Who is R. O. MacDowell?

R. O. MacDowell is a vice-chairman at the Ontario Labour Relations Board with 303 decisions on record from 1980 to 2001. Key areas include employment and labour law, administrative law, other tribunals.

What tribunal does R. O. MacDowell sit on?

R. O. MacDowell sits on the Ontario Labour Relations Board.

What areas of law does R. O. MacDowell decide?

R. O. MacDowell's most common areas include Employment and Labour Law (303 decisions), Administrative Law (141 decisions), Other Tribunals (13 decisions). R. O. MacDowell has handled 303 decisions across 6 areas.

How many decisions has R. O. MacDowell made?

R. O. MacDowell has 303 decisions on record from 1980 to 2001.

Who frequently appears before R. O. MacDowell?

Representatives who frequently appear before R. O. MacDowell include B. Fishbein, Naomi Duguid, C. G. Riggs.

R. O. MacDowell — Vice-Chairman

OLRBAug 23, 2001

Application for a new hearing due to adjudicator delay dismissed as the overdue decision was subsequently issued.

The applicant union applied under section 115.1 of the Labour Relations Act to terminate a proceeding and order a new hearing because the adjudicator had not issued a decision within six months of the last hearing date.

Shortly after the application was filed, the adjudicator issued the overdue decision.

The Chair of the Board declined to exercise the extraordinary discretion to order a new hearing, finding that since the decision had now been issued, it would not make sense to burden the parties with a new multi-day hearing.

International Brotherhood of Electrical Workers, Local 586 v. K2 Contracting Inc., 2001 CanLII 19754

OLRBJul 27, 2001

Union directed to file representations on its request for reconsideration of a dismissed delay application.

The union requested reconsideration of a decision dismissing its application under section 115.1 of the Labour Relations Act, 1995, which allows the Chair to terminate a proceeding if a decision is not issued within six months of the last hearing day.

The union argued it had no opportunity to make representations or adduce evidence before the dismissal.

The Board directed the union to file complete representations and evidence in support of its application.

International Brotherhood of Electrical Workers, Local 586 v. K2 Contracting Inc., 2001 CanLII 18307

OLRBJul 13, 2001

Union's unfair labour practice complaint alleging bad faith bargaining by the employer dismissed.

The applicant union filed an unfair labour practice complaint alleging that the responding party employer breached its duty to bargain in good faith under section 17 of the Labour Relations Act.

The union contended that the bargaining process for the most recent collective agreement was tainted by bad faith and material misrepresentation.

Following a lengthy hearing, the majority of the Board found no breach of the Act and dismissed the complaint, with one Board Member dissenting.

The Board issued a bottom-line decision to allow the parties to proceed with their collective bargaining relationship, with reasons to follow.

United Steelworkers of America, Local 1005 v. Stelco Inc. (Hilton Works), 2001 CanLII 18293

OLRBJul 10, 2001

Application to terminate proceeding for delayed decision dismissed as the panel had already issued its decision.

The applicant applied under section 115.1 of the Labour Relations Act, 1995, requesting the Chair to terminate a proceeding and start over because a decision had not been issued within six months of the last hearing day.

The Chair dismissed the application, noting that the panel seized with the matters had already issued a final and binding decision dismissing the underlying applications on May 1, 2001.

International Brotherhood of Electrical Workers, Local 586 v. K2 Contracting Inc., 2001 CanLII 10868

OLRBMay 28, 2001

Unfair labour practice complaints against Premier and Minister dismissed; Labour Relations Act does not bind Crown.

The applicant trade unions filed unfair labour practice complaints against the Premier of Ontario and the Minister of Labour, alleging that the respondents unlawfully threatened legislative changes to the construction industry's provincial bargaining scheme (Bill 69) to pressure the unions into abandoning certain bargaining rights.

The unions also argued that the Ontario Labour Relations Board lacked jurisdiction to hear the complaint due to a reasonable apprehension of bias, as the Board's adjudicators are appointed by the government.

The Board declined to find that its adjudicators were precluded from hearing the case.

On the merits, the Board dismissed the complaints, holding that the Labour Relations Act does not bind the Crown or its Ministers acting in their legislative or governmental capacities.

Furthermore, the Board found that a government's expression of intent to legislate does not constitute intimidation, coercion, or unlawful interference under the Act.

Ontario Pipe Trades Council v. Harris, 2001 CanLII 62684

OLRBDec 1, 2000

Expedited hearing scheduled for employer's application alleging an unlawful strike and picketing.

The applicant employer filed an application under section 100 of the Labour Relations Act, 1995, alleging that employees were engaging in an unlawful strike and picketing.

The employer sought a declaration that the strike activity was unlawful and a direction prohibiting the conduct.

The Ontario Labour Relations Board noted that the application was a mere allegation at this stage, but outlined the statutory provisions prohibiting strikes during the term of a collective agreement.

The Board scheduled an expedited hearing for December 4, 2000, and directed the parties to provide notice of the decision to affected employees and union officials.

Budd Canada Inc v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), 2000 CanLII 8789

OLRBNov 22, 2000

Applicant directed to file written submissions responding to Crown's motion to dismiss unfair labour practice complaint.

The applicant filed an unfair labour practice complaint against the Premier of Ontario and the Minister of Labour, alleging contraventions of the Labour Relations Act, 1995.

The applicant also submitted that the Board was institutionally incapable of hearing the complaint due to the identity of the responding parties.

The Crown filed a motion to dismiss the application for failing to make out a prima facie case.

The Board directed the applicant to file written submissions responding to the motion to dismiss and detailing the factual and legal basis for its institutional bias allegations.

Ontario Pipe Trades Council v. Harris, 2000 CanLII 3398

OLRBNov 22, 2000

Board declined to issue unlawful strike declaration for ceased work stoppage but ordered decision posting.

The applicant employer sought a declaration and cease and desist order regarding an alleged unlawful strike caused by employees refusing to cross a picket line set up by a sister local.

The work stoppage lasted only one day and the underlying dispute was subsequently resolved.

The employer argued a formal declaration was necessary to deter future 'hit and run' strikes.

The Board applied its established policy from Acme Building, declining to inquire further or issue a formal declaration since the strike had ended, but directed the union and employer to post and distribute copies of the decisions to ensure employees and union officials were aware of their legal obligations.

Domtar Inc. v. Local 2995 I.W.A. Canada, 2000 CanLII 5182

OLRBOct 31, 2000

Unlicensed tradespersons performing craft work on the application date are included in the craft bargaining unit.

The applicant union applied for certification to represent a craft bargaining unit of electricians and electricians' apprentices employed by the responding employer.

A dispute arose over whether individuals performing electrical work without the required licenses under the Trades Qualification Act (TQA) should be included in the bargaining unit and eligible to vote.

The Ontario Labour Relations Board reconsidered its previous Irvcon/Marsil line of cases, which required TQA compliance for inclusion in a craft unit.

The Board held that the status of an individual should be determined by the work they were performing on the application date, regardless of whether they held the required TQA licenses.

Consequently, the unlicensed electricians were deemed eligible to cast ballots in the representation vote.

International Brotherhood of Electrical Workers, Local Union 353 v. 1206468 Ontario Ltd. c.o.b. as Quadracon, 2000 CanLII 7816

OLRBOct 30, 2000

Request to reconsider a two-year-old bargaining unit settlement decision dismissed.

The employer requested reconsideration of a Board decision made almost two years prior under the Public Sector Labour Relations Transition Act, 1997.

The original decision incorporated a settlement between the parties regarding the description and composition of bargaining units following the amalgamation of several municipalities.

The employer sought to revise the exclusions to facilitate the transfer of managerial personnel into the bargaining unit due to downsizing.

The Board dismissed the request, holding that it is inappropriate to reconsider and alter a decision based on a comprehensive settlement reached by the parties, especially after significant time has passed and new collective agreements have been negotiated.

Canadian Union of Public Employees, Local 79 v. The City of Toronto, 2000 CanLII 1162

OLRBOct 10, 2000

Unfair labour practice complaint terminated after five years of inactivity following deferral to arbitration.

Ontario Public Service Employees Union v. Ontario New Democratic Party Caucus, 2000 CanLII 3817

OLRBSep 22, 2000

Employment standards application withdrawn at the request of the applicant.

Ruby Smith v. Versa Services Ltd., 2000 CanLII 7890

OLRBSep 21, 2000

Upcoming hearing days adjourned pending the Board's ruling on a motion to limit evidence.

United Steelworkers of America, Local 1005 v. Stelco Inc. (Hilton Works), 2000 CanLII 6714

OLRBSep 15, 2000

Board sets union restructuring dispute down for consultation rather than formal hearing to ensure expedition.

The applicants filed a complaint under section 96 of the Labour Relations Act challenging the parent union's decision to transfer the geographic jurisdiction of the Kapuskasing area from Local 491 to Local 607.

The Board considered whether to hold a formal hearing or a consultation to resolve the dispute.

Noting the need for expedition in construction industry restructuring disputes under the 'Bill 80 provisions', the Board exercised its discretion under section 110 of the Act and its Rules to set the matter down for a consultation rather than a full oral hearing.

Laborers’ International Union of North America, Local 491 v. Laborers’ International Union of North America, 2000 CanLII 12252

OLRBAug 21, 2000

Request for reconsideration of certification dismissal denied despite extraordinary delay in original decision.

The union requested reconsideration of a Board decision that dismissed its application for certification for a single-store bargaining unit at a Tim Hortons location.

The original decision was delayed for several years, which the union argued caused prejudice and raised an apprehension of bias.

The Board found that while the delay was extraordinary and unreasonable, it was not advisable to reconsider the decision.

Re-litigating the matter based on facts and law from five years prior would not make labour relations sense, and the union could file a new application under the current legislative framework if it had sufficient support.

United Food & Commercial Workers, Local 206 v. Lynn Management Ltd., 2000 CanLII 1574

OLRBAug 21, 2000

Board orders expedited hearing and appoints officer for unfair labour practice and unlawful lockout complaint.

Canadian Union of Operating Engineers and General Workers v. Brookfield Management Services Ltd. (BCE Place), 2000 CanLII 12574

OLRBAug 16, 2000

Board declared an unlawful strike and issued a cease and desist order against the employees.

The applicant employer brought an application under section 100 of the Labour Relations Act seeking a declaration of an unlawful strike and a cease and desist order.

The employer asserted that a serious work stoppage had caused significant disruption at its Oshawa facilities.

Following an expedited hearing and based on the agreement of the institutional parties, the Board declared that the respondent employees had engaged in an unlawful strike in violation of section 79 of the Act.

The Board directed the employees to immediately cease and desist from engaging in the unlawful strike and from prompting others to do so.

General Motors of Canada Limited v. National Automobile, Aerospace and Agricultural Implement Workers of Canada (CAW-Canada), 2000 CanLII 3630

OLRBAug 15, 2000

CAW added as intervener in unfair labour practice complaint; schedule set for preliminary issues submissions.

At a pre-hearing conference for an unfair labour practice complaint under section 96 of the Labour Relations Act, the Board noted that the CAW had replaced the SEIU as the bargaining agent for the employees.

The Board directed that the CAW be added as a party intervener and established a schedule for the parties to file written submissions on preliminary issues, including whether the complaint disclosed a prima facie case.

Group of Employees v. Service Employees International Union, Local 220, 2000 CanLII 12702

OLRBAug 15, 2000

Application alleging unlawful strike scheduled for expedited hearing.

The applicant employer filed an application under section 100 of the Labour Relations Act, 1995, alleging that the responding union and employees were engaging in an unlawful strike and picketing in response to the discipline of a union steward.

The Board noted that the allegations had not yet been proven but outlined the statutory framework prohibiting strikes during the term of a collective agreement.

Given the urgency of unlawful strike allegations, the Board scheduled the matter for an expedited hearing the following day and directed the parties to file replies and notify affected employees.

General Motors of Canada Limited v. National Automobile, Aerospace and Agricultural Implement Workers of Canada (CAW-Canada), 2000 CanLII 9564

OLRBAug 10, 2000

Board requests written submissions on whether all employee categories in collective agreement require Trades Qualification Act documentation.

In an application for certification, the Ontario Labour Relations Board held a hearing to determine the appropriate bargaining unit, specifically regarding the impact of the Trades Qualification Act.

After reviewing the provincial collective agreement filed by the parties, the Board requested written representations clarifying whether all employee categories listed under the union recognition clause are required to hold Trades Qualification Act documentation.

International Brotherhood of Electrical Workers, Local 586 v. K2 Contracting Inc., 2001 CanLII 19754

International Brotherhood of Electrical Workers, Local 586 v. K2 Contracting Inc., 2001 CanLII 18307

United Steelworkers of America, Local 1005 v. Stelco Inc. (Hilton Works), 2001 CanLII 18293

International Brotherhood of Electrical Workers, Local 586 v. K2 Contracting Inc., 2001 CanLII 10868

Ontario Pipe Trades Council v. Harris, 2001 CanLII 62684

Budd Canada Inc v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), 2000 CanLII 8789

Ontario Pipe Trades Council v. Harris, 2000 CanLII 3398

Domtar Inc. v. Local 2995 I.W.A. Canada, 2000 CanLII 5182

International Brotherhood of Electrical Workers, Local Union 353 v. 1206468 Ontario Ltd. c.o.b. as Quadracon, 2000 CanLII 7816

Canadian Union of Public Employees, Local 79 v. The City of Toronto, 2000 CanLII 1162

Ontario Public Service Employees Union v. Ontario New Democratic Party Caucus, 2000 CanLII 3817

Ruby Smith v. Versa Services Ltd., 2000 CanLII 7890

United Steelworkers of America, Local 1005 v. Stelco Inc. (Hilton Works), 2000 CanLII 6714

Laborers’ International Union of North America, Local 491 v. Laborers’ International Union of North America, 2000 CanLII 12252

United Food & Commercial Workers, Local 206 v. Lynn Management Ltd., 2000 CanLII 1574

Canadian Union of Operating Engineers and General Workers v. Brookfield Management Services Ltd. (BCE Place), 2000 CanLII 12574

General Motors of Canada Limited v. National Automobile, Aerospace and Agricultural Implement Workers of Canada (CAW-Canada), 2000 CanLII 3630

Group of Employees v. Service Employees International Union, Local 220, 2000 CanLII 12702

General Motors of Canada Limited v. National Automobile, Aerospace and Agricultural Implement Workers of Canada (CAW-Canada), 2000 CanLII 9564

International Brotherhood of Electrical Workers, Local Union 353 v. 1206468 Ontario Ltd. c.o.b. as Quadracon, 2000 CanLII 12886

appearing on her own behalf

appearing on his own behalf

fof the intervenor

for Airlift Limousine Services

for Algonquin Tavern

for Allen Steckly

for Amsterdam Catering Services Limited

for Andy Andoniadis

for Beckett Elevator Company Limited

for Bemar Construction

for Cadillac Fairview

for Canadian Union of Public Employees, Local 1065

for Carpenters' District Council and Local 27

for Carpenters Local 27

for Carpenters Local 675 and Carpenters' Ontario Provincial Council

for Carpenters Local Union 1669 and the Ontario Provincial Council of the United Brotherhood of Carpenters and Joiners of America

for CAW-Canada

for CAW Local 1000 of National Automobile, Aerospace, Transportation and General Workers' Union of Canada (CAW-Canada)

for certain employees

for Cineplex Odeon Corporation

for complainant

for Concrete Supplies of Windsor Inc.

for CUPE

for CUPE and its Locals

for CUPE Local 2998

for CUPE Local 416

for Delform Construction Limited

for E K T Industries Inc.

for Ethyl Canada, Inc.

for Famous Players Inc.

for F. I. R. M.

for F.I.R.M.

for G. Hanlon Holdings Inc. and G. J. Hanlon

for Hardrock Forming Co.

for Ilena Construction Limited

for International Brotherhood of Electrical Workers, Local 1687, and International Union of Operating Engineers, Local 793

for International Union of Operating Engineers, Local 772

for intervener #1

for intervener #2

for intervenor #1

for intervenor #2

for Ironworkers' District Council and Local 721

for ISCA

for IUOE Local 796

for J. C. Electrical

for Labourers' International Union of North America Local 183, and the Form Work Council of Ontario

for Labourers' International Union of North America, Local 506

for Labourers Local 607

for Lincoln Hydro

for Local 75

for London Hydro/Flamborough Hydro

for Lumber and Sawmill Workers Union Local 2693

for Lumber and Sawmill Workers Union, Local 2693

for M.B.L. International Contractors Inc.

for McDonnell-Ronald Limousine Service Ltd.

for McIntosh Limousine Services, Air Cab Limousine Services and Aaroport Limousine Services Ltd.

for Megatech

for Mercedes Corporation

for Metropolitan Toronto

for Molson's Brewery (Ontario) Limited