Patrick Kelly

OLRBOntario Labour Relations BoardOct 23, 2000

Storesperson classification placed in service bargaining unit; single collective agreement confirmed for paramedical unit.

The Board determined the placement of the storesperson classification in the service bargaining unit rather than the office/clerical unit, noting the significant physical component of the job duties.

The Board also clarified its previous decision regarding the paramedical bargaining unit, confirming that there will be only one collective agreement for the unit and that while the union may establish multiple locals internally, the employer is only obligated to recognize and negotiate with the single appointed bargaining agent.

Peterborough Regional Health Centre v. Canadian Union of Operating Engineers and its Local 101, 2000 CanLII 7410

Duty of fair representation complaint dismissed as employer fully implemented the grievance settlement.

The applicant filed a complaint alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act regarding the implementation of a grievance settlement.

The applicant claimed the union failed to support him when the employer initially assigned him a mathematics course instead of a business course, and when he had concerns about his sick bank credits.

The Board dismissed the application, finding that the employer had rectified the course assignment issue immediately and had properly credited the sick days as required by the settlement.

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

Perry Zolis v. Ontario Secondary School Teachers’ Federation District 12 and Ontario Secondary School Teachers’ Federation, 2000 CanLII 2815

Patrick Kelly

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardOct 18, 2000

Board issues consent declarations regarding successor employer status and bargaining rights following a sale of business.

The applicant union brought an application under section 69 of the Labour Relations Act, 1995.

The parties entered into a Memorandum of Agreement settling all outstanding issues.

The Board issued declarations on consent, finding that a sale of business had taken place and that the Regional Municipality of Waterloo was the successor employer.

The Board defined the appropriate bargaining unit, declared the applicant as the bargaining agent, and terminated the bargaining rights of the responding union.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and is Local 4304 v. Regional Municipality of Waterloo, 2000 CanLII 1299

Patrick Kelly

Complaint regarding excessive campaigning dismissed; representation vote results upheld and bargaining agents appointed.

CUPE filed an unfair labour practice complaint alleging that SEIU breached a campaign protocol leading up to representation votes at the Niagara Health System.

SEIU brought a preliminary motion to dismiss the complaint without a hearing, arguing that under the Public Sector Labour Relations Transition Act, 1997, the Board can only set aside a vote if it does not reflect the true wishes of the employees.

The Board agreed, finding that even if SEIU engaged in excessive campaigning as alleged, it would not have prevented the secret ballot vote from reflecting the employees' true wishes.

The complaint was dismissed, and the Board appointed SEIU and OPSEU as bargaining agents for their respective successful units.

Service Employees’ International Union, Local 204 v. Niagara Health System, 2000 CanLII 8738

Patrick Kelly

Unfair labour practice complaint regarding excessive campaigning dismissed; SEIU appointed as bargaining agent following representation votes.

Following representation votes under the Public Sector Labour Relations Transition Act, 1997, CUPE filed an unfair labour practice complaint alleging that SEIU breached a campaign protocol by engaging in excessive campaigning on the day of the vote.

SEIU brought a preliminary motion to dismiss the complaint without a hearing.

The Ontario Labour Relations Board dismissed the complaint, finding that even if the allegations were true, excessive campaigning does not in itself prevent voters from exercising their free choice in a secret ballot vote.

The Board appointed SEIU as the bargaining agent for the service and office/clerical bargaining units, as it had received a majority of the ballots cast.

Service Employees’ International Union, Local 204 v. Niagara Health System, 2000 CanLII 7108

Patrick Kelly

OLRBOntario Labour Relations BoardOct 16, 2000

Union's certification and unfair labour practice applications withdrawn with a one-year bar imposed.

The applicant union requested to withdraw its applications for certification and an unfair labour practice.

The Ontario Labour Relations Board granted the withdrawal, imposed a one-year bar on any new certification application by the applicant for the same bargaining unit, and ordered the destruction of the ballots cast in the representation vote.

Brotherhood of Maintenance of Way Employees v. CLN Industries Inc., 2000 CanLII 7215

Patrick Kelly

Licence Surrendered - Retired5 cases2000–2001

Request for reconsideration dismissed; alleged voting irregularities did not warrant a hearing given overwhelming vote results.

The intervenor union requested reconsideration of a Board decision issuing certificates to the applicant union following displacement applications for certification.

The intervenor argued the Board violated natural justice by refusing to hold a hearing into alleged voting irregularities and the applicant's conduct.

The Board dismissed the request, finding that the representation vote results were overwhelmingly in favour of the applicant and the intervenor's allegations, even if true, would not have changed the outcome.

The Board affirmed its discretion under section 8(8) of the Labour Relations Act, 1995 to determine when a hearing is necessary.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Grand River Hospital Corporation, 2000 CanLII 10973

Mircho Mirchev

Patrick Kelly

Employer appeal dismissed; withholding wages for alleged theft without statutory exemption violates Employment Standards Act.

The applicant employer appealed an Order to Pay issued by an Employment Standards Officer for unpaid wages owed to the responding party employee.

The employer admitted to withholding the wages, alleging the employee had taken cash from product sales, but conceded that none of the statutory exemptions permitting set-off applied.

The Ontario Labour Relations Board dismissed the appeal, finding that the employer's actions were prohibited under section 8 of the Employment Standards Act and no exemption under O. Reg. 325 applied.

1384112 Ontario Limited o/a Roseglen Weight Loss & Wellness of Canada v. Lisa Hoy and Ministry of Labour, 2000 CanLII 2044

Patrick Kelly

OLRBOntario Labour Relations BoardOct 11, 2000

Reprisal complaint dismissed as applicant's acceptance of grievance settlement constituted an election of forum.

The applicant filed a reprisal complaint under the Occupational Health and Safety Act and a duty of fair representation complaint under the Labour Relations Act against her union and employer.

During the hearing, the parties agreed that the applicant's underlying grievances had been settled.

The employer argued that the settlement resolved the reprisal complaint, while the applicant sought to proceed.

The Board held that by accepting the settlement of her grievances, the applicant made an election under section 50(2) of the OHSA, barring her from proceeding with the reprisal complaint.

The Board also exercised its discretion not to inquire further, as the factual allegations and relief sought were substantially similar to the settled grievances.

The reprisal complaint was dismissed, and the duty of fair representation complaint was withdrawn with leave.

Cheryl Sweiger v. Toronto Transit Commission, 2000 CanLII 12564

Patrick Kelly

Applications withdrawn at the request of the applicant.

The applicant requested to withdraw its applications via correspondence.

The Ontario Labour Relations Board acknowledged the request and marked the applications as withdrawn.

Provincial Papers Inc. v. Communications Energy and Paperworkers’ Union Local 279, 2000 CanLII 8132

Patrick Kelly

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

The applicant requested an adjournment of the applications.

The Ontario Labour Relations Board consented to adjourn the hearing of the matters sine die for a period not exceeding one year, after which they will be deemed terminated if no party requests to proceed.

Teamsters Local Union 983 v. Mackie Moving Systems Corporation, 2000 CanLII 4043

Patrick Kelly

J. A. Rundle

D. A. Patterson

Union certification granted following a successful representation vote in a displacement application.

The applicant union filed a displacement application for certification.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, the parties agreed there were no remaining issues in dispute.

The Ontario Labour Relations Board ordered that a certificate issue to the applicant for the agreed-upon bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Bowlero Limited, 2000 CanLII 8199

Patrick Kelly

Time for filing applicant's statement of material facts extended to October 10, 2000.

The applicant requested an extension of time to file a statement of material facts.

The Ontario Labour Relations Board granted the request, extending the deadline to October 10, 2000, and confirmed all other aspects of its previous decision.

Krishna R. Nankissoor v. O.S.S.T.F. District 12, 2000 CanLII 8082

Patrick Kelly

Extension of time to file statement of material facts granted.

The applicant requested an extension of time to file a statement of material facts.

The Ontario Labour Relations Board granted the request, extending the deadline to October 10, 2000, and confirmed all other aspects of its previous decision.

Krishna R. Nankissoor v. O.S.S.T.F. District 12, 2000 CanLII 7512

Patrick Kelly

J. A. Ronson

H. Peacock

Union certified as bargaining agent after winning representation vote, despite intervenor's objection to ballot name.

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

A representation vote was held, and more than fifty percent of the ballots were cast in favour of the applicant.

The intervenor objected to the form of the applicant's name on the ballot, but the Board found the objection would not change the result.

The Board issued a final decision without a hearing, certifying the applicant as the bargaining agent for the agreed-upon bargaining unit.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Aradco Management Limited, 2000 CanLII 9858

Patrick Kelly

J. A. Ronson

H. Peacock

Union certified after winning representation vote among employees at Cornwall facility.

The applicant union applied for certification as the bargaining agent for a unit of employees at the responding party's Cornwall location.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the union, the Ontario Labour Relations Board certified the applicant and defined the appropriate bargaining unit.

A certificate was ordered to issue.

United Food and Commercial Workers International Union Local 175 v. Prince Foods Inc., 2000 CanLII 9839

R. R. Montague

Patrick Kelly

J. A. Ronson

Unopposed application for declaration of successor union rights granted.

The applicant 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 union by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Board granted the declaration based on the materials filed.

Service Employees International Union, Local 204 v. Service Employees International Union Local, 478, 2000 CanLII 9769

Patrick Kelly

J. A. Ronson

H. Peacock

Union certification application dismissed after failing to secure majority support in representation vote.

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

Following a representation vote where not more than 50 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 dismissed the application.

A mandatory one-year bar on subsequent certification applications by the applicant for the same bargaining unit was imposed.

Teamsters Local Union No. 419 v. Michelin North America (Canada) Inc., 2000 CanLII 9150

Patrick Kelly

J. A. Ronson

H. Peacock

Union certification application dismissed after failing to secure majority support in representation vote.

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

A representation vote was held, and not more than fifty per cent of the ballots cast were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for this bargaining unit.

National Automobile, Aerospace Transportation and General Workers’ Union of Canada (CAW-Canada) v. Hunter Drums Limited, 2000 CanLII 7621

Patrick Kelly

J. A. Ronson

D. A. Patterson

Employment and Labour Law

Board directs a run-off representation vote between two unions after no union secured a majority.

The applicant employer applied to the Ontario Labour Relations Board following a sale of a business and intermingling of employees.

A representation vote was held between three trade unions: CUPE, OPSEU, and the Staff Association.

No union received more than 50 per cent of the ballots cast, with OPSEU receiving the fewest votes.

Pursuant to section 111(6)(b) of the Labour Relations Act, 1995, the Board directed a further representation vote and exercised its discretion to eliminate OPSEU from the ballot.

The eligible voters will choose between CUPE and the Staff Association.

Child and Family Services of Timmins and District v. Canadian Union of Public Employees, Local 2196, 2000 CanLII 2730

appearing for Canadian Union of Public Employees, Local 3393

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

appearing for St. Christopher House

Maureen FairAgent
1 appearance
Simone CusenzaAgent
1 appearance

appearing on behalf of the applicant

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

appearing on behalf of the intervenor

Jeff MitchellCounsel
1 appearance
John DonofrioCounsel
1 appearance

appearing on behalf of the Ministry of Correctional Services

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

appearing on behalf of the Ministry of Labour

Bridget LynettAgent
1 appearance
Paul FaustinoAgent
1 appearance

appearing on behalf of the responding parties

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

appearing on her own behalf

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

appearing on his own behalf

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

for 1083859 Ontario Ltd. carrying on business as Adams Services

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

for 1207665 Ontario Inc., Operating as Steak Queen Restaurant

Bill LaiAgent
1 appearance

for 638430 Ontario Limited

David McKerlieCounsel
1 appearance

for Beachville Lime Limited

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

for Brookfield

Liz GraberAgent
1 appearance
Phil LongtonAgent
1 appearance

for Canadian Auto Workers’ Union, Local 1967

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

for Canadian Shareowners Association

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

for CAW-Canada

Chris BuckleyUnion representative
1 appearance
Jim HoyUnion representative
1 appearance

for CAW Local 636

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

for CEP Local 3264

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

for CEP Local 774

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

for Christian Labour Association of Canada

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

for Communications, Energy and Paperworkers Union, Local 3264

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

for Communications, Energy and Paperworkers Union, Local 774

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

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

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

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

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

for Concord Elevator Inc.

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

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

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

for Eastway Plymouth Chrysler Ltd.

John W. MontgomeryCounsel
1 appearance
Maurice ThompsonCounsel
1 appearance

for Elpida Antoniadis

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

for Health Trust Pre Hospital Services Inc.

J. M. PriceAgent
1 appearance

for herself

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

for himself

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

for himself and ten other non-union employees

Robert PritchardSelf-represented
1 appearance

for Hi-Way Hydraulics

Ira PetersCounsel
1 appearance
Nazar ChahalCounsel
1 appearance

for individual responding parties

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

for Intercon

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

for Janice Brown

Richard OverlandAgent
1 appearance
Janice BrownSelf-represented
1 appearance

for Joan McDougall

Stephen HuffAgent
2 appearances

for Lisa Tiller

Brenna MacNeilCounsel
1 appearance

for Ministry of Labour

L. EisenbergCounsel
1 appearance

for Ontario Nurses' Association

Donna WalrondCounsel
1 appearance
Bev MathersUnion representative
1 appearance

for Professional Personal Ltd.

Alan BrabenderAgent
1 appearance

for Screen Graphic Productions Ltd.

Horst LutzeierAgent
2 appearances

for the applicant

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

for the Applicant

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

for the applicants

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

for the Applicants

H. PeacockCounsel
1 appearance

for the CAW

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

for the employer

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

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

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

for the Individual Applicants

Mark DugasSelf-represented
1 appearance

for the interested party

Bill MadillAgent
1 appearance

for the intervenor

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

for the Intervenor

John BarrackCounsel
1 appearance
Wendy WrightAgent
1 appearance

for the Ministry of Labour

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

for the Ontario Public Service Employees Union

E. OgibowskiUnion representative
1 appearance

for the Ottawa-Carleton Public Employees Union, Local 503

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

for the Ottawa Public Library Board

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

for the respondent

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

for the Respondent

Helen MagnoSelf-represented
1 appearance

for the respondents

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

for the responding parties

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

for the Responding Parties

Wes LaingUnion representative
1 appearance
Bob SmartUnion representative
1 appearance

for the responding party

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

for the Responding Party

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

For the Responding Party

Kate KarnAgent
1 appearance

for the Service Employees International Union Local 204

Karen WalshUnion representative
1 appearance

for the Teamsters Local Union No. 879

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

for the union

Gary HopkinsonUnion representative
1 appearance
Phil QuibellUnion representative
1 appearance

for United Steelworkers of America

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

for Wah-Lung Labels Canada Inc.

Fred KwanAgent
1 appearance

for Wal-Mart Canada Inc.

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

on behalf of St. Leonard’s Society of Brant

Bill SandersonAgent
1 appearance

on behalf of the applicant

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

on behalf of the intervenor

Sharon ChilcottAgent
1 appearance
Todd MartinAgent
1 appearance

on behalf of the Ministry of Labour

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

on behalf of the responding party

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

on behalf of Workplace Safety and Insurance Board

Elizabeth KosmidisAgent
1 appearance

on her own behalf

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

on his own behalf

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

883

Decisions

Years active

Tribunals

3.7

cases/mo

OLRB756(86%)

OPEHT127(14%)

Decision types

motion

721

trial

111

appeal

/Adjudicator

Patrick Kelly — Vice-Chair

Patrick Kelly

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

OPEHT OLRB

883

cases · 21 yrs · OLRB, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

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

Patrick Kelly

OLRBOntario Labour Relations BoardOct 23, 2000

Storesperson classification placed in service bargaining unit; single collective agreement confirmed for paramedical unit.

The Board determined the placement of the storesperson classification in the service bargaining unit rather than the office/clerical unit, noting the significant physical component of the job duties.

Peterborough Regional Health Centre v. Canadian Union of Operating Engineers and its Local 101, 2000 CanLII 7410

W. White

John Donofrio

J. Jansen

Jeff Mitchell

3 cases2000–2023

B. Reith

B. Chercover

19 cases1980–2000

Patrick Kelly

OLRBOntario Labour Relations BoardOct 18, 2000

Duty of fair representation complaint dismissed as employer fully implemented the grievance settlement.

The applicant filed a complaint alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act regarding the implementation of a grievance settlement.

The applicant claimed the union failed to support him when the employer initially assigned him a mathematics course instead of a business course, and when he had concerns about his sick bank credits.

The Board dismissed the application, finding that the employer had rectified the course assignment issue immediately and had properly credited the sick days as required by the settlement.

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

Perry Zolis v. Ontario Secondary School Teachers’ Federation District 12 and Ontario Secondary School Teachers’ Federation, 2000 CanLII 2815

Patrick Kelly

J. A. Ronson

D. A. Patterson

OLRBOntario Labour Relations BoardOct 18, 2000

Board issues consent declarations regarding successor employer status and bargaining rights following a sale of business.

The applicant union brought an application under section 69 of the Labour Relations Act, 1995.

The parties entered into a Memorandum of Agreement settling all outstanding issues.

The Board issued declarations on consent, finding that a sale of business had taken place and that the Regional Municipality of Waterloo was the successor employer.

The Board defined the appropriate bargaining unit, declared the applicant as the bargaining agent, and terminated the bargaining rights of the responding union.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and is Local 4304 v. Regional Municipality of Waterloo, 2000 CanLII 1299

Patrick Kelly

Complaint regarding excessive campaigning dismissed; representation vote results upheld and bargaining agents appointed.

CUPE filed an unfair labour practice complaint alleging that SEIU breached a campaign protocol leading up to representation votes at the Niagara Health System.

The Board agreed, finding that even if SEIU engaged in excessive campaigning as alleged, it would not have prevented the secret ballot vote from reflecting the employees' true wishes.

The complaint was dismissed, and the Board appointed SEIU and OPSEU as bargaining agents for their respective successful units.

Service Employees’ International Union, Local 204 v. Niagara Health System, 2000 CanLII 8738

Patrick Kelly

Unfair labour practice complaint regarding excessive campaigning dismissed; SEIU appointed as bargaining agent following representation votes.

SEIU brought a preliminary motion to dismiss the complaint without a hearing.

The Board appointed SEIU as the bargaining agent for the service and office/clerical bargaining units, as it had received a majority of the ballots cast.

Service Employees’ International Union, Local 204 v. Niagara Health System, 2000 CanLII 7108

Patrick Kelly

OLRBOntario Labour Relations BoardOct 16, 2000

Union's certification and unfair labour practice applications withdrawn with a one-year bar imposed.

The applicant union requested to withdraw its applications for certification and an unfair labour practice.

Brotherhood of Maintenance of Way Employees v. CLN Industries Inc., 2000 CanLII 7215

Patrick Kelly

Licence Surrendered - Retired5 cases2000–2001

Request for reconsideration dismissed; alleged voting irregularities did not warrant a hearing given overwhelming vote results.

The intervenor union requested reconsideration of a Board decision issuing certificates to the applicant union following displacement applications for certification.

The intervenor argued the Board violated natural justice by refusing to hold a hearing into alleged voting irregularities and the applicant's conduct.

The Board affirmed its discretion under section 8(8) of the Labour Relations Act, 1995 to determine when a hearing is necessary.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Grand River Hospital Corporation, 2000 CanLII 10973

Mircho Mirchev

Patrick Kelly

Employer appeal dismissed; withholding wages for alleged theft without statutory exemption violates Employment Standards Act.

The applicant employer appealed an Order to Pay issued by an Employment Standards Officer for unpaid wages owed to the responding party employee.

The employer admitted to withholding the wages, alleging the employee had taken cash from product sales, but conceded that none of the statutory exemptions permitting set-off applied.

1384112 Ontario Limited o/a Roseglen Weight Loss & Wellness of Canada v. Lisa Hoy and Ministry of Labour, 2000 CanLII 2044

Patrick Kelly

OLRBOntario Labour Relations BoardOct 11, 2000

Reprisal complaint dismissed as applicant's acceptance of grievance settlement constituted an election of forum.

The applicant filed a reprisal complaint under the Occupational Health and Safety Act and a duty of fair representation complaint under the Labour Relations Act against her union and employer.

During the hearing, the parties agreed that the applicant's underlying grievances had been settled.

The employer argued that the settlement resolved the reprisal complaint, while the applicant sought to proceed.

The Board held that by accepting the settlement of her grievances, the applicant made an election under section 50(2) of the OHSA, barring her from proceeding with the reprisal complaint.

The Board also exercised its discretion not to inquire further, as the factual allegations and relief sought were substantially similar to the settled grievances.

The reprisal complaint was dismissed, and the duty of fair representation complaint was withdrawn with leave.

Cheryl Sweiger v. Toronto Transit Commission, 2000 CanLII 12564

Patrick Kelly

Applications withdrawn at the request of the applicant.

The applicant requested to withdraw its applications via correspondence.

The Ontario Labour Relations Board acknowledged the request and marked the applications as withdrawn.

Provincial Papers Inc. v. Communications Energy and Paperworkers’ Union Local 279, 2000 CanLII 8132

Patrick Kelly

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

The applicant requested an adjournment of the applications.

Teamsters Local Union 983 v. Mackie Moving Systems Corporation, 2000 CanLII 4043

Patrick Kelly

J. A. Rundle

D. A. Patterson

Union certification granted following a successful representation vote in a displacement application.

The applicant union filed a displacement application for certification.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, the parties agreed there were no remaining issues in dispute.

The Ontario Labour Relations Board ordered that a certificate issue to the applicant for the agreed-upon bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Bowlero Limited, 2000 CanLII 8199

Patrick Kelly

Time for filing applicant's statement of material facts extended to October 10, 2000.

The applicant requested an extension of time to file a statement of material facts.

The Ontario Labour Relations Board granted the request, extending the deadline to October 10, 2000, and confirmed all other aspects of its previous decision.

Krishna R. Nankissoor v. O.S.S.T.F. District 12, 2000 CanLII 8082

Patrick Kelly

Extension of time to file statement of material facts granted.

The applicant requested an extension of time to file a statement of material facts.

The Ontario Labour Relations Board granted the request, extending the deadline to October 10, 2000, and confirmed all other aspects of its previous decision.

Krishna R. Nankissoor v. O.S.S.T.F. District 12, 2000 CanLII 7512

Patrick Kelly

J. A. Ronson

H. Peacock

Union certified as bargaining agent after winning representation vote, despite intervenor's objection to ballot name.

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

A representation vote was held, and more than fifty percent of the ballots were cast in favour of the applicant.

The intervenor objected to the form of the applicant's name on the ballot, but the Board found the objection would not change the result.

The Board issued a final decision without a hearing, certifying the applicant as the bargaining agent for the agreed-upon bargaining unit.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Aradco Management Limited, 2000 CanLII 9858

Patrick Kelly

J. A. Ronson

H. Peacock

Union certified after winning representation vote among employees at Cornwall facility.

The applicant union applied for certification as the bargaining agent for a unit of employees at the responding party's Cornwall location.

A certificate was ordered to issue.

United Food and Commercial Workers International Union Local 175 v. Prince Foods Inc., 2000 CanLII 9839

R. R. Montague

Patrick Kelly

J. A. Ronson

Unopposed application for declaration of successor union rights granted.

The application was unopposed.

The Board granted the declaration based on the materials filed.

Service Employees International Union, Local 204 v. Service Employees International Union Local, 478, 2000 CanLII 9769

Patrick Kelly

J. A. Ronson

H. Peacock

Union certification application dismissed after failing to secure majority support in representation vote.

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

A mandatory one-year bar on subsequent certification applications by the applicant for the same bargaining unit was imposed.

Teamsters Local Union No. 419 v. Michelin North America (Canada) Inc., 2000 CanLII 9150

Patrick Kelly

J. A. Ronson

H. Peacock

Union certification application dismissed after failing to secure majority support in representation vote.

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

A representation vote was held, and not more than fifty per cent of the ballots cast were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for this bargaining unit.

National Automobile, Aerospace Transportation and General Workers’ Union of Canada (CAW-Canada) v. Hunter Drums Limited, 2000 CanLII 7621

Patrick Kelly

J. A. Ronson

D. A. Patterson