R. O. MacDowell

W.F. Rutherford

R. O. MacDowell

OLRBOntario Labour Relations BoardFeb 14, 1984

Board directed parties to narrow issues regarding inclusion of paramedical employees in service bargaining unit.

The union applied for certification to represent a bargaining unit of hospital service workers, excluding technical and paramedical employees.

The hospital argued that technical and paramedical personnel share a community of interest with service workers and should be included in the unit.

The Board expressed concern over the potential delay and cost of resolving the status of numerous classifications.

The Board directed the parties to investigate and particularize the classifications in dispute to narrow the issues before a further hearing.

The Canadian Union of Public Employees v. The Hospital For Sick Children, 1984 CanLII 1070

W. H. Wightman

R. O. MacDowell

OLRBOntario Labour Relations BoardFeb 10, 1984

L. Collins

OLRB0 cases1983–1987

Employer's refusal to discharge employees expelled for unpaid union fines was not an unfair labour practice.

The complainant union alleged that the respondent employer committed an unfair labour practice by refusing to discharge two employees who had been expelled from the union for failing to pay a fine.

The fine was levied after the employees were observed speaking to the employer's president during a lockout.

The employer argued that under the collective agreement, 'membership in good standing' was defined solely by the payment of dues, which were still being deducted.

The Board dismissed the complaint, finding the employer's interpretation of the collective agreement reasonable and not motivated by any intention to interfere with the union's internal affairs.

Graphic Arts International Union Local 517 v. Sumner Press, 1984 CanLII 1053

R. O. MacDowell

J. Wilson

OLRBOntario Labour Relations BoardFeb 8, 1984

C. A. Ballentine

OLRB0 cases1980–1992

Unfair labour practice complaint dismissed without a hearing for failing to disclose a prima facie case.

The complainant filed a second complaint under section 89 of the Labour Relations Act alleging harassment by her foreman.

The complaint did not specify any sections of the Act that were violated, nor did it contain a concise statement of the acts complained of.

The Board found that the complaint did not make out a prima facie case for a breach of the Act and dismissed it without a hearing pursuant to section 71 of the Board's Rules of Procedure.

Ladelle Hiles v. Carman Dinanno, 1984 CanLII 1069

R. O. MacDowell

OLRBOntario Labour Relations BoardFeb 6, 1984

J. Kennedy

OLRB0 cases1983–1990

F. W. Murray

OLRB0 cases1980–1988

Board modifies interest calculation to simple interest on reconsideration but upholds compensation for hiring hall breach.

The respondent employer requested reconsideration of a Board decision awarding compensation and compound interest for a breach of the collective agreement's hiring hall provisions.

The employer argued that the evidence was hearsay, that interest was improperly calculated, and that the award constituted a double payment of benefits.

The Board rejected most of the employer's arguments, noting they could have been raised at the original hearing.

However, the Board decided to modify the interest calculation from compound to simple interest, reducing the total amount payable to the union in trust for the aggrieved employees to $7,256.36.

International Union of Elevator Constructors, Local #50 v. Beckett Elevator Company Limited, 1984 CanLII 1072

Paul Cavalluzzo

28 cases1981–2015

R. O. MacDowell

OLRBOntario Labour Relations BoardDec 19, 1983

Union breached duty of fair representation by providing incorrect advice on seniority consequences of a transfer.

The complainants alleged the union breached its duty of fair representation under section 68 of the Labour Relations Act.

The union failed to appear at the initial hearing, claiming a misunderstanding about a settlement, but the Board refused to grant a hearing de novo.

On the merits, the Board dismissed the claim that the union acted improperly by renegotiating the collective agreement to fix a drafting error regarding seniority.

However, the Board found a breach of section 68 regarding incorrect advice given by a shop steward about the effect of a transfer on the complainants' seniority rights.

Because the union provided no explanation for the steward's actions, a prima facie breach was established.

The Board ordered the union and employer to restore the complainants' full company seniority.

Timothy W. Smith and William Morton v. Toronto Joint Board Amalgamated Clothing & Textile Workers Union Local 1414J, 1983 CanLII 775

M. Richardson

M. Buchanan

Maurice A. Green

34 cases1980–2009

John W. Woon

18 cases1983–2012

J. Farrell

H. Goldblatt

16 cases1980–1988

F G. Plue

David Bloom

34 cases1982–2017

Barry W. Earle, Q. C.

2 cases1983–1989

R. O. MacDowell

OLRBOntario Labour Relations BoardNov 8, 1983

L. Collins

OLRB0 cases1983–1987

J. D. Bell

OLRB0 cases1980–1985

Mass resignation of summer school teachers to exert collective bargaining pressure constituted an unlawful strike.

The complainant school board alleged that a mass resignation by summer school principals, vice-principals, and curriculum resource teachers constituted an unlawful strike under the Labour Relations Act, and that the teachers' union encouraged it.

The union had issued a 'pink letter' advising members not to accept summer positions due to a collective bargaining impasse.

The Board found that the resignees were employees who had already commenced preparatory duties, and their coordinated resignations to exert bargaining pressure amounted to an unlawful strike.

The Board issued a cease and desist direction against the union and its District 16 president for counselling and supporting the unlawful strike.

The Board of Education for the Borough of Scarborough v. The Ontario Secondary School Teachers' Federation, 1983 CanLII 863

R. O. MacDowell

OLRBOntario Labour Relations BoardOct 21, 1983

Duty of fair representation complaint dismissed; union reasonably concluded grievance lacked merit.

The complainant filed a complaint alleging that the respondent union breached its duty of fair representation under section 68 of the Labour Relations Act by refusing to take his grievance to arbitration.

The grievance concerned the employer's failure to recall the complainant from layoff, which the employer justified on the basis that the complainant had previously quit.

The Board found that the union conducted a reasonable investigation, considered the evidence, and honestly concluded that the grievance was unlikely to succeed at arbitration.

The complaint was dismissed.

Raymond Daviau v. United Food & Commercial Workers, 1983 CanLII 934

W. J. McNaughton

30 cases1980–2000

B. Shanks

2 cases1983–2022

B. Morran

B. Chercover

19 cases1980–2000

A. Reistetter

3 cases1983–1994

A. Hopkirk

R. O. MacDowell

OLRBOntario Labour Relations BoardSep 23, 1983

J. Kennedy

OLRB0 cases1983–1990

F. W. Murray

OLRB0 cases1980–1988

Board awards interest on compensation for lost wages resulting from employer's breach of collective agreement.

The union filed a grievance alleging the employer breached the collective agreement by failing to hire seven individuals referred by the union.

The Board found the employer in breach and ordered compensation for lost wages and benefits.

The Board also considered whether the compensation award should include an interest component.

After reviewing arbitral jurisprudence, the Board concluded it had the implied authority to award interest to fully compensate the aggrieved employees for the loss of the use of their funds.

The Board ordered the employer to pay $5,435.28 in lost wages and $1,972.98 in interest.

International Union of Elevator Constructors, Local #50 v. Beckett Elevator Company Limited, 1983 CanLII 960

J. Knight

3 cases1983–2021

Janice Baker

29 cases1980–2000

C. M. Mitchell

38 cases1980–1999

W.F. Rutherford

R. O. MacDowell

J. A. Ronson

OLRBOntario Labour Relations BoardSep 13, 1983

Discharge for improper safety boot subsidy claim found unjust; reinstatement ordered due to inconsistent discipline.

The complainant union alleged that the respondent employer breached the statutory freeze provisions of the Labour Relations Act by discharging the grievor without just cause.

The grievor, a clerical employee with eight years of unblemished service, was discharged after claiming a safety boot subsidy for boots purchased for her husband and son.

The Board found that while the grievor's conduct was improper, the employer failed to apply its established policy of progressive discipline and had treated similar cases much more leniently in the past.

The Board concluded that the discharge was unjust and ordered the grievor reinstated with compensation, subject to a deduction equivalent to a three-day suspension.

Canadian Union of Public Employees, C.L.C., Ontario Hydro Employees' Union, Local 1000 v. Ontario Hydro, 1983 CanLII 975

John P. Sanderson, Q.C.

11 cases1980–1985

W. F. Murray

OLRB0 cases1983–1983

S. Cooke

OLRB0 cases1981–2025

R. O. MacDowell

OLRBOntario Labour Relations BoardAug 12, 1983

Employer committed unfair labour practice by discharging union president; reinstatement and compensation ordered.

The complainant union alleged that the employer committed an unfair labour practice by discharging its local union president.

The employer requested an adjournment at the hearing, which was denied due to lack of evidence of hardship.

The employer's counsel then withdrew.

The Board heard uncontradicted evidence that the employer had previously refused to recognize the grievor as a shop steward, demanded he give up union activities, and discharged him shortly after he was re-elected as union president.

The Board found the discharge violated the Labour Relations Act, ordered immediate reinstatement with full compensation, and directed the employer to post a notice and cease interfering with the union.

Local 354, United Textile Workers of America v. Silknit Limited, 1983 CanLII 768

Elizabeth McIntyre

27 cases1981–2016

R. O. MacDowell

OLRBOntario Labour Relations BoardAug 12, 1983

Duty of fair representation complaint dismissed; union's policy accommodating disabled workers was reasonable and lawful.

The complainant, a bargaining unit employee, alleged that the union breached its duty of fair representation under section 68 of the Labour Relations Act.

The union and employer had a long-standing policy of waiving job posting requirements to place disabled employees in restricted duty jobs, which the complainant argued discriminated against healthy employees.

The Board dismissed the complaint, finding that the union's policy was a reasonable and laudable effort to accommodate disadvantaged individuals and did not constitute invidious discrimination, arbitrariness, or bad faith.

Michel Cyr v. Mine Mill Union Local 598, 1983 CanLII 761

Michael Izumi Nash

W. H. Wightman

R. O. MacDowell

H. Kobryn

OLRBOntario Labour Relations BoardJun 29, 1983

Employer ordered to reinstate employee and pay lost wages after breaching binding settlement agreement.

The complainant filed a complaint under the Occupational Health and Safety Act alleging he was discharged for raising a safety concern.

The parties reached a written settlement agreement during a meeting with a Labour Relations Officer, under which the complainant was to be reinstated without back pay.

The respondent's president subsequently vetoed the settlement and refused to reinstate the complainant.

The Board found that the respondent's representative had the authority to settle the complaint and that the settlement was binding.

The Board ordered the respondent to comply with the settlement by reinstating the complainant and compensating him for wages and benefits lost due to the breach.

Todd Bradley Lindstrom v. 500139 Ontario Inc. Operating as The Potato Centre, 1983 CanLII 888

Naomi Duguid

17 cases1981–1986

K. W. Kort

12 cases1981–1999

Don Burshaw II

3 cases1983–1985

Carolyn Shaughnessy

3 cases1983–1985

R. O. MacDowell

OLRBOntario Labour Relations BoardMay 31, 1983

F. W. Murray

OLRB0 cases1980–1988

B. L. Armstrong

OLRB0 cases1980–1997

Application for successor employer declaration dismissed as premature because the business transfer transaction had not yet closed.

The applicant union sought a declaration under section 63 of the Labour Relations Act that the respondent had or would shortly acquire the business of a nursing home.

The respondent had entered into an agreement to purchase the nursing home licence and transfer residents to a new facility.

The Board declined to express a preliminary opinion on the hypothetical facts, noting the transaction had not yet closed and the licence had not been formally acquired.

The application was dismissed as premature, without prejudice to bringing a fresh application once the transaction was completed.

Service Employees' Union, Local 183 v. Daynes Health Care Limited, 1983 CanLII 897

S. Tatrallyay

2 cases1982–1983

R. Drmaj

Rap Duhaime

Mo Sheppard

Mike Farrell

L. C. Arnold

38 cases1980–1992

J. Redshaw

5 cases1980–1985

Homer Seguin

Elizabeth J. Shilton Lennon

10 cases1980–1989

A.M. Minsky

11 cases1980–2008

R. O. MacDowell

P.J. O'Keeffe

J. A. Ronson

OLRBOntario Labour Relations BoardMay 20, 1983

Terminal date for certification extended due to remote work site; employer did not improperly support union.

In a certification application involving multiple unions at a remote mining project, the Ontario Labour Relations Board extended the terminal date because the isolated location and employee work schedules prevented adequate notice.

The Board declined to impose new access rules for union organizers, maintaining the existing arrangements.

Additionally, the Board dismissed allegations that the employer violated section 13 of the Labour Relations Act by informing one union of a rival union's presence, finding such communication practical and not indicative of improper support.

International Brotherhood of Electrical Workers Local 1687 v. Campbell Red Lake Mines Limited Detour Lake Project, 1983 CanLII 893

Pauline R. Seville

6 cases1981–1983

J. Hunter

14 cases1983–2025

James Clancy

Ivor Oram

7 cases1983–1987

F. Koch

D. Alfieri

C. Slater

Chris G. Paliare

192 cases1980–2026

C. G. Riggs

17 cases1980–1998

Art Lane

W. H. Wightman

R. O. MacDowell

OLRBOntario Labour Relations BoardApr 7, 1983

L. Collins

OLRB0 cases1983–1987

Application adjourned as premature; Board declined to enforce subpoena on its own motion.

The applicant union brought an application under the Successor Rights (Crown Transfers) Act regarding the purported transfer of a Crown-operated facility to the private sector.

At the hearing, the respondent Crown submitted that the application was premature as no legal entity had yet been created to receive the transfer.

The parties agreed to adjourn the matter sine die until the transaction crystallized.

The applicant also requested the Board to seek a Court order enforcing a subpoena against a witness who failed to attend.

The Board declined, noting that under section 12 of the Statutory Powers Procedure Act, it is generally the responsibility of the party seeking the witness's attendance to pursue enforcement.

The application was adjourned for up to one year.

Ontario Public Service Employees Union v. Her Majesty The Queen in Right of Ontario, 1983 CanLII 733

Paul V Cassano

Naomi Duguid

17 cases1981–1986

John R. Dempster

J. L. Wheeler

D. I. Wakely

11 cases1980–1989

David Robert

Brian P. Smeenk

34 cases1982–2012

Beverly Brush

W.F. Rutherford

R. O. MacDowell

J. Wilson

OLRBOntario Labour Relations BoardMar 18, 1983

Board orders representation vote for part-time university clerical unit mirroring existing full-time bargaining structure.

The applicant trade union applied for certification of a part-time office and clerical bargaining unit at the respondent university.

The respondent argued for a tag-end or standard office, clerical, and technical unit.

The Board found that the proposed unit, which mirrored the long-established full-time bargaining structure, was appropriate.

The Board excluded 23 students working in the Kinetic Centre, finding they had a stronger affinity with technical employees.

Due to a significant increase in the number of part-time employees shortly after the application date, the Board ordered a representation vote rather than automatic certification.

Service Employees Union, Local 210 v. University of Windsor, 1983 CanLII 930

R. C. Sills

2 cases1982–1983

G. Grossman

32 cases1980–1987

R. O. MacDowell

J. Wilson

H. Kobryn

OLRBOntario Labour Relations BoardMar 17, 1983

Non-union employees swept into a province-wide bargaining scheme have status to apply for termination of bargaining rights.

The applicant, along with four other sheet metal workers employed by Culliton Brothers Limited, applied to terminate the bargaining rights of the Ontario Sheet Metal Workers' Conference.

The union argued that because the employees were not union members, they were not 'employees in the bargaining unit' as defined by the collective agreement, and therefore lacked status to bring the application under section 57(2) of the Labour Relations Act.

The Board held that the employees, who were swept into the province-wide bargaining scheme by operation of law under section 137(2), were employees in the bargaining unit despite not being union members.

The Board distinguished previous cases involving illegal hiring, noting these employees pre-existed the extension of bargaining rights.

A representation vote was directed.

One Board member dissented, arguing the application was untimely as the employees were not members of the bargaining unit as defined in the collective agreement.

Brian Schade v. Ontario Sheet Metal Workers' Conference, 1983 CanLII 916

R. O. MacDowell

J. Wilson

OLRBOntario Labour Relations BoardMar 17, 1983

0. Hodges

OLRB0 cases1980–1983

Request for reconsideration dismissed; employer not bound by Joint Industry Committee decision without consent.

The applicant union and intervener employer association requested reconsideration of a Board decision which found that a decision of the Joint Industry Committee (J.I.C.) was not binding on the respondent employer.

The applicants argued the Board made factual errors without hearing evidence and failed to recognize the J.I.C.'s authority.

The Board dismissed the request for reconsideration, finding that the employer had not consented to be bound by the J.I.C. decision and that the statute did not contemplate the J.I.C. exercising such authority over an individual employer without its consent.

The matter was referred to the Registrar to be scheduled for a hearing on the merits.

International Union of Elevator Constructors, Local #50 v. Beckett Elevator Company Limited, 1983 CanLII 912

John B. West

5 cases1983–1988

R. O. MacDowell

P.J. O'Keeffe