999–2019

J. A. Ronson

OLRBDissenting0 cases1980–2001

OLRBOntario Labour Relations BoardMay 14, 2001

Board declined to impose a bar on future certification applications following union's pre-vote withdrawal.

The applicant union was previously granted leave to withdraw its application for certification prior to a scheduled representation vote.

A dissenting Board member would have imposed a one-year bar.

Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 141 v. Rich-Wood Kitchens Ltd., 2001 CanLII 11951

Patrick Kelly

OLRBOntario Labour Relations BoardMay 14, 2001

Reconsideration request dismissed as untimely and improperly filed by a non-party.

A former non-union employee of Zettel Metalcraft Ltd., who was not a party to the original proceeding, filed correspondence requesting reconsideration of a Board decision dated February 27, 2001.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CW-Canada) and its Local 396 v. Zettel Metalcraft Ltd., 2001 CanLII 7218

Robert Murphy

Mohan Seewah

Practising Law - Employed7 cases2000–2004

Marsha Lindsay

Margaret Bailey

Colin Coulter

Cathy Braker

12 cases2000–2013

Brando Paris

20 cases1985–2001

Patrick Kelly

OLRBOntario Labour Relations BoardMay 11, 2001

Lead hands who lack independent discretion over discipline and evaluations do not exercise managerial functions.

Consequently, the Board concluded that the lead hands did not exercise managerial functions and were properly included in the bargaining unit.

United Steelworkers of America v. Concord Elevator Inc., 2001 CanLII 7025

Patrick Kelly

Board directs submissions on whether non-union employees' objection nullifies proposed settlement of Director's appeal.

The Board previously set out a proposed settlement to resolve a Director's appeal against an order to pay under the Employment Standards Act, inviting objections from non-union employees.

Several non-union employees filed an application for reconsideration, objecting to the settlement amount.

The Board noted that this objection appeared to nullify the proposed settlement but directed the parties to file submissions on the effect of the objection before making a final determination.

Daniel James Zettel v. James Crowe, 2001 CanLII 8871

Patrick Kelly

Union certification granted following successful representation vote among housekeeping employees.

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

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Sodexho Marriott Services Canada Ltd., 2001 CanLII 6957

Patrick Kelly

Hearing adjourned based on correspondence from responding party's counsel.

The Ontario Labour Relations Board adjourned the hearing scheduled for April 30 and May 1, 2001, based on correspondence from counsel for the responding party.

The responding party was directed to advise the Board by May 31, 2001, whether the matter should be rescheduled.

Canadian Union of Public Employees v. Victorian Order of Nurses, Ottawa-Carleton Branch, 2001 CanLII 11871

Patrick Kelly

OLRBOntario Labour Relations BoardMay 7, 2001

Representation vote ordered for service bargaining unit at Peterborough Regional Health Centre.

The voting constituency was defined as all employees of the applicant, with standard exclusions.

Eligible voters were given the choice between representation by the Canadian Union of Public Employees or the Canadian Union of Operating Engineers.

Peterborough Regional Health Centre v. Canadian Union of Operating Engineers, 2001 CanLII 10877

Patrick Kelly

OLRBOntario Labour Relations BoardMay 4, 2001

Board permits filing of amended application but orders applicant to provide specific particulars to union.

The applicant sought to file an amended application, which was opposed by the responding union and the intervenor employer.

The Ontario Labour Relations Board permitted the filing of the amended application.

Christopher York v. Graphic Communications International Union, Local 100M, 2001 CanLII 8800

Patrick Kelly

J. A. Ronson

D. A. Patterson

Union certification granted following a successful representation vote.

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

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Conference Cup Ltd., 2001 CanLII 18590

Patrick Kelly

Board declines to dismiss duty of fair representation complaint on res judicata grounds and directs further submissions.

The applicant filed a duty of fair representation complaint against the union.

The Board declined to dismiss the application on the first ground, noting the previous application was dismissed on a preliminary basis without a determination on the merits.

The Board directed the applicant to file written submissions in reply to the intervenor's response before considering the motion to dismiss for lack of a prima facie case.

Tony Fomenko v. CAW Canada, Canadian Auto Workers, 2001 CanLII 4753

Patrick Kelly

OLRBOntario Labour Relations BoardMay 1, 2001

Applications withdrawn on consent of the parties.

The parties submitted correspondence requesting the withdrawal of three applications before the Ontario Labour Relations Board.

The Board granted the request and ordered the applications withdrawn.

McMaster University Staff Association (MUSA) v. McMaster University, 2001 CanLII 15965

R. R. Montague

Patrick Kelly

J. A. Ronson

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification as the bargaining agent for a unit of employees at GE Specialty Extrusions Incorporated.

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 certified the union and directed that a certificate issue.

United Brotherhood of Retail, Food, Industrial and Service Trades International Union v. GE Specialty Extrusions Incorporated, 2001 CanLII 6810

Patrick Kelly

Board orders representation vote between two unions following sale of business and intermingling of employees.

The Ontario Labour Relations Board issued orders reflecting the settlement, directing a representation vote between the two unions to determine the bargaining agent for the paramedic employees.

Ontario Public Service Employees Union v. Health Trust Pre Hospital Services Inc., 2001 CanLII 10072

Patrick Kelly

J. A. Ronson

D. A. Patterson

Board directed applicant to file further submissions to establish trade union status and clarify vote discrepancies.

The Board noted that it had not previously found the applicant to be a trade union and that the filed materials did not assist in making that determination.

Furthermore, the Board identified discrepancies in the evidence regarding the membership vote and the number of employees in the bargaining units.

The Board directed the applicant to file further submissions and materials to clarify these issues and establish its trade union status before making the requested declaration.

Service Employees International Union Local 528 v. Service Employees International Union Local 210, 2001 CanLII 5109

Patrick Kelly

J. A. Ronson

D. A. Patterson

Board directed applicant to file further materials proving trade union status and adequate notice of merger vote.

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

The Board directed the employer to file a completed Confirmation of Posting and ordered the applicant to file further submissions and materials regarding notice and its trade union status.

Service Employees International Union Local 528 v. Service Employees International Union Local 639, 2001 CanLII 2729

R. R. Montague

Patrick Kelly

J. A. Ronson

Applications for religious exemption from union dues scheduled for hearing due to insufficient written materials.

The applicants, registered nurses and members of the Seventh-day Adventist Church, applied for religious exemption from union membership and dues under section 52 of the Labour Relations Act, 1995.

The applications were uncontested by the responding trade union and employer.

The Board directed the Registrar to schedule the matters for a hearing.

Facey v. Ontario Nurses Association, 2001 CanLII 5518

R. R. Montague

Patrick Kelly

J. A. Ronson

Union certification granted as objecting employee's allegations would not have changed the representation vote result.

The applicant union applied for certification.

A representation vote was held, resulting in a majority of ballots cast in favour of the applicant.

An objecting employee alleged that some employees were told not to vote and that the single poll arrangement prevented others from voting.

The Board dismissed the objections, noting that even if the allegations were true, the applicant would still have obtained a majority.

The responding party abandoned its position regarding section 10(3) of the Labour Relations Act, 1995.

The Board issued a final decision without a hearing, finding the bargaining unit appropriate and directing that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Attendant Care Inc. o/a Tobias House of Toronto, 2001 CanLII 4541

Patrick Kelly

J. A. Ronson

D. A. Patterson