R. R. Montague

Patrick Kelly

J. A. Ronson

OLRBOntario Labour Relations BoardDec 27, 2000

Application withdrawn with leave of the Board.

The applicant union requested to withdraw its application.

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

United Food and Commercial Workers International Union, Local 175 v. Belfast Fruit Inc., 2000 CanLII 4784

R. R. Montague

Patrick Kelly

J. A. Ronson

OLRBOntario Labour Relations BoardDec 22, 2000

Board directs submissions on preliminary motions regarding jurisdiction and prima facie case in reprisal application.

The applicant filed an application under section 50 of the Occupational Health and Safety Act alleging an unlawful reprisal.

The responding party, the Ontario Provincial Police, sought to dismiss the application on a preliminary basis, arguing it failed to disclose a prima facie case and that section 50(8) of the Act removed the Board's jurisdiction.

The Board directed the applicant to provide submissions on the jurisdictional issue and directed the responding party to provide detailed written submissions on its prima facie motion.

Dan Kerr v. Ontario Provincial Police, 2000 CanLII 10016

R. R. Montague

Patrick Kelly

J. A. Ronson

Union certification granted following a successful representation vote.

The applicant union applied for certification to represent employees of the Gladstone Hotel.

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

Hotel Employees Restaurant Employees Union, Local 75 v. Gladstone Hotel, 2000 CanLII 10802

R. R. Montague

Patrick Kelly

J. A. Ronson

Board directs representation vote in application to terminate union's bargaining rights.

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

The Board found the application timely under section 63(2) of the Labour Relations Act, 1995, and that at least forty percent of the employees in the bargaining unit expressed a wish not to be represented by the union.

The Board directed a representation vote to be held on January 3, 2001.

Bargaining Unit Employees of Litton Canada Ltd. Kester Solder Division v. The National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 397, 2000 CanLII 9539

R. R. Montague

J. A. Rundle

Harry Freedman

OLRB0 cases1984–2001

Hearing adjourned and referred to a new panel after documents were inadvertently provided to the adjudicators.

The application was scheduled for a hearing before the Ontario Labour Relations Board.

Prior to the hearing, certain documents were inadvertently provided to the panel without the knowledge of the parties or the Registrar.

Due to concerns about the panel being tainted by these documents, the parties agreed to adjourn the hearing.

The Board removed and destroyed the documents from the file and referred the matter to the Registrar to be scheduled before a different panel.

Sherri Maynard v. International Association of Machinists and Aerospace Workers Local 1295, 2000 CanLII 1524

R. R. Montague

Patrick Kelly

J. A. Ronson

Union decertified after majority of employees vote against representation in Board-directed vote.

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

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, the Ontario Labour Relations Board declared that the union no longer represents the employees of the Fort Erie S.P.C.A.

Thomas John Leech v. Canadian Union of Public Employees and its Local 1287, 2000 CanLII 6811

Ronald Davis

6 cases1992–2026

Malcolm Smeaton

2 cases1989–2000

Leonard Marvy

87 cases1998–2018

Barry Scanlon

1 case2000–2000

R. R. Montague

J. A. Rundle

Harry Freedman

OLRB0 cases1984–2001

Employer violated settlement agreement by attempting to contract out community escort services at a new privately operated jail.

The applicant union filed an application under section 96 of the Labour Relations Act to enforce a written settlement regarding the contracting out of offender transportation services.

The responding party employer argued that the settlement did not apply to community escort services at a newly built, privately operated correctional facility.

The Board found that the settlement's language regarding offender transportation services was unqualified and encompassed community escorts at all facilities, including the new one.

The Board declared that the employer violated the settlement and ordered it to amend its Request for Qualifications to retain community escort work for bargaining unit members.

Ontario Public Service Employees Union v. The Crown in Right of Ontario (Management Board of Cabinet and Ministry of Correctional Services), 2000 CanLII 13604

R. R. Montague

Patrick Kelly

J. A. Ronson

Application to terminate bargaining rights dismissed as untimely because it was filed within one year of certification.

The applicant employees applied to terminate the responding party union's bargaining rights under section 63(1) of the Labour Relations Act, 1995.

The union had been certified on April 27, 2000, and the application was filed on December 18, 2000.

The Board dismissed the application as untimely, noting that section 63(1) provides a union with one year following certification to achieve a collective agreement before an application to terminate bargaining rights may be brought.

3 Bar Staff Employees of Fort William Moose Lodge #844 v. United Food and Commercial Workers International Union, 2000 CanLII 4928

R. R. Montague

Patrick Kelly

J. A. Ronson

Union certified as bargaining agent; employee status dispute deferred to collective bargaining process.

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

Following a representation vote where a majority of ballots were cast in favour of the union, the applicant requested a hearing to resolve a dispute concerning the status of certain employees under section 114(2) of the Labour Relations Act, 1995.

The Board declined to hold a hearing, finding that the dispute could not change the result of the application.

The Board directed the parties to attempt resolution through collective bargaining first, and issued a final decision certifying the applicant as the bargaining agent for the agreed-upon bargaining unit.

International Association of Machinists and Aerospace Workers v. Smarte Carte Canada Ltd., 2000 CanLII 2937

R. R. Montague

Patrick Kelly

J. A. Ronson

Board directs representation vote in displacement application for certification, denying intervenor's requests for delay.

The applicant union filed a displacement application for certification.

The Board found that the applicant is a trade union and that it appeared to have the requisite membership support of at least forty percent.

The Board directed a representation vote to be held.

The intervenor's requests to dismiss the application, delay the vote, or seal the ballot box based on alleged unfair practices and breaches of a court order and union constitution were denied.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Metcalfe Gardens Retirement Residence, St. Thomas, 2000 CanLII 7505

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote ordered in certification application with ballot box sealed pending resolution of intervenor's claim.

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

The responding party disputed the bargaining unit description and the number of employees, giving notice under section 8.1 of the Labour Relations Act, 1995.

An intervenor union claimed existing bargaining rights for some employees due to a transfer of ambulance services and requested consolidation with its related application.

The Board found the applicant established sufficient membership support and ordered a representation vote, but directed that the ballot box be sealed pending resolution of the intervenor's claims and the consolidation request.

Ontario Public Service Employees Union v. The Corporation of the County of Lambton, 2000 CanLII 2505

R. R. Montague

J. A. Ronson

Caroline Rowan

OLRB0 cases1999–2022

Adjournment granted to allow union to file intervention.

The Union of Employees of Glopak requested a brief adjournment to file its intervention in the application between Teamsters Local Union 91 and Glopak Inc. The Board granted the adjournment to December 22, 2000.

Teamsters Local Union 91 v. Glopak Inc., 2000 CanLII 8491

R. R. Montague

J. A. Ronson

Caroline Rowan

OLRB0 cases1999–2022

Applications withdrawn with leave of the Board.

The applicants sought to withdraw their applications before the Ontario Labour Relations Board.

The Board granted leave and the applications were withdrawn.

Vinzon v. Teamsters Local Union No. 230, 2000 CanLII 1646

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote directed in displacement application for certification; intervenor's requests to delay or seal ballots denied.

The applicant trade union filed a displacement application for certification.

The Board found that the applicant is a trade union under the Labour Relations Act, 1995, and that it appeared to have the requisite membership support.

The Board directed a representation vote.

The intervenor requested that the application be dismissed, the vote delayed, or the ballot box sealed due to alleged unfair practices and breaches of a court order and union constitution.

The Board dismissed the intervenor's requests, noting it had rejected similar submissions in previous decisions, and ordered the vote to proceed as scheduled.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Phillips Services Inc., 2000 CanLII 6807

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote directed in displacement application for certification; intervenor's requests to dismiss or seal ballot box denied.

The applicant union filed a displacement application for certification.

The Board found the applicant to be a trade union and that it appeared to have the requisite 40% membership support.

The Board directed a representation vote.

The intervenor requested that the application be dismissed or the ballot box sealed due to alleged unfair practices and breaches of a court order and union constitution.

The Board denied the intervenor's requests, noting it had rejected similar submissions in previous decisions.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Phillips Services Inc., 2000 CanLII 10882

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote directed in union certification application with segregated ballots for disputed positions.

The applicant trade union filed an application for certification.

The Ontario Labour Relations Board determined that the applicant met the statutory definition of 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, ordering that ballots cast by individuals in disputed positions be segregated and not counted until further order or agreement.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Car Canada Corporation, 2000 CanLII 6044

R. R. Montague

Patrick Kelly

J. A. Ronson

OLRBOntario Labour Relations BoardDec 19, 2000

Representation vote directed in displacement application for certification of library board employees.

The applicant union filed a displacement application for certification regarding employees of the responding party.

The Ontario Labour Relations Board found the applicant to be a trade union under the Labour Relations Act, 1995.

Based on the agreement of the parties on the appropriate bargaining unit and the membership evidence filed, the Board directed that a representation vote be taken to determine whether the employees wish to be represented by the applicant or the intervenor.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Bruce County Public Library Board, 2000 CanLII 4294

R. R. Montague

Patrick Kelly

J. A. Ronson

OLRBOntario Labour Relations BoardDec 19, 2000

Representation votes directed and ballots sealed in displacement applications for certification at nine nursing homes.

The applicant trade union filed displacement applications for certification for full-time and part-time employees at nine nursing home locations operated by the responding party.

The responding party and intervenor unions disputed the proposed bargaining units and the applicant's membership support.

The Board found the applicant established sufficient membership support to warrant representation votes.

The Board directed that segregated representation votes be held for both the full-time and part-time units, with the ballot boxes sealed pending a hearing to determine the appropriate bargaining unit configurations.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Extendicare (Canada) Inc., 2000 CanLII 1616

R. R. Montague

Patrick Kelly

J. A. Ronson