Robert Herman

Robert Herman

R. M. Sloan

OLRBOntario Labour Relations BoardJun 30, 1988

Interim certificate issued pending determination of whether seven drivers are dependent contractors.

The applicant union applied for certification.

The parties agreed on the bargaining unit description but disputed whether seven drivers were employees or independent contractors.

The Board appointed a Board Officer to inquire into the status of the drivers.

As the union had sufficient membership support regardless of the drivers' status, the Board issued an interim certificate under section 6(2) of the Labour Relations Act, reserving the final certificate until the bargaining unit composition was resolved.

Retail, Wholesale and Department Store Union, AFL:CIO:CLC: v. 502858 Ontario Limited, 1988 CanLII 3659

Robert Herman

J. A. Rundle

C. A. Ballentine

OLRBOntario Labour Relations BoardJun 1, 1988

Request for reconsideration to provide written reasons for oral rulings denied as rulings did not affect outcome.

The complainant requested reconsideration of a prior decision, asking the Board to provide written reasons for oral rulings made during the hearing.

The Board denied the request, noting that the rulings had no bearing on the final decision, which ultimately found in the complainant's favour regarding the respondent's breach of the Labour Relations Act.

Providing written reasons would serve no purpose.

Local 27, United Brotherhood of Carpenters and Joiners of America v. Local 183, Labourers International Union of North America, 1988 CanLII 3663

Robert Reid

9 cases1980–1999

Bernard Fishbein

79 cases1982–2011

Robert Herman

OLRBOntario Labour Relations BoardApr 25, 1988

Union breached duty of fair referral by arbitrarily bypassing established hiring hall list without considering alternatives.

The complainant alleged that the respondent union breached section 69 of the Labour Relations Act by acting arbitrarily in its administration of the hiring hall referral list.

The union's area steward bypassed the complainant, who was third on the list, and referred two other members to a short-term job because they lived closer to the site and could monitor it for non-union labour.

The Board found that while the steward acted without malice, his failure to even consider whether following the established list would have satisfied his concerns constituted arbitrary conduct.

The Board ruled that the union breached section 69.

Michael Alfred Jones v. International Association of Heat and Frost Insulators and Asbestos Workers Union Local 95, 1988 CanLII 3765

Luis Camara

4 cases1988–1992

David McKee

85 cases1980–2000

C. M. Mitchell

38 cases1980–1999

W. N. Fraser

OLRBUnanimous0 cases1988–2000

Robert Herman

C. A. Ballentine

OLRBOntario Labour Relations BoardMar 28, 1988

Secondary picketing to force union recognition by related employers violates the Labour Relations Act.

The complainant union alleged that the respondent union engaged in an unlawful strike and secondary picketing by picketing a construction site where the primary employer was not present.

The respondent union argued the picketed companies were functionally integrated with the primary employer.

The Board found the picketing was impermissible because its true purpose was to pressure the neutral employers into recognizing the union and signing collective agreements containing a 'no subcontracting' clause.

However, the Board declined to void the resulting collective agreements, noting the employers had voluntarily adopted them and the complainant's representational rights were not affected.

A declaration of unlawful picketing was issued.

Local 27, United Brotherhood of Carpenters and Joiners of America v. Local 183, Labourers International Union of North America, 1988 CanLII 3739

Russel W. Zinn

5 cases1985–2007

Robert Herman

OLRBUnanimous0 cases1981–1996

H. Kobryn

D. A. MacDonald

OLRBUnanimous0 cases1982–1994

OLRBOntario Labour Relations BoardJan 13, 1988

Corporate officers held personally liable for unfair labour practices including failure to remit union dues.

The union filed an unfair labour practice complaint against the corporate employer and its two directing minds, alleging breaches of the Labour Relations Act for refusing to pay previously ordered compensation and refusing to deduct and remit union dues.

The Board found that both the corporation and the individual respondents breached sections 64, 66, and 70 of the Act.

The Board held that individual officers can be held personally liable under these sections.

However, due to the union's significant delay in bringing the complaint regarding the 1985 compensation negotiations, the Board declined to order a remedy for those breaches.

The Board did find the respondents liable for the recent failure to deduct and remit union dues and scheduled a hearing to determine the appropriate remedy.

United Brotherhood of Carpenters and Joiners of America, Local 1030 v. Nepean Roof Truss Limited, 1988 CanLII 3641

R. R. Montague

Robert Herman

OLRBUnanimous0 cases1986–1994

G. O. Shamanski

OLRBOntario Labour Relations BoardDec 24, 1987

Application to determine employee status adjourned sine die because the individual was terminated before filing.

The applicant union filed an application under section 106(2) of the Labour Relations Act to determine the employee status of an individual.

The respondent employer objected to the appointment of a Board Officer on the basis that the individual had been terminated for alleged theft prior to the filing of the application.

The Board held that since the individual was not employed by the respondent at the time the application was filed, there was no current question as to whether the person was an employee.

The Board cancelled the Board Officer's appointment and adjourned the matter sine die for one year, pending the resolution of the individual's employment status through adjudication or negotiation.

United Food and Commercial Workers International Union, AFL:CIO-:CLC v. Royal Mattress Limited, 1987 CanLII 3158

Robert Herman

R. M. Sloan

OLRBUnanimous0 cases1986–1997

J. Redshaw

OLRBOntario Labour Relations BoardDec 2, 1987

Union granted access to remote camp for organizing; Board refused to restrict access to days when competing union absent.

The applicant union applied under section 11 of the Labour Relations Act for access to the respondent employer's remote road construction camp for organizing purposes.

The application against one respondent was withdrawn.

The remaining parties agreed on terms for access, but the employer requested an additional restriction to prevent the applicant from accessing the site on the same days as a competing union to avoid conflicts over the use of the single mess hall.

The Board declined to impose the restriction, finding it would unfairly disadvantage the applicant and that employees could handle being approached by competing organizers.

Access was directed on the agreed terms.

Labourers' International Union of North America, Local 607 v. Ledcor Industries Ltd. and Castonguay Blasting Ltd., 1987 CanLII 3149

Roger Marentette

1 case1987–1987

W. Gibson

OLRBUnanimous0 cases1980–1990

Robert Herman

OLRBUnanimous (Wrote the reasons)0 cases1987–1999

E. G. Theobald

OLRBUnanimous0 cases1983–1995

OLRBOntario Labour Relations BoardNov 23, 1987

Minister has authority to appoint conciliation officer based on voluntary recognition, regardless of prior bargaining meetings.

The Minister of Labour referred a question to the Ontario Labour Relations Board regarding his authority to appoint a conciliation officer.

The employer objected to the appointment, arguing that while it had granted voluntary recognition, no collective agreement had been entered into and the parties had not yet met to bargain as required by section 15 of the Labour Relations Act.

The Board held that under section 16 of the Act, the Minister has the authority to appoint a conciliation officer based on the voluntary recognition agreement alone, regardless of whether a collective agreement was subsequently reached or whether the parties had met face-to-face to bargain.

Countryside Farms Limited v. International Union of Operating Engineers, Local 793, 1987 CanLII 3125

for all respondents

John MarchildonCounsel
1 appearance
A. M. MinskyCounsel
1 appearance

for A & P

Christine MacDonaldCounsel
1 appearance
Derek L. RogersCounsel
1 appearance
John PeardonCounsel
1 appearance

for Associated Contracting Inc. et al.

Walter ThorntonCounsel
2 appearances
Tony CapobiancoAgent
1 appearance
Tony CapobiancoCounsel
1 appearance

for Atlas Specialty Steels

Bill HeathAgent
1 appearance
D. McKeownAgent
1 appearance
S. ShamieCounsel
1 appearance

for Attorney General of Ontario

Ariane SiegelCounsel
1 appearance

for Carpenters Local 494

David McKeeCounsel
1 appearance
Jim CaronCounsel
1 appearance

for CAW Local 222

Simon ThrelkeldCounsel
1 appearance
Gord VickersCounsel
1 appearance
L. N. GottheilCounsel
1 appearance
Susan CollinsCounsel
1 appearance

for Cement Masons Local 598

Livio BalanzinUnion representative
1 appearance
M. PollockUnion representative
1 appearance

for Centennial Centre of Science and Technology

C. G. RiggsCounsel
1 appearance
Deborah PowellCounsel
1 appearance
Janet GeisbergerCounsel
1 appearance
John O'ReillyCounsel
1 appearance
Peter BirnbaumCounsel
1 appearance

for Charterways Transportation Limited

Bill HeslopCounsel
1 appearance
Don DewarCounsel
1 appearance
Thomas A. StefanikCounsel
1 appearance

for Comstock Canada Ltd.

Denis FlynnCounsel
1 appearance

for Crete Flooring Group Limited

Antonio DisottoAgent
1 appearance

for CUPE

Andre LamoureuxUnion representative
1 appearance
H. ColletteUnion representative
1 appearance
Risa PancerUnion representative
1 appearance

for Delsan Demolition

C. OsborneCounsel
1 appearance
Pina FarraroCounsel
1 appearance

for E. S. Fox

B. RoyalCounsel
1 appearance
W. I. McNaughtonCounsel
1 appearance

for Gord Wilson, Sid Ryan, Ontario Federation of Labour and Canadian Union of Public Employees

Andrea BowkerCounsel
1 appearance
B. SheehanCounsel
1 appearance
Judith McCormackCounsel
1 appearance

for himself

Darrell HunterSelf-represented
1 appearance

for International Brotherhood of Painters and Allied Trades

Frank McCoolCounsel
1 appearance

for intervener, Independent Canadian Steelworkers Union

L. GobbiAgent
1 appearance
Robert ReidAgent
1 appearance

for Ironworkers and Ironworkers Local 700

A. M. MinskyCounsel
1 appearance

for Iron Workers District Council of Ontario and International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786

Gary CarolineCounsel
1 appearance
James LajeunesseCounsel
1 appearance

for Ironworkers, Local 700

G. MichalukCounsel
1 appearance
S.B.D. WahlCounsel
1 appearance

for K.E.W. Steel Fabricators Ltd.

Michael TucsokCounsel
1 appearance
Stephen A. McArthurCounsel
1 appearance

for Labour Council of Metropolitan Toronto and Linda Torney

James HayesCounsel
1 appearance

for Labourers

John MoszynskiCounsel
1 appearance
Nick BarbieriCounsel
1 appearance

for Labourers' International Union of North America, Local 1036

Bill SuppaCounsel
1 appearance
CM. MitchellCounsel
1 appearance

for Labourers' Local 183

John CordeiroCounsel
2 appearances
S.B.D. WahlCounsel
1 appearance

for Labourers' Local 183 and Operating Engineers, Local 793

Steve WahlCounsel
1 appearance

for Labourers, Local 247

George OliveiraCounsel
1 appearance
John MoszynskiCounsel
1 appearance
Tony SousaCounsel
1 appearance
Victor ClaroCounsel
1 appearance

for Labourers Local 506

Antonio CornacchiaUnion representative
1 appearance
Michael MihajlovicUnion representative
1 appearance
Ronald DavisUnion representative
1 appearance

for Labourers' Ontario Provincial District Council

John MoszynskiCounsel
1 appearance
Arthur AdamsCounsel
1 appearance

for La-Z-Boy Canada Limited

J. SpierAgent
1 appearance
P. RusakCounsel
1 appearance

for Local 400 F.W.D.

Chris GroganAgent
1 appearance
Douglas WrayCounsel
1 appearance

for London and District Service Workers' Union, Local 220

B. QuistgaardCounsel
1 appearance
L. SteinbergCounsel
1 appearance
Paul MiddletonCounsel
1 appearance

for Masonry Industry Employers' Council of Ontario

Damian RigoloCounsel
1 appearance

for Millwright District Council of Ontario and its Local 1425

Mike StewartCounsel
1 appearance
Pierre SadikCounsel
1 appearance

for Millwrights, Local 1244

H. MartinakCounsel
1 appearance
N. L. JesinCounsel
1 appearance

for Millwrights, Local 1592

P. FitzgeraldCounsel
1 appearance

for Modern Building Cleaning Inc.

John McMasterCounsel
1 appearance
James G. KnightCounsel
1 appearance
Oliver ZeidlerCounsel
1 appearance

for Ontario Construction Secretariat

Ian McGilpCounsel
1 appearance
Bill JamiesonCounsel
1 appearance
Ian RolandCounsel
1 appearance
Paul WollastonCounsel
1 appearance

for Ontario Sheet Metal Workers Conference

George WardCounsel
1 appearance
J. RasoCounsel
1 appearance

for OPEIU

Karen WattieUnion representative
1 appearance
Christopher WilsonUnion representative
1 appearance
Paul D. ScrimshawUnion representative
1 appearance
Sean FitzpatrickUnion representative
1 appearance

for Operating Engineers, Local 793

Ken LewCounsel
2 appearances
A. SilveiraCounsel
1 appearance
S.B.D. WahlCounsel
1 appearance

for OSSTF

Julia McNallyUnion representative
1 appearance
Pierre CoteUnion representative
1 appearance

for Phoenix Restoration, A Division of Phoenix Gunite Services Limited

Michael BranniganCounsel
1 appearance
Walter ThorntonCounsel
1 appearance
Vince BranniganCounsel
1 appearance

for respondents Electrical Power Systems Construction Association and Ontario Hydro

Guy W. GiornoCounsel
1 appearance
Harvey A. BeresfordCounsel
1 appearance

for respondents, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, and Local 128

Hugh LairdCounsel
1 appearance
J. James NymanCounsel
1 appearance

for Retail, Wholesale and Department Store Union

Eric del JuncoCounsel
1 appearance
Robin McArthurCounsel
1 appearance

for RWDSU

Nick ColemanCounsel
1 appearance
Chris G. PaliareCounsel
1 appearance
John MongerCounsel
1 appearance
Robin McArthurCounsel
1 appearance

for Sheet Metal Conference

I. RasoCounsel
1 appearance

for Sheet Metal Workers' International Association, Local 504

J. RasoCounsel
1 appearance
K. BrownCounsel
1 appearance
Tom WhynottCounsel
1 appearance

for Sheet Metal Workers', Local 397

Tim FentonCounsel
1 appearance

for Terrazzo. Tile and Marble Guild of Ontario Inc.

Bob SanelliCounsel
1 appearance

for the applicant

S. B. D. WahlCounsel
2 appearances
David JackAgent
2 appearances
Craig FloodCounsel
2 appearances
L. A. RichmondCounsel
2 appearances
Douglas J. WrayCounsel
2 appearances
Don EadyCounsel
2 appearances
Lily HarmerCounsel
2 appearances
N. L. JesinCounsel
2 appearances
Karl EllisonAgent
2 appearances
A. LeducCounsel
2 appearances
Elizabeth ForsterCounsel
1 appearance
F. Moti-TrilleCounsel
1 appearance
Franco PepeSelf-represented
1 appearance
Gary BeckerCounsel
1 appearance
Gary WebsterCounsel
1 appearance
George JoyceCounsel
1 appearance
Gerald (Gerry) EllisAgent
1 appearance
Gerry GoyerUnion representative
1 appearance
Gino RussoUnion representative
1 appearance
A. DionisioUnion representative
1 appearance

for the applicant/complainant

Aldo DidomedeUnion representative
1 appearance
Bob GullinsUnion representative
1 appearance
Elizabeth MitchellCounsel
1 appearance
Frank ManoniUnion representative
1 appearance
Paul SimmonsUnion representative
1 appearance
Peter SimmonsUnion representative
1 appearance

for the applicants

Brian G. WhiteheadCounsel
1 appearance
Caroline HartCounsel
1 appearance
Elizabeth MitchellCounsel
1 appearance
J. AlmeidaSelf-represented
1 appearance
James AndrewsCounsel
1 appearance
John MoszynskiCounsel
1 appearance
John RobbinsUnion representative
1 appearance
L. A. RichmondCounsel
1 appearance
Manuel SilvaUnion representative
1 appearance
Tony MorgaCounsel
1 appearance

for the complainant

David HarrisCounsel
1 appearance
Ivan GudeljSelf-represented
1 appearance
M. GorodenskyCounsel
1 appearance
Michael JonesSelf-represented
1 appearance
Robert ReidCounsel
1 appearance

for the complainants

J. MacKinnonCounsel
1 appearance
L. A. RichmondCounsel
1 appearance

for The Corporation of the Town of Ajax

Richard J. CharneyCounsel
1 appearance
Rick ParisottoCounsel
1 appearance
Terry BarnettCounsel
1 appearance

for the Employee objectors

J. SebetovskyCounsel
1 appearance

for the employer

Roger MarentetteCounsel
1 appearance

for the group of employees

Mona AnisCounsel
1 appearance
Rosanne GillardSelf-represented
1 appearance
Sandra MarshallSelf-represented
1 appearance
Sandra McLeodSelf-represented
1 appearance
Yvonne ChryslerSelf-represented
1 appearance

for the International Union of Bricklayers and Allied Craftsmen, and its Locals 7 and 25

Andrew C. LewisCounsel
1 appearance
Donald K. EadyCounsel
1 appearance

for the intervener

E. D. LudlowCounsel
2 appearances
C. G. RiggsCounsel
2 appearances
Brett ChristenCounsel
1 appearance
Bud CalliganCounsel
1 appearance
David BrownCounsel
1 appearance
Harold F. CaleyCounsel
1 appearance
James HayesCounsel
1 appearance
J. Lynn ThomsonCounsel
1 appearance
J. R. WachoskiCounsel
1 appearance
Karen J. WeinsteinCounsel
1 appearance
Michael BlazerCounsel
1 appearance
N. FordCounsel
1 appearance
P. MeladyCounsel
1 appearance
Michael SimonsCounsel
1 appearance
Alex MestresAgent
1 appearance
Bernard FishbeinCounsel
1 appearance
Brenda KopsAgent
1 appearance

for the Intervener

R. WeissUnion representative
1 appearance
Susan PhilpottCounsel
1 appearance

for the intervenor

Brian ShellCounsel
1 appearance
Cynthia PetersenCounsel
1 appearance
Gary GannageCounsel
1 appearance
Gary HopkinsonCounsel
1 appearance
Janet BallantyneCounsel
1 appearance
John MoszynskiCounsel
1 appearance
Marisa PollockCounsel
1 appearance
Mark RowlinsonCounsel
1 appearance
Meenu Sikand-TaylorSelf-represented
1 appearance
Steven BarrettCounsel
1 appearance
Tony CornacchiaCounsel
1 appearance
Tony OrnelasAgent
1 appearance

for the objectors

Myrna LoganCounsel
1 appearance
B. W. AdamsAgent
1 appearance
Paul Jewell, Q.C.Counsel
1 appearance
Roland SimoneauAgent
1 appearance
William CadoretAgent
1 appearance
Tracy ShawAgent
1 appearance
T. J. BilloCounsel
1 appearance
Steve HomenCounsel
1 appearance
Christine KosmackAgent
1 appearance
Donald WhiteAgent
1 appearance
Doris HarperCounsel
1 appearance
G. SaxtonAgent
1 appearance
Jana SebetduskyCounsel
1 appearance

for the Objectors

Leonard M. JonesSelf-represented
1 appearance
Lynda RoperSelf-represented
1 appearance
Michael CainSelf-represented
1 appearance
Ron SonkeSelf-represented
1 appearance
Don McGinnisSelf-represented
1 appearance
Don SpragueSelf-represented
1 appearance
John BarkerSelf-represented
1 appearance

for the Operative Plasterers', Cement Masons' and Restoration Steeplejacks' International Association of the United States and Canada, Local 598

David MathesonCounsel
1 appearance
Livio BalanzinCounsel
1 appearance
James HayesCounsel
1 appearance

for the respondent

Dan Webster Jr.Agent
2 appearances
Mike MeroneAgent
2 appearances
Jack TubmanAgent
2 appearances
W. J. HayterCounsel
2 appearances
Karen BeuchCounsel
1 appearance
Kathy JamiesonAgent
1 appearance
Kees W. KortCounsel
1 appearance
Len BooneAgent
1 appearance
Len KurtCounsel
1 appearance
Len MacleanAgent
1 appearance
Len MacLeanAgent
1 appearance
Leonard RicchettiCounsel
1 appearance
L. R. EllerAgent
1 appearance
Lynn H. HarndenCounsel
1 appearance
L. C. ArnoldCounsel
1 appearance
Andy JensenCounsel
1 appearance
Ben BallAgent
1 appearance
Bill OrrUnion representative
1 appearance
Boyd PollockAgent
1 appearance
Carl HamiltonUnion representative
1 appearance

for the respondent, Guillot Builders Limited

David C. DanielsCounsel
1 appearance
Guy GuillotAgent
1 appearance

for the respondent Local 183

C. M. MitchellCounsel
1 appearance

for the respondents

Bernard FishbeinCounsel
1 appearance
Claude OuelletteSelf-represented
1 appearance
Dawn LairdCounsel
1 appearance
Don GuilbeauhAgent
1 appearance
Don LyonsCounsel
1 appearance
Grant BrooksCounsel
1 appearance
Hubert C. SteenbakkersSelf-represented
1 appearance
Ian AndersonCounsel
1 appearance
James FullerUnion representative
1 appearance
Jim BourneUnion representative
1 appearance
Joe deWitUnion representative
1 appearance
Maurice PotvinAgent
1 appearance
Nancy AustinAgent
1 appearance
Patrick MoranCounsel
1 appearance
Rene SeguinAgent
1 appearance
Ross ArmstrongCounsel
1 appearance
Russel W. ZinnCounsel
1 appearance
Thomas W. G. PrattCounsel
1 appearance

for the respondent Teamsters, Chauffeurs, Warehousemen and Helpers of America

R. BurnsCounsel
1 appearance

for the respondent The Labourers' International Union of North America

G. FlookCounsel
1 appearance

for the respondent Yola Construction Ltd.

J. BukalaAgent
1 appearance
Walter ThorntonCounsel
1 appearance

for the responding employer

Joan RobinsonAgent
1 appearance
John H. E. MiddlebroCounsel
1 appearance
Lloyd WisemanAgent
1 appearance
Sylvia StathamAgent
1 appearance

for the responding parties

Alex TelferAgent
1 appearance
D'Arcy BirdAgent
1 appearance
Howard KaplanAgent
1 appearance
Jamie KnightCounsel
1 appearance
Kristin TaylorCounsel
1 appearance
Michael HoranCounsel
1 appearance

for the responding party

Anna HoadCounsel
1 appearance
Anthony LapostaAgent
1 appearance
Anthony M. SpecialeCounsel
1 appearance
Arthur BaratCounsel
1 appearance
Barry ThomasAgent
1 appearance
Brett ChristenCounsel
1 appearance
Brian GastonAgent
1 appearance
Brian LoewenCounsel
1 appearance
Brian LoewenAgent
1 appearance
D. Brian LoewenCounsel
1 appearance
Doug GrayAgent
1 appearance
Ed FarragherCounsel
1 appearance
Eugene ShapkaAgent
1 appearance
F. ManoniAgent
1 appearance
Gayle FisherAgent
1 appearance
Glenn ChristieCounsel
1 appearance
Greg GledhillCounsel
1 appearance
Guiliano QuerquiAgent
1 appearance
Guy GiornoCounsel
1 appearance
Harold F. CaleyCounsel
1 appearance

for the Sheet Metal Workers' International Association

David McKeeCounsel
1 appearance
Dennis E. MaesCounsel
1 appearance

for the trade union

E. M. MitchellUnion representative
1 appearance
Win. ConlinUnion representative
1 appearance

for U. A. Local 508

Laurence C. ArnoldCounsel
1 appearance
Robert VosperCounsel
1 appearance

for United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union 508

Bryan ChristieCounsel
1 appearance
Laurence C. ArnoldCounsel
1 appearance

for United Brotherhood of Carpenters and Joiners of America, Local 2486

Fred KarstCounsel
1 appearance
James NymanCounsel
1 appearance

for United Flooring

Frank CalviAgent
1 appearance

for Wayne Maracle

Lou BrzezinskiCounsel
1 appearance
Marcie WeinmanAgent
1 appearance
Wayne MaracleAgent
1 appearance

on behalf of respondent Ellis Don

Joseph LibermanCounsel
1 appearance
Paul RicherCounsel
1 appearance

on behalf of respondent Operative Plasterers' and Cement Masons International Association of the United States and Canada, Local 598

Livio BalanzinCounsel
1 appearance
N. L. JesinCounsel
1 appearance

on his own behalf

Barry FitzgeraldSelf-represented
1 appearance
Everette ChapelleSelf-represented
1 appearance
Glenn GilmoreSelf-represented
1 appearance
Self-representedSelf-represented
1 appearance

Decisions

Years active

Tribunals

0.7

cases/mo

OLRB89(100%)

Decision types

trial

motion

/Adjudicator

Robert Herman — Vice-Chair

Employment and Labour Law

Robert Herman

Vice-Chair·Ontario Labour Relations Board·Since 1987

cases · 13 yrs · OLRB

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 49Alternate Chair· 12Vice-Chair· 9Alternate Chair· 5Vice-Chair· 5Alternate Chair· 4Vice-Chair· Chair· 3Vice-Chain· 1

Robert Herman

OLRBUnanimous0 cases1982–1994

D. A. MacDonald

C. A. Ballentine

OLRBOntario Labour Relations BoardJul 8, 1988

Section 123(2) of the Labour Relations Act provides an additional, not exclusive, open period for termination.

The applicant sought to terminate the bargaining rights of the respondent union, which had been obtained through a voluntary recognition agreement in the construction industry.

The union argued the application was untimely under section 123(2) of the Labour Relations Act.

The Board held that section 123(2) provides an additional open period for termination applications in the construction industry, rather than overriding the general open period in section 57(2).

Therefore, the application brought during the last two months of the collective agreement's operation was timely.

Franco Pepe v. Ontario Provincial Council, United Brotherhood of Carpenters and Joiners of America, 1988 CanLII 3654

R. R. Montague

Robert Herman

R. M. Sloan

OLRBOntario Labour Relations BoardJun 30, 1988

Interim certificate issued pending determination of whether seven drivers are dependent contractors.

The applicant union applied for certification.

The parties agreed on the bargaining unit description but disputed whether seven drivers were employees or independent contractors.

The Board appointed a Board Officer to inquire into the status of the drivers.

Retail, Wholesale and Department Store Union, AFL:CIO:CLC: v. 502858 Ontario Limited, 1988 CanLII 3659

Robert Herman

J. A. Rundle

C. A. Ballentine

OLRBOntario Labour Relations BoardJun 1, 1988

Request for reconsideration to provide written reasons for oral rulings denied as rulings did not affect outcome.

The complainant requested reconsideration of a prior decision, asking the Board to provide written reasons for oral rulings made during the hearing.

Providing written reasons would serve no purpose.

Local 27, United Brotherhood of Carpenters and Joiners of America v. Local 183, Labourers International Union of North America, 1988 CanLII 3663

Robert Reid

9 cases1980–1999

Bernard Fishbein

79 cases1982–2011

Robert Herman

OLRBOntario Labour Relations BoardApr 25, 1988

Union breached duty of fair referral by arbitrarily bypassing established hiring hall list without considering alternatives.

The complainant alleged that the respondent union breached section 69 of the Labour Relations Act by acting arbitrarily in its administration of the hiring hall referral list.

The Board found that while the steward acted without malice, his failure to even consider whether following the established list would have satisfied his concerns constituted arbitrary conduct.

The Board ruled that the union breached section 69.

Michael Alfred Jones v. International Association of Heat and Frost Insulators and Asbestos Workers Union Local 95, 1988 CanLII 3765

Luis Camara

4 cases1988–1992

David McKee

85 cases1980–2000

C. M. Mitchell

38 cases1980–1999

W. N. Fraser

OLRBUnanimous0 cases1988–2000

Robert Herman

C. A. Ballentine

OLRBOntario Labour Relations BoardMar 28, 1988

Secondary picketing to force union recognition by related employers violates the Labour Relations Act.

The complainant union alleged that the respondent union engaged in an unlawful strike and secondary picketing by picketing a construction site where the primary employer was not present.

The respondent union argued the picketed companies were functionally integrated with the primary employer.

However, the Board declined to void the resulting collective agreements, noting the employers had voluntarily adopted them and the complainant's representational rights were not affected.

A declaration of unlawful picketing was issued.

Local 27, United Brotherhood of Carpenters and Joiners of America v. Local 183, Labourers International Union of North America, 1988 CanLII 3739

Russel W. Zinn

5 cases1985–2007

Robert Herman

OLRBUnanimous0 cases1981–1996

H. Kobryn

D. A. MacDonald

OLRBUnanimous0 cases1982–1994

OLRBOntario Labour Relations BoardJan 13, 1988

Corporate officers held personally liable for unfair labour practices including failure to remit union dues.

The Board found that both the corporation and the individual respondents breached sections 64, 66, and 70 of the Act.

The Board held that individual officers can be held personally liable under these sections.

However, due to the union's significant delay in bringing the complaint regarding the 1985 compensation negotiations, the Board declined to order a remedy for those breaches.

The Board did find the respondents liable for the recent failure to deduct and remit union dues and scheduled a hearing to determine the appropriate remedy.

United Brotherhood of Carpenters and Joiners of America, Local 1030 v. Nepean Roof Truss Limited, 1988 CanLII 3641

R. R. Montague

Robert Herman

OLRBUnanimous0 cases1986–1994

G. O. Shamanski

OLRBOntario Labour Relations BoardDec 24, 1987

Application to determine employee status adjourned sine die because the individual was terminated before filing.

The applicant union filed an application under section 106(2) of the Labour Relations Act to determine the employee status of an individual.

The respondent employer objected to the appointment of a Board Officer on the basis that the individual had been terminated for alleged theft prior to the filing of the application.

The Board held that since the individual was not employed by the respondent at the time the application was filed, there was no current question as to whether the person was an employee.

The Board cancelled the Board Officer's appointment and adjourned the matter sine die for one year, pending the resolution of the individual's employment status through adjudication or negotiation.

United Food and Commercial Workers International Union, AFL:CIO-:CLC v. Royal Mattress Limited, 1987 CanLII 3158

Robert Herman

R. M. Sloan