Patrick Kelly

Board directs representation vote after finding union membership threshold met in certification application.

The applicant trade union filed an application for certification to represent a bargaining unit of employees at the responding party's Brantford location.

Finding that the applicant is a trade union and that the parties agreed on the appropriate bargaining unit, the Board determined that at least forty percent of the individuals in the proposed unit were members of the union.

The Board directed that a representation vote be taken among the eligible employees.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Delhi Industries Inc., 2000 CanLII 9091

Patrick Kelly

Extension of time granted for filing applicant's submissions.

The Ontario Labour Relations Board granted the applicant's request for an extension of time to file submissions, extending the deadline to September 12, 2000.

Ontario Public Service Employees Union v. The Corporation of the County of Brant, 2000 CanLII 8101

Patrick Kelly

Representation vote directed in certification application after union established sufficient membership support.

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

The responding party disputed the proposed bargaining unit and the estimated number of employees, giving notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the applicant's proposed bargaining unit could be appropriate and that the applicant established sufficient membership support.

The Board directed that a representation vote be taken.

United Steelworkers of America v. Concord Elevator Inc., 2000 CanLII 6536

Patrick Kelly

Representation vote ordered in displacement application for certification despite intervenor's objections to membership evidence.

The applicant trade union filed a displacement application for certification.

The intervenor union objected to the ordering of a representation vote, challenging the applicant's membership evidence.

The Board found the intervenor's objections lacked explanation and were not pertinent to determining the level of membership support under section 8(3) of the Labour Relations Act, 1995.

The Board found the applicant established sufficient membership support and ordered a representation vote to be held on the fifth day following the application filing date, dismissing the responding party's request for a delay due to an allegedly defective notice.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Charlotte Villa Retirement Home, 2000 CanLII 2395

Board finds two distinct bargaining units exist for full-time and part-time employees in displacement application.

In a displacement application for certification, the applicant union sought to represent employees in a single bargaining unit combining full-time and part-time employees.

The responding employer and intervenor union argued that two distinct bargaining units existed.

The Board reviewed the collective agreement and its administration, noting two distinct recognition clauses and separate seniority provisions.

The Board concluded that there were two separate bargaining units and directed the parties to file written submissions on the applicant's alternative positions.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. OPTIONS, Northwest, 2000 CanLII 12567

Stephen Mason

20 cases1986–2005

Patrick Kelly

OLRBOntario Labour Relations BoardSep 6, 2000

Non-emergency medical transport paramedics are exempt from overtime pay as ambulance drivers.

The employer applied for a review of an Order to Pay overtime to its employees, who operated non-emergency medical transport vehicles.

The employer argued the employees were exempt from overtime pay under the Employment Standards Act as ambulance drivers or helpers.

The Ministry of Labour contended the vehicles did not meet the definition of an ambulance under the Ambulance Act.

The Board found that the Ambulance Act definition was not determinative and that the employer's vehicles and services were sufficiently similar to ambulance services, with unpredictable scheduling.

The Board concluded the employees were exempt ambulance drivers and helpers, allowed the application, and rescinded the Order to Pay.

Direct Care Patient Transfer Inc. v. Clarke, 2000 CanLII 12519

Heidi Ann Lazar-Meyn

15 cases2000–2000

Patrick Kelly

Employer's application for review dismissed; employee entitled to unpaid wages and vacation pay.

The applicant employer sought a review of an Order to Pay issued by an Employment Standards Officer for unpaid wages and vacation pay owed to a terminated employee.

The employer argued that the employee's hourly wage included vacation pay and that a final cheque covered both termination pay and unpaid wages.

The Ontario Labour Relations Board dismissed the application, finding no evidence of an agreement to include vacation pay in the hourly rate, no discrete calculation of vacation pay as required by the Employment Standards Act, and no evidence that the final cheque was for anything other than termination pay.

The employer was ordered to pay the outstanding amounts.

Success Driver Training Inc. v. Brown, 2000 CanLII 13537

Patrick Kelly

Duty of fair representation applicant directed to file material facts before Board considers dismissal request.

The applicant filed an application under section 74 of the Labour Relations Act, 1995, alleging a breach of the duty of fair representation.

The responding union requested that the application be dismissed without a hearing under Rule 46 of the Board's Rules of Procedure, arguing that no prima facie case was pleaded.

The Board found the application sparse in material facts, noting the applicant appeared more dissatisfied with the collective agreement's pension provisions than the union's representation.

The Board directed the applicant to provide a written statement of material facts before deciding whether to dismiss the application or set it down for consultation.

Roland Greve v. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128, 2000 CanLII 11766

Patrick Kelly

OLRBOntario Labour Relations BoardAug 28, 2000

Application withdrawn at the request of the applicant.

The applicant requested to withdraw the matter.

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

Dave Lessard v. Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880, 2000 CanLII 10611

Patrick Kelly

OLRBOntario Labour Relations BoardAug 22, 2000

Board deferred SEIU's requests for unfair labour practice orders and reconsideration until after representation votes.

The Service Employees' International Union, Local 204 (SEIU) requested orders regarding alleged unfair labour practices by the Canadian Union of Public Employees and sought reconsideration of an earlier board decision concerning the inclusion of a position in the service bargaining unit.

The Ontario Labour Relations Board declined to grant the requests at this time, directing that the matters be raised with the panel scheduled to hear the applications after the taking of the representation votes.

Service Employees’ International Union, Local 204 v. Niagara Health System, 2000 CanLII 6978

Patrick Kelly

Request for reconsideration of duty of fair representation dismissal denied due to unexplained delay.

The applicant requested reconsideration of a May 29, 2000 decision dismissing his duty of fair representation application under section 74 of the Labour Relations Act, 1995.

The request was filed beyond the 20-day time limit set out in Rule 96 of the Board's Rules of Procedure, and the applicant provided no explanation for the delay.

Furthermore, the request merely repeated previous allegations and raised new allegations without explaining why they could not have been raised earlier.

The Board denied the request for reconsideration.

William Kenneth Mayer v. C.A.W. Local 112, 2000 CanLII 12189

Patrick Kelly

OLRBUnanimous0 cases1980–2001

J. A. Ronson

H. Peacock

Application withdrawn on agreement of the parties.

The applicant union and the responding employer reached an agreement.

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

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) & its Local 1256 v. Polywheels Manufacturing Ltd., 2000 CanLII 7765

Patrick Kelly

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardAug 17, 2000

Adjournment request denied; counsel's scheduling conflict insufficient to delay multi-party hearing.

The responding party, Patricia Region Senior Services Inc., requested an adjournment of a scheduled hearing due to its counsel's scheduling conflict with another Board matter.

Several parties opposed the request.

The Ontario Labour Relations Board dismissed the adjournment request, finding that a scheduling conflict for a hearing several weeks away was not a sufficiently compelling reason to delay the proceedings, especially given the multiple parties involved whose counsel might face similar conflicts if the hearing were rescheduled.

Communications, Energy and Paperworkers Union of Canada v. Patricia Region Senior Services Inc., 2000 CanLII 12734

Patrick Kelly

Board orders production of collective bargaining notes relating to recognition clause in certification application.

In a certification application, the applicant sought production of documents and particulars from the responding party and the intervenor.

The Board declined to provide notice of the proceeding to other bargaining agents and unrepresented employees, as their interests would not be directly affected.

The Board ordered the intervenor and the company to produce collective bargaining notes and proposals relating to the recognition clause, finding them arguably relevant to determining the identity of the employer.

The Board also directed a Labour Relations Officer to consult with the parties regarding an agreed statement of facts.

Teamsters Local Union No. 879 v. Dufferin Custom Concrete Group c.o.b. as Peninsula Niagara Ready Mix, 2000 CanLII 13482

Patrick Kelly

Applicant directed to provide submissions on whether the responding association is a trade union.

The applicant filed an application alleging a violation of the duty of fair representation under section 74 of the Labour Relations Act, 1995.

The responding party, Maksteele Workers Association Committee, contended it was not a trade union but a voluntary organization of employees, and thus not subject to the duty.

The Board noted that the policies and procedures document filed by the applicant did not appear to be a collective agreement and did not establish the Association as a trade union.

The Board directed the applicant to provide submissions on the Association's status before deciding whether to dismiss the application or proceed to a consultation.

Paul Bolt v. Maksteele Workers Association Committee and Maksteele Inc., 2000 CanLII 12401

Patrick Kelly

Duty of fair representation complaint dismissed as premature because the union was still actively pursuing the issues.

The applicants filed a complaint alleging that the union breached section 74 of the Labour Relations Act, 1995 by failing to file a grievance regarding the elimination of job classifications following a restaurant closure.

The Board found the application premature, noting that the union had been actively meeting with the employer and the employees to address the concerns and had sent a detailed letter to the employer demanding action.

The application was dismissed without prejudice to filing a fresh application if further material allegations emerged.

Mulu Tafesse Jalle et al. v. Hotel Employees Restaurant Employees Union, Local 75, 2000 CanLII 1204

Patrick Kelly

Hearing adjourned at the request of the applicant union.

The applicant union requested an adjournment of the hearing scheduled for August 10, 2000.

The Ontario Labour Relations Board granted the adjournment and directed the Registrar to schedule a new hearing date in consultation with the parties.

United Food and Commercial Workers International Union, Local 1190 v. Maple Leaf Meats Inc., 2000 CanLII 13493

Patrick Kelly

Duty of fair representation application dismissed; union did not coerce applicant into signing settlement.

The applicant filed an application alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act.

The applicant claimed he signed minutes of settlement under duress due to a personal crisis and coercion from the mediator and the union.

The Board dismissed the application, finding that the union did not cause the duress and that the union's actions during settlement discussions did not amount to coercion.

The applicant failed to establish material allegations that would support a finding of a violation.

Keith Charles Vey v. Canadian Union of Public Employees (C.U.P.E.), 2000 CanLII 12089

Patrick Kelly

Requests for reconsideration of representation vote date and proxy voting denied.

Several non-union employees requested reconsideration of the Board's decisions setting the date for representation votes and determining voting constituencies under the Public Sector Labour Relations Transition Act, 1997.

One employee also requested to vote by proxy due to a scheduled vacation.

The Board dismissed the requests, confirming the vote date and constituencies, and noting that the Act does not permit proxy voting.

Service Employees' International Union, Local 204 v. Niagara Health System, 2000 CanLII 12066

Patrick Kelly

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardAug 11, 2000

Board declined to postpone certification following successful representation vote by displacing union.

The applicant union applied for certification to displace the intervenor union.

Following a representation vote where more than 50 percent of the ballots were cast in favour of the applicant, the intervenor requested that the Board postpone issuing a certificate pending the outcome of a contempt application and proceedings under the Canadian Labour Congress constitution.

The Board dismissed the request, finding no valid reason to delay and noting that section 10 of the Labour Relations Act, 1995 requires the Board to certify the applicant when it wins the representation vote.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Maplewood Nursing Home Limited o/a Cedarwood Village, 2000 CanLII 13009

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

Employment and Labour Law

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

Board directs representation vote after finding union membership threshold met in certification application.

The applicant trade union filed an application for certification to represent a bargaining unit of employees at the responding party's Brantford location.

The Board directed that a representation vote be taken among the eligible employees.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Delhi Industries Inc., 2000 CanLII 9091

Patrick Kelly

Extension of time granted for filing applicant's submissions.

The Ontario Labour Relations Board granted the applicant's request for an extension of time to file submissions, extending the deadline to September 12, 2000.

Ontario Public Service Employees Union v. The Corporation of the County of Brant, 2000 CanLII 8101

Patrick Kelly

Representation vote directed in certification application after union established sufficient membership support.

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

The responding party disputed the proposed bargaining unit and the estimated number of employees, giving notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the applicant's proposed bargaining unit could be appropriate and that the applicant established sufficient membership support.

The Board directed that a representation vote be taken.

United Steelworkers of America v. Concord Elevator Inc., 2000 CanLII 6536

Patrick Kelly

Licence Surrendered - Administrative Surrender of Licence6 cases1995–2001

Representation vote ordered in displacement application for certification despite intervenor's objections to membership evidence.

The applicant trade union filed a displacement application for certification.

The intervenor union objected to the ordering of a representation vote, challenging the applicant's membership evidence.

The Board found the intervenor's objections lacked explanation and were not pertinent to determining the level of membership support under section 8(3) of the Labour Relations Act, 1995.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Charlotte Villa Retirement Home, 2000 CanLII 2395

Nini Jones

23 cases2000–2025

Jim Paré

3 cases2000–2000

James Nyman

10 cases1983–2012

G. L. Firman

3 cases1990–2000

Catherine Gilbert

Carolyn Kraft

1 case2000–2000

Bernie Travis

1 case2000–2000

Barbara Rankin

2 cases2000–2001

Andy Savela

1 case2000–2000

Patrick Kelly

OLRBUnanimous (Wrote the reasons)0 cases1999–2019

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardSep 6, 2000

Board finds two distinct bargaining units exist for full-time and part-time employees in displacement application.

In a displacement application for certification, the applicant union sought to represent employees in a single bargaining unit combining full-time and part-time employees.

The responding employer and intervenor union argued that two distinct bargaining units existed.

The Board reviewed the collective agreement and its administration, noting two distinct recognition clauses and separate seniority provisions.

The Board concluded that there were two separate bargaining units and directed the parties to file written submissions on the applicant's alternative positions.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. OPTIONS, Northwest, 2000 CanLII 12567

Stephen Mason

20 cases1986–2005

Patrick Kelly

OLRBOntario Labour Relations BoardSep 6, 2000

Non-emergency medical transport paramedics are exempt from overtime pay as ambulance drivers.

The employer applied for a review of an Order to Pay overtime to its employees, who operated non-emergency medical transport vehicles.

The employer argued the employees were exempt from overtime pay under the Employment Standards Act as ambulance drivers or helpers.

The Ministry of Labour contended the vehicles did not meet the definition of an ambulance under the Ambulance Act.

The Board found that the Ambulance Act definition was not determinative and that the employer's vehicles and services were sufficiently similar to ambulance services, with unpredictable scheduling.

The Board concluded the employees were exempt ambulance drivers and helpers, allowed the application, and rescinded the Order to Pay.

Direct Care Patient Transfer Inc. v. Clarke, 2000 CanLII 12519

Heidi Ann Lazar-Meyn

15 cases2000–2000

Patrick Kelly

Employer's application for review dismissed; employee entitled to unpaid wages and vacation pay.

The applicant employer sought a review of an Order to Pay issued by an Employment Standards Officer for unpaid wages and vacation pay owed to a terminated employee.

The employer argued that the employee's hourly wage included vacation pay and that a final cheque covered both termination pay and unpaid wages.

The employer was ordered to pay the outstanding amounts.

Success Driver Training Inc. v. Brown, 2000 CanLII 13537

Patrick Kelly

Duty of fair representation applicant directed to file material facts before Board considers dismissal request.

The applicant filed an application under section 74 of the Labour Relations Act, 1995, alleging a breach of the duty of fair representation.

The responding union requested that the application be dismissed without a hearing under Rule 46 of the Board's Rules of Procedure, arguing that no prima facie case was pleaded.

The Board found the application sparse in material facts, noting the applicant appeared more dissatisfied with the collective agreement's pension provisions than the union's representation.

The Board directed the applicant to provide a written statement of material facts before deciding whether to dismiss the application or set it down for consultation.

Roland Greve v. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128, 2000 CanLII 11766

Patrick Kelly

OLRBOntario Labour Relations BoardAug 28, 2000

Application withdrawn at the request of the applicant.

The applicant requested to withdraw the matter.

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

Dave Lessard v. Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880, 2000 CanLII 10611

Patrick Kelly

OLRBOntario Labour Relations BoardAug 22, 2000

Board deferred SEIU's requests for unfair labour practice orders and reconsideration until after representation votes.

Service Employees’ International Union, Local 204 v. Niagara Health System, 2000 CanLII 6978

Patrick Kelly

Request for reconsideration of duty of fair representation dismissal denied due to unexplained delay.

The applicant requested reconsideration of a May 29, 2000 decision dismissing his duty of fair representation application under section 74 of the Labour Relations Act, 1995.

The request was filed beyond the 20-day time limit set out in Rule 96 of the Board's Rules of Procedure, and the applicant provided no explanation for the delay.

Furthermore, the request merely repeated previous allegations and raised new allegations without explaining why they could not have been raised earlier.

The Board denied the request for reconsideration.

William Kenneth Mayer v. C.A.W. Local 112, 2000 CanLII 12189

Patrick Kelly

OLRBUnanimous0 cases1980–2001

J. A. Ronson

H. Peacock

Application withdrawn on agreement of the parties.

The applicant union and the responding employer reached an agreement.

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

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) & its Local 1256 v. Polywheels Manufacturing Ltd., 2000 CanLII 7765

Patrick Kelly

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardAug 17, 2000

Adjournment request denied; counsel's scheduling conflict insufficient to delay multi-party hearing.

The responding party, Patricia Region Senior Services Inc., requested an adjournment of a scheduled hearing due to its counsel's scheduling conflict with another Board matter.

Several parties opposed the request.

Communications, Energy and Paperworkers Union of Canada v. Patricia Region Senior Services Inc., 2000 CanLII 12734

Patrick Kelly

Board orders production of collective bargaining notes relating to recognition clause in certification application.

In a certification application, the applicant sought production of documents and particulars from the responding party and the intervenor.

The Board declined to provide notice of the proceeding to other bargaining agents and unrepresented employees, as their interests would not be directly affected.

The Board also directed a Labour Relations Officer to consult with the parties regarding an agreed statement of facts.

Teamsters Local Union No. 879 v. Dufferin Custom Concrete Group c.o.b. as Peninsula Niagara Ready Mix, 2000 CanLII 13482

Patrick Kelly

Applicant directed to provide submissions on whether the responding association is a trade union.

The applicant filed an application alleging a violation of the duty of fair representation under section 74 of the Labour Relations Act, 1995.

The responding party, Maksteele Workers Association Committee, contended it was not a trade union but a voluntary organization of employees, and thus not subject to the duty.

The Board noted that the policies and procedures document filed by the applicant did not appear to be a collective agreement and did not establish the Association as a trade union.

The Board directed the applicant to provide submissions on the Association's status before deciding whether to dismiss the application or proceed to a consultation.

Paul Bolt v. Maksteele Workers Association Committee and Maksteele Inc., 2000 CanLII 12401

Patrick Kelly

Duty of fair representation complaint dismissed as premature because the union was still actively pursuing the issues.

The application was dismissed without prejudice to filing a fresh application if further material allegations emerged.

Mulu Tafesse Jalle et al. v. Hotel Employees Restaurant Employees Union, Local 75, 2000 CanLII 1204

Patrick Kelly

Hearing adjourned at the request of the applicant union.

The applicant union requested an adjournment of the hearing scheduled for August 10, 2000.

The Ontario Labour Relations Board granted the adjournment and directed the Registrar to schedule a new hearing date in consultation with the parties.

United Food and Commercial Workers International Union, Local 1190 v. Maple Leaf Meats Inc., 2000 CanLII 13493

Patrick Kelly

Duty of fair representation application dismissed; union did not coerce applicant into signing settlement.

The applicant filed an application alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act.

The applicant claimed he signed minutes of settlement under duress due to a personal crisis and coercion from the mediator and the union.

The Board dismissed the application, finding that the union did not cause the duress and that the union's actions during settlement discussions did not amount to coercion.

The applicant failed to establish material allegations that would support a finding of a violation.

Keith Charles Vey v. Canadian Union of Public Employees (C.U.P.E.), 2000 CanLII 12089

Patrick Kelly

Requests for reconsideration of representation vote date and proxy voting denied.

One employee also requested to vote by proxy due to a scheduled vacation.

The Board dismissed the requests, confirming the vote date and constituencies, and noting that the Act does not permit proxy voting.

Service Employees' International Union, Local 204 v. Niagara Health System, 2000 CanLII 12066

Patrick Kelly

J. A. Rundle

H. Peacock