R. R. Montague

J. A. Ronson

Bram Herlich

Request for reconsideration of untimely application dismissal denied.

The applicant requested reconsideration of a prior Board decision that dismissed her application as untimely under section 63(1) of the Labour Relations Act, as less than one year had elapsed since the date of certification.

The Board dismissed the request for reconsideration, finding that absolutely no basis was provided to depart from the prior decision.

Jacqueline Russo v. United Steelworkers of America, 2001 CanLII 3732

R. R. Montague

J. A. Rundle

Bram Herlich

Board directs applicant to file materials establishing its trade union status for certification application.

The applicant filed an application for certification.

The responding party indicated it would consent to certification without a hearing if the applicant's trade union status was established.

The Board reviewed previous files cited by the applicant but could not identify a prior finding of trade union status.

The Board directed the applicant to file materials supporting its claim to be a trade union, after which the responding party could advise if it consented to a determination without an oral hearing.

Industrial Wood & Allied Workers of Canada (I.W.A. Canada Local 700) v. Uniform Countertops Inc., 2001 CanLII 11574

R. R. Montague

J. A. Ronson

Bram Herlich

Request for reconsideration of decision directing representation vote dismissed.

The Ontario Public Service Employees Union (OPSEU) requested reconsideration of a Board decision directing a representation vote between OPSEU and CUPE following a sale of a business.

OPSEU argued the decision was inconsistent with another recent Board decision where no vote was ordered despite similar union support levels.

The Board distinguished the cases based on the origins of the minority union's representation rights and dismissed the request for reconsideration.

Canadian Union of Public Employees an its Local 2119 v. Perth and Smith Falls District Hospital, 2001 CanLII 7189

R. R. Montague

J. A. Rundle

Caroline Rowan

Representation vote directed in application for termination of union bargaining rights.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the bargaining rights of the responding party union.

The Board found the application timely and that not less than forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken.

Jan Paliwoda v. CAW Local 461 of National Automobile, Aerospace, Transportation and General Workers’ Union of Canada, 2001 CanLII 17045

R. R. Montague

J. A. Ronson

Bram Herlich

OLRBOntario Labour Relations BoardMay 16, 2001

Union certification application dismissed after representation vote failed to achieve majority support.

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application for certification.

Christian Labour Association of Canada v. Plaster Form Designs Inc., 2001 CanLII 17508

R. R. Montague

J. A. Ronson

Caroline Rowan

OLRBOntario Labour Relations BoardMay 15, 2001

Motion to dismiss sale of business application denied; request for document production deferred.

The applicant union filed an application under section 69 of the Labour Relations Act, 1995, alleging a sale of a business.

The intervenor union requested that the application be dismissed without a hearing for failing to disclose a prima facie case, or alternatively, that the applicant provide all material facts and that documents be produced.

The Board dismissed the motion to dismiss, noting that one responding party employer did not object to the relief requested and the other took no position.

The Board directed the applicant to provide a statement of material facts not already pleaded.

The Board deferred the request for production of documents until after the parties met with the Labour Relations Officer.

Canadian Union of Public Employees and its Local 3977 v. Manitoulin-Sudbury Community Care Access Centre, 2001 CanLII 18887

R. R. Montague

J. A. Ronson

Bram Herlich

Union certification granted following a successful representation vote among school bus drivers.

The applicant union applied for certification to represent school bus drivers employed by the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board ordered that a certificate will issue to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. 1243055 Ontario Limited/1425461 Ontario Limited o/a Valley Bus Lines Ltd., 2001 CanLII 11604

R. R. Montague

J. A. Rundle

Caroline Rowan

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

Canadian Union of Public Employees and its Local 2119-01 v. 1278655 Ontario Inc. c.o.b. as Carleton Place Manor, 2001 CanLII 7554

R. R. Montague

J. A. Rundle

Caroline Rowan

Representation vote ordered in certification application for cemetery employees with segregated ballots for disputed classifications.

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

The Board found that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken, with segregated ballots for disputed individuals due to disagreements over the appropriate bargaining unit description and geographic scope.

Service Employees International Union, Local 210 v. Roman Catholic Cemetery (Diocese of London – Heavenly Rest Cemetery), 2001 CanLII 5645

R. R. Montague

J. A. Rundle

Caroline Rowan

Board declared union no longer represents employees after union abandoned bargaining rights.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party union no longer represents the employees in the bargaining unit.

The responding party advised by letter that it no longer wished to represent the employees.

Pursuant to section 63(17) of the Act, the Board declared that the responding party no longer represents the employees in the bargaining unit.

Extendicare (Canada) Port Stanley v. Service Employees International Union, Local 220 Registered Nurses (Full-Time), 2001 CanLII 18533

R. R. Montague

Patrick Kelly

OLRB0 cases1999–2019

J. A. Ronson

Board declined to impose a bar on future certification applications following union's pre-vote withdrawal.

The applicant union was previously granted leave to withdraw its application for certification prior to a scheduled representation vote.

The responding party employer requested that the Board impose a bar on future applications pursuant to section 7(9) of the Labour Relations Act, 1995, arguing that the union's admission of eroded support meant the employees' wishes had been tested with certainty.

The majority of the Board declined to impose a bar, finding that the mere admission of eroded support did not constitute proof that the employees' wishes had been sufficiently tested, nor did the applicant's actions constitute an abuse of process.

A dissenting Board member would have imposed a one-year bar.

Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 141 v. Rich-Wood Kitchens Ltd., 2001 CanLII 11951

R. R. Montague

J. A. Rundle

Caroline Rowan

Board granted an extension of time to file a response on consent.

The responding party, BFC Industrial, requested an extension of time to file a response.

With the applicant's agreement, the Board extended the deadline to May 18, 2001.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. DaimlerChrysler Canada, 2001 CanLII 19634

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote directed in application for certification of IKEA employees.

The applicant trade union filed an application for certification.

The Ontario Labour Relations Board found that the applicant is a trade union and that not less than forty per cent of the individuals in the proposed bargaining unit were members.

The Board directed that a representation vote be taken of the eligible employees, with segregated ballots for disputed loss prevention and security positions.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. IKEA Canada Limited Partnership, 2001 CanLII 11800

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote directed for proposed bargaining unit of North American Lumber Limited employees.

The applicant union applied for certification to represent employees of North American Lumber Limited in Fort Frances.

The Ontario Labour Relations Board found that the applicant is a trade union and that at least 40% of the individuals in the proposed bargaining unit were members.

The Board directed a representation vote to be held on May 15, 2001, and determined that the ballot box need not be sealed despite the employer's section 8.1 notice, as the discrepancies in estimates were not numerically relevant.

United Food & Commercial Workers International Union, Local 175 v. North American Lumber Limited, 2001 CanLII 12777

R. R. Montague

J. A. Ronson

Bram Herlich

Request for production and particulars deferred to the commencement of the hearing.

The applicant union requested production and particulars.

The Ontario Labour Relations Board directed that the request would be dealt with by the panel at the commencement of the hearing.

Brewery, General and Professional Workers Union v. The Corporation of the Town of Newmarket, 2001 CanLII 18192

R. R. Montague

J. A. Ronson

Bram Herlich

Union certified as bargaining agent for Lakehead University employees following successful representation vote.

The applicant union applied for certification to represent a bargaining unit of employees at Lakehead University.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board certified the applicant as the bargaining agent for the agreed-upon unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Lakehead University, 2001 CanLII 13108

R. R. Montague

J. A. Ronson

Anthony Brown

OLRB0 cases2000–2001

Certification application dismissed under section 8.1(5)[7] after union acknowledged lacking 40 per cent membership support.

The applicant trade union applied for certification but subsequently requested to withdraw or dismiss its application under section 8.1(5)[7] of the Labour Relations Act, acknowledging it did not have the requisite 40 per cent membership support in the proposed bargaining unit.

The responding party employer objected to a withdrawal without a one-year bar and costs.

The Board found that the conditions for dismissal under section 8.1(5)[7] were met, as the applicant failed to provide evidence of 40 per cent membership support.

The Board dismissed the application, noting that section 10(4) applies.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Techform Products Limited, 2001 CanLII 10686

R. R. Montague

J. A. Ronson

Bram Herlich

Representation vote directed for proposed bargaining unit at Canadian Blood Services Thunder Bay.

The applicant trade union filed an application for certification to represent employees of Canadian Blood Services Plasma Collection Centre in Thunder Bay.

The Ontario Labour Relations Board found that the applicant is a trade union 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 and noted the responding party's disagreement with the bargaining unit description and estimate of individuals, though the responding party agreed the ballots could be counted without sealing the ballot box.

Ontario Public Service Employees Union v. Canadian Blood Services Thunder Bay, 2001 CanLII 10586

R. R. Montague

J. A. Ronson

Bram Herlich