Who is Robert J. Herman?

Robert J. Herman is a vice-chairman at the Ontario Labour Relations Board with 24 decisions on record from 1985 to 1988. Key areas include employment and labour law, administrative law.

What tribunal does Robert J. Herman sit on?

Robert J. Herman sits on the Ontario Labour Relations Board.

What areas of law does Robert J. Herman decide?

Robert J. Herman's most common areas include Employment and Labour Law (24 decisions), Administrative Law (10 decisions). Robert J. Herman has handled 24 decisions across 2 areas.

How many decisions has Robert J. Herman made?

Robert J. Herman has 24 decisions on record from 1985 to 1988.

Who frequently appears before Robert J. Herman?

Representatives who frequently appear before Robert J. Herman include Douglas J. Wray, Frank Rimes, Matt Whelan.

/Adjudicator

minicounsel

Robert J. Herman — Vice-Chairman

Employment and Labour Law

Administrative Law

Robert J. Herman

Vice-Chairman·Ontario Labour Relations Board·Since 1985

cases · 4 yrs · OLRB

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 8Vice-Chairman· 7Vice-Chairman· 4Vice-Chair· 4Vice-Chairman· 1

OLRBOntario Labour Relations BoardApr 23, 1986

Employees must be given notice of an intervener's application for certification.

In an application for certification, an intervener union filed its own application for certification.

The Board considered whether employees must be given notice of the intervener's application.

Both the applicant and intervener opposed giving notice, arguing that a vote was likely and employee petitions would be irrelevant.

The Board rejected this argument, holding that employees have a right to participate in certification proceedings and must be given meaningful notice of a second application.

The Board directed the employer to post notices of the intervener's application.

Toronto Typographical Union No. 91 v. Starways Distributors, 1986 CanLII 1587

OLRBOntario Labour Relations BoardApr 7, 1986

Employer bargained in bad faith by reneging on agreed commencement date after union ratified collective agreement.

The union filed a complaint alleging the employer violated the duty to bargain in good faith under section 15 of the Labour Relations Act.

The parties had agreed on the effective commencement date of a one-year collective agreement during mediation.

Following a strike, the union ratified the agreement based on this understanding.

The employer subsequently refused to sign the agreement, claiming the commencement date had never been agreed upon.

The Board found the employer's testimony unreliable, concluded that an agreement on the date had been reached, and held that reneging on this agreed term after ratification constituted bad faith bargaining.

The employer was directed to execute the collective agreement.

United Food and Commercial Workers International Union, Local 1105-P. v. Saville Food Products, Inc., 1986 CanLII 1585

OLRBOntario Labour Relations BoardMar 14, 1986

Application to terminate union bargaining rights dismissed because employee petition was not demonstrably voluntary.

The applicants, employees of a cleaning company, applied to terminate the bargaining rights of the respondent union.

They submitted a petition signed by a majority of the bargaining unit employees.

The Board found that the majority of the signatures were collected by an employee who was a close friend of the employees' supervisor, and that she collected them during working hours after obtaining permission to leave early.

The Board concluded that the employees might have perceived management involvement or feared their wishes would be communicated to management.

Consequently, the Board held that the petition did not represent the voluntary wishes of the employees and dismissed the application.

One Board member dissented, arguing that a representation vote should have been ordered.

Therese Laframboise and Yolande Pichette v. Service Employees Union, Local 219, 1986 CanLII 1566

OLRBOntario Labour Relations BoardDec 18, 1985

Grievance regarding wage reclassification dismissed on preliminary grounds of res judicata and lack of prima facie case.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 124 of the Labour Relations Act, alleging that the respondent employer violated the collective agreement by reclassifying an employee to a lower wage category.

The respondent raised preliminary objections, arguing that the matter was res judicata as two prior Board decisions had already interpreted the identical collective agreement provision to apply only to lay-offs, not reclassifications.

The Board agreed, finding that the prior decisions were binding and that the applicant failed to establish a prima facie case.

The grievance was dismissed.

Local 50 International Union of Elevator Constructors v. Montgomery Elevator Co. Limited, 1985 CanLII 1101

Page 2 of 2 (24 cases)

for Carpenters' Local No. 27, Carpenters District Council of Toronto and Matt Whelan

Douglas J. WrayCounsel
1 appearance
Frank RimesUnion representative
1 appearance
Matt WhelanSelf-represented
1 appearance

for Chrysler Canada Ltd.

David DeluzioCounsel
1 appearance
Leonard P. KavanaughCounsel
1 appearance

for the applicant

A. J. AheeAgent
1 appearance
Bernard John MooreSelf-represented
1 appearance
Brian ChristieCounsel
1 appearance
Cathy LaceCounsel
1 appearance
Darlene Van VolkenburgAgent
1 appearance
Dave KrasnichukCounsel
1 appearance
Deborah CarlsonCounsel
1 appearance
Don McLeanAgent
1 appearance
D. Richard MantzAgent
1 appearance
Ed PypkarUnion representative
1 appearance
E. G. PosenCounsel
1 appearance
Ernest ShawUnion representative
1 appearance
George W. KingCounsel
1 appearance
Gerald GillsAgent
1 appearance
Hank KuntzUnion representative
1 appearance
Harry WilliamsAgent
1 appearance
Heather HamiltonAgent
1 appearance
Joe BigeauUnion representative
1 appearance
Joe HerbertUnion representative
1 appearance
Joseph HanafinCounsel
1 appearance

for the applicant/complainant

Gerald DurocherUnion representative
1 appearance
J. J. NymanCounsel
1 appearance
John PistorUnion representative
1 appearance
M. McKayCounsel
1 appearance

for the complainant

Don DaymanUnion representative
1 appearance
Keith OleksiukUnion representative
1 appearance
Patrick DucharmeCounsel
1 appearance
Paul NessethCounsel
1 appearance
Susan BallentineUnion representative
1 appearance

for the complainant/applicant

Marcel LacroixUnion representative
1 appearance
Paul FalzoneCounsel
1 appearance
Rocky SkinnerUnion representative
1 appearance
Sid AdamsUnion representative
1 appearance

for the complainants

James FawcettSelf-represented
1 appearance
John A DesottiCounsel
1 appearance
Michael ConnollySelf-represented
1 appearance
Ralph MarionSelf-represented
1 appearance
Roland J. VautourSelf-represented
1 appearance
Ucal PowellSelf-represented
1 appearance

for the group of employees

Anna VannelliAgent
1 appearance
Maureen GreenwoodAgent
1 appearance

for the Group of Employees

Donald WhiteCounsel
1 appearance

for the intervener

Allen E. GrotkeCounsel
1 appearance
Amelio FantinCounsel
1 appearance
D. S. JovanovicCounsel
1 appearance
F. J. W. BickfordCounsel
1 appearance
Gail LemCounsel
1 appearance
Gary GardinerAgent
1 appearance
G. CharneyCounsel
1 appearance
George W. OakesCounsel
1 appearance
Jim BacarriCounsel
1 appearance
Kees W. KortCounsel
1 appearance
L. A. MacLeanCounsel
1 appearance
Maureen KirincicCounsel
1 appearance
Rheal ParentAgent
1 appearance
Robert J. AtkinsonCounsel
1 appearance
Robert W. LittleCounsel
1 appearance
Sherry LiangCounsel
1 appearance

for the objectors

David SepejakSelf-represented
1 appearance
Rejean St. MartinAgent
1 appearance

for the respondent

A. PinlattCounsel
1 appearance
B. FitzgeraldCounsel
1 appearance
B. H. StewartCounsel
1 appearance
Bill SimpsonAgent
1 appearance
Brian Van RasselCounsel
1 appearance
B. TaylorCounsel
1 appearance
Carolyn Kay AggioAgent
1 appearance
C. C. WhiteCounsel
1 appearance
Cohn MorleyCounsel
1 appearance
C. WilkeyUnion representative
1 appearance
Dale HouldingUnion representative
1 appearance
Daniel UblanskyCounsel
1 appearance
Dan MdllraveyUnion representative
1 appearance
Derek L. RogersCounsel
1 appearance
D. I. WakelyCounsel
1 appearance
D. MacDonaldAgent
1 appearance
Donald D. BushCounsel
1 appearance
Don BurshawUnion representative
1 appearance
Don OnichukCounsel
1 appearance
E. JiscootAgent
1 appearance

for the respondents

Bruce YoungCounsel
1 appearance
C. C. WhiteCounsel
1 appearance
Jim EllaCounsel
1 appearance

for U.A.W. Local 444

Gerry BastienUnion representative
1 appearance
Jim O'NeilUnion representative
1 appearance
L. A. MacLeanCounsel
1 appearance

for United Brotherhood of Carpenters' and Joiners of America

Derrick MansonCounsel
1 appearance
L. N. GottheilCounsel
1 appearance

Decisions

Years active

Tribunals

1.0

cases/mo

OLRB24(100%)

Decision types

trial

motion

Page 2 of 2 (24 cases)