R. R. Montague

J. A. Ronson

Caroline Rowan

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union applied for certification.

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

The Ontario Labour Relations Board dismissed the application and directed the parties to section 10(3) of the Labour Relations Act, 1995 regarding future applications.

Canadian National Federation of Independent Unions v. William Neilson Limited, 2001 CanLII 9399

R. R. Montague

J. A. Ronson

Caroline Rowan

Representation vote directed in displacement application for certification.

The applicant union filed a displacement application for certification to represent employees currently represented by the intervenor union.

Upon examining the application and membership evidence, the Ontario Labour Relations Board found that the applicant appeared to have the requisite forty percent membership support in the proposed bargaining unit.

The Board directed that a representation vote be taken to allow eligible employees to choose between the applicant and the intervenor.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Kannampuzha Holdings Ltd. c.o.b. as Exeter Villa, 2001 CanLII 16408

R. R. Montague

Patrick Kelly

OLRB0 cases1999–2019

J. A. Ronson

Applications for religious exemption from union dues scheduled for hearing due to insufficient written materials.

The applicants, registered nurses and members of the Seventh-day Adventist Church, applied for religious exemption from union membership and dues under section 52 of the Labour Relations Act, 1995.

The applications were uncontested by the responding trade union and employer.

However, the Board found the filed materials insufficient to determine whether the statutory requirements were met, as no collective agreement was filed and it was unclear if the impugned agreement was a first collective agreement.

The Board directed the Registrar to schedule the matters for a hearing.

Facey v. Ontario Nurses Association, 2001 CanLII 5518

R. R. Montague

J. A. Ronson

Caroline Rowan

Application to terminate bargaining rights dismissed as majority of employees did not vote against union.

The applicants filed an application to terminate the bargaining rights of the responding party union.

A representation vote was held, and not more than fifty percent of the ballots cast by employees in the bargaining unit were in opposition to the union.

Consequently, the Ontario Labour Relations Board dismissed the application and directed the destruction of the ballots.

Ramcharan v. Teamsters Local #419, 2001 CanLII 6345

R. R. Montague

J. A. Ronson

Caroline Rowan

Application for certification withdrawn with leave of the Board.

The applicant union requested to withdraw its application for certification via correspondence.

The Ontario Labour Relations Board granted the request and permitted the application to be withdrawn with leave of the Board, directing the parties' attention to section 7(10) of the Labour Relations Act, 1995 regarding any future applications.

Industrial, Wood & Allied Workers of Canada (I.W.A. Canada) v. Strategic Communications Inc., 2001 CanLII 12557

R. R. Montague

J. A. Ronson

Caroline Rowan

Application withdrawn with leave of the Board.

The applicant, International Association of Machinists and Aerospace Workers Local Lodge 1788, sought to withdraw its application against the responding party, Invar Manufacturing Ltd. The Ontario Labour Relations Board granted leave to withdraw the application.

International Association of Machinists and Aerospace Workers Local Lodge 1788 v. Invar Manufacturing Ltd., 2001 CanLII 4856

R. R. Montague

J. A. Ronson

Caroline Rowan

Union certification granted following a successful representation vote and agreement between the parties.

The applicant union applied for certification as the bargaining agent for a unit of employees of 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 outstanding issues in dispute between the parties, the Ontario Labour Relations Board issued a final decision without a hearing.

The Board defined the appropriate bargaining unit and directed that a certificate issue to the applicant.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Athletica, Inc., 2001 CanLII 7605

R. R. Montague

J. A. Ronson

Caroline Rowan

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application.

The Ontario Labour Relations Board granted the request and permitted the application to be withdrawn with leave of the Board.

The responding party was directed to post copies of the decision for affected employees.

Canadian Union of Public Employees v. Family and Children’s Services of Guelph and Wellington County, 2001 CanLII 20528

R. R. Montague

J. A. Ronson

Caroline Rowan

Board directed applicant union to file submissions regarding the timeliness of its displacement certification application.

The applicant union filed a displacement application for certification.

The responding party employer and the intervenor union asserted that the application was untimely under the Labour Relations Act, 1995 and the Hospital Labour Disputes Arbitration Act.

The Ontario Labour Relations Board directed the applicant to file submissions in response to the timeliness issue within two days.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Copper Terrace Nursing Home, 2001 CanLII 17440

R. R. Montague

J. A. Ronson

Caroline Rowan

Representation vote directed in certification application for hospital nurses.

The applicant trade union applied for certification to represent registered and graduate nurses employed by the responding hospital.

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 a representation vote, with provisions for segregating ballots of individuals in disputed positions.

Ontario Nurses’ Association v. Collingwood General and Marine Hospital, 2001 CanLII 7890

R. R. Montague

J. A. Ronson

Caroline Rowan

Representation vote directed for proposed bargaining unit of security services employees.

The applicant trade union applied for certification to represent employees of Westco Security Services Corp. in Toronto.

The Board found the applicant to be a trade union under the Labour Relations Act, 1995, and determined the appropriate bargaining unit based on the parties' agreement.

Finding that at least forty percent of the individuals in the proposed unit were members of the union, the Board directed that a representation vote be held.

Teamsters Local Union No. 419 v. Westco Security Services Corp., 2001 CanLII 10988

R. R. Montague

J. A. Ronson

Caroline Rowan

Representation vote directed in union certification application despite employer's dispute over bargaining unit composition.

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

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the numerical difference between the parties was not significant and that the applicant established sufficient membership support to obtain a representation vote.

The Board directed that a representation vote be taken, with any ballots cast by individuals in disputed managerial positions to be segregated.

International Union of Operating Engineers, Local 793 v. Township of Carlow/Mayo, 2001 CanLII 11381

R. R. Montague

J. A. Rundle

Caroline Rowan

Board directed applicant to deliver missing forms and extended responding party's deadline to file response.

The responding party notified the Board that the applicant failed to include blank copies of the Response to Application Regarding Employee Status and the Notice to Responding Party with the application.

The Board directed the applicant to deliver the missing forms forthwith and extended the deadline for the responding party to file a response to ten days after the date of delivery.

Social Science Employees Association v. SSEA Staff Union, 2001 CanLII 19244

R. R. Montague

J. A. Ronson

Caroline Rowan

Union certification granted following a successful representation vote.

The applicant union applied for certification.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, and with no statements of desire filed, the Ontario Labour Relations Board ordered that a certificate issue to the applicant for the agreed-upon bargaining unit.

Service Employees International Union, Local 210 v. Essex Condominium Corporation No. 17 (Royal Windsor Terrace), 2001 CanLII 14207

R. R. Montague

J. A. Rundle

Caroline Rowan

Extension of time to file a response granted to the responding party.

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

The Ontario Labour Relations Board granted the extension to April 27, 2001, noting that the hearing was scheduled to commence on May 1, 2001.

Ontario Public Service Employees Union v. Northern Cables Inc., 2001 CanLII 7367

R. R. Montague

J. A. Rundle

Caroline Rowan

Representation vote ordered in union certification application; majority declines to seal ballot box.

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

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The majority of the Board found that the applicant established sufficient membership support and directed a representation vote, declining to seal the ballot box.

A dissenting Board member would have directed the ballot box to be sealed pursuant to section 8.1(4) of the Act.

Industrial Wood & Allied Workers of Canada (I.W.A. Canada) v. Niagara Duty Free Shop Inc., 2001 CanLII 8163

R. R. Montague

Laura Trachuk

OLRB0 cases1993–2001

J. A. Ronson

OLRBOntario Labour Relations BoardApr 23, 2001

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

The applicant union and responding university agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if neither party requests to proceed.

York University Staff Association v. York University, 2001 CanLII 3937

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardApr 18, 2001

Brian McLean

OLRB0 cases1998–2012

Union certified for Kingston bargaining unit but application dismissed for Belleville/Bancroft unit following representation votes.

The applicant union applied for certification for two bargaining units: Kingston and Belleville/Bancroft.

Following representation votes, the union failed to secure more than fifty per cent of the ballots in the Belleville/Bancroft unit, resulting in the dismissal of that portion of the application.

However, the union secured more than fifty per cent of the ballots in the Kingston unit.

The Board issued a certificate for the Kingston bargaining unit.

Ontario Public Service Employees Union v. All-Care Health Services Limited, 2001 CanLII 6327

R. R. Montague

J. A. Ronson