R. R. Montague

Patrick Kelly

J. A. Ronson

OLRBOntario Labour Relations BoardJun 1, 2001

Application adjourned sine die for up to one year on consent.

The applicant union requested an adjournment of its application.

The Ontario Labour Relations Board consented to adjourn the matter sine die for a period not exceeding one year, noting that the application would be deemed terminated if neither party requested to proceed within that time.

United Food and Commercial Workers International Union, Locals 175/633 v. Maple Leaf Meats Inc., 2001 CanLII 10240

R. R. Montague

Patrick Kelly

J. A. Ronson

OLRBOntario Labour Relations BoardJun 1, 2001

Application adjourned sine die for up to one year on consent.

The applicant requested an adjournment sine die.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

IWA-Canada v. The Animal Shelter for Huntsville, 2001 CanLII 6024

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote directed for part-time mailroom employees and delayed three days to ensure meaningful participation.

The applicant trade union applied for certification to represent part-time mailroom employees of the responding party newspaper.

The Board found that the applicant is a trade union and that it filed sufficient membership evidence to warrant a representation vote.

The responding party requested that the vote be delayed beyond the standard five-day period because very few employees were scheduled to work on the proposed date.

The Board agreed to delay the vote by three days to ensure a meaningful vote.

A dissenting Board member would have ordered the vote within the standard five-day period.

Communications, Energy and Paperworkers Union of Canada, Local 87-M Southern Ontario Newspaper Guild v. Kitchener-Waterloo Record, 2001 CanLII 3017

R. R. Montague

Patrick Kelly

J. A. Ronson

Union certification granted following a successful representation vote.

The applicant union applied for certification to represent a bargaining unit of employees at Galbocca Fixtures Inc. Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, the Ontario Labour Relations Board directed that a certificate issue to the applicant.

Milk & Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union No. 647 v. Galbocca Fixtures Inc., 2001 CanLII 11966

R. R. Montague

Patrick Kelly

J. A. Ronson

Extension of time granted for filing Statements of Representations.

The applicant union requested an extension of time to file its Statement of Representations.

The Ontario Labour Relations Board granted the request, extending the union's deadline to June 13, 2001, and concomitantly extending the responding party's deadline to June 27, 2001.

Canadian Union of Public Employees, Local 2597 v. Community Living-South Huron, 2001 CanLII 18712

R. R. Montague

Patrick Kelly

J. A. Ronson

Application withdrawn with leave of the Board.

The applicant submitted correspondence requesting to withdraw its application before the Ontario Labour Relations Board.

The Board considered the request and granted leave for the withdrawal.

The application was consequently withdrawn.

Society of Energy Professionals v. Toronto Hydro-Electric System Limited, 2001 CanLII 2629

R. R. Montague

Patrick Kelly

J. A. Ronson

Union decertified after majority of employees voted in opposition during representation vote.

The applicant applied to terminate the bargaining rights of the responding party union.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer.

Domenic Sampogna v. Canadian Union of Operating Engineers and General Workers, 2001 CanLII 15142

R. R. Montague

Patrick Kelly

J. A. Ronson

In Private Practice60 cases1985–2025

Extension of time to file submissions granted to the responding party.

The responding party requested an extension of time until June 28, 2001, to file its submissions, noting that the applicant had been granted a similar extension.

As the hearing was scheduled for June 26, 2001, the Board granted an extension to June 22, 2001.

Canadian Union of Public Employees, Local 3426 v. Superior Greenstone District Association for Community Living, 2001 CanLII 18978

Susan Jegins

1 case2001–2001

Richard J. Charney

Richard Anstruther

7 cases1994–2001

John Evans

14 cases2001–2017

David Still

1 case2001–2001

Cathy Blewett

1 case2001–2001

Anne K. Gallop

3 cases2001–2015

R. R. Montague

J. A. Rundle

Brian McLean

OLRB0 cases1998–2012

Related employer application dismissed without a hearing as its purpose was to extend bargaining rights.

The applicant trade union filed a related employer application under section 1(4) of the Labour Relations Act, 1995, seeking a declaration that the Toronto Symphony Orchestra and Roy Thomson Hall are related employers.

The responding party brought a motion to dismiss the application without a hearing, arguing there was no labour relations purpose for the declaration.

The Board found that the union's admitted purpose was to extend its bargaining rights to other locations, rather than to preserve existing rights.

Concluding that the application had no reasonable prospect of success, the Board exercised its discretion under Rule 46 to dismiss the application without a hearing on the merits.

International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, Local 58 v. Toronto Symphony Orchestra, 2001 CanLII 9774

R. R. Montague

Patrick Kelly

J. A. Ronson

Application withdrawn by the union.

The applicant union withdrew its application before the Ontario Labour Relations Board following correspondence from its counsel.

Ottawa-Carleton Public Employees Union, Local 503, CUPE v. Humane Society of Ottawa-Carleton, 2001 CanLII 4258

R. R. Montague

Patrick Kelly

J. A. Ronson

Matter adjourned sine die for up to one year upon applicant's request.

The applicant requested an adjournment of the matter.

The Ontario Labour Relations Board granted the request and adjourned the matter sine die for a period not exceeding one year, noting that it would be deemed terminated if neither party requested to proceed within that time.

United Steelworkers of America v. Plasti-Drain Ltée, 2001 CanLII 9110

R. R. Montague

Patrick Kelly

J. A. Ronson

Union certification application dismissed after applicant conceded lack of necessary membership support.

The applicant union requested that its application for certification be dismissed pursuant to section 8.1(5) of the Labour Relations Act, 1995, conceding to the responding party's objection that it lacked the necessary membership support.

The Ontario Labour Relations Board dismissed the application, cancelled previously set hearing dates, and ordered the destruction of ballots cast in the representation vote.

United Food and Commercial Workers International Union v. Toronto Bagel - Canada, 2001 CanLII 2407

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardMay 28, 2001

Caroline Rowan

OLRB0 cases1999–2022

Board declares sale of business and defines bargaining unit following representation vote.

The Kenora District Services Board applied to the Ontario Labour Relations Board regarding a sale of business and representation vote.

Following an agreement between the parties and a representation vote, the Board declared a sale of business from several hospitals and health centres to the applicant.

The Board also defined the appropriate bargaining unit and ordered that the Memorandum of Settlement govern the determination of the successful bargaining agent.

Kenora District Services Board v. Canadian Union of Public Employees and its Local 822, 2001 CanLII 14842

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardMay 28, 2001

Bram Herlich

OLRB0 cases1990–2001

Union permitted to withdraw certification application without conditions or bar on future applications.

The union sought to withdraw its application for certification prior to a representation vote.

The responding employer requested that the Board impose conditions on the withdrawal or bar subsequent applications for a period of time under sections 7(8) and 7(9) of the Labour Relations Act, 1995.

The Board declined to exercise its discretion to impose conditions or a bar, finding the employer's assertions regarding incorrect union estimates and workplace disruption insufficient.

The application was withdrawn by leave of the Board.

One Board Member dissented.

International Union of Painters and Allied Trades, Local 1819 v. Regal Aluminum (1993) Inc., 2001 CanLII 11200

R. R. Montague

Patrick Kelly

J. A. Rundle

OLRBOntario Labour Relations BoardMay 28, 2001

Representation vote directed in union certification application.

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

The Ontario Labour Relations Board found that the applicant is a trade union under the Labour Relations Act, 1995, and that at least forty percent of the individuals in the proposed bargaining unit were members.

The Board directed that a representation vote be taken.

Canadian Union of Public Employees v. Black Coalition for AIDS Prevention, 2001 CanLII 4254

Timothy W. Sargeant

OLRB0 cases1997–2001

R. R. Montague

J. A. Rundle

Application withdrawn with leave of the Board.

The applicant sought to withdraw her application against the responding party union.

The Ontario Labour Relations Board granted leave to withdraw the application.

Cindy Wrightson v. CAW Local 27, 2001 CanLII 4879

Timothy W. Sargeant

OLRB0 cases1997–2001

R. R. Montague

J. A. Rundle

Application withdrawn with leave of the Board.

The applicant sought to withdraw her application against the responding party union.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Patsy Pope v. Brewery, General and Professional Workers’ Union, 2001 CanLII 2560

R. R. Montague

J. A. Rundle

Caroline Rowan

OLRB0 cases1999–2022

Motion to dismiss unfair labour practice complaint for lack of prima facie case denied.

The responding party union brought a motion to dismiss the employer's unfair labour practice complaint for failing to make out a prima facie case, or alternatively, to consolidate it with the union's own complaint.

The Ontario Labour Relations Board declined to dismiss the employer's application without a hearing, noting that the discretion to dismiss for lack of a prima facie case should only be exercised in the clearest of cases.

The Board directed that the two applications be heard together, leaving the formal decision on consolidation to the hearing panel.

Apollo Health & Beauty Care v. United Food & Commercial Workers International Union, Local 175, 2001 CanLII 20037

Timothy W. Sargeant

OLRB0 cases1997–2001

R. R. Montague

J. A. Rundle