R. R. Montague

Patrick Kelly

OLRB0 cases1999–2019

J. A. Ronson

OLRBOntario Labour Relations BoardDec 18, 2000

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

A group of employees 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 union.

The Board directed that a representation vote be taken.

A Group of Employees of Millcroft Inn Limited v. Hotel & Restaurant Employee CAW Local 448, 2000 CanLII 8978

R. R. Montague

Mary Ellen Cummings

J. A. Ronson

OLRBOntario Labour Relations BoardDec 18, 2000

Union certification granted following successful representation votes in two agreed-upon bargaining units.

The applicant union applied for certification.

Following a representation vote where more than fifty per cent of the ballots in each of the two agreed-upon bargaining units were cast in favour of the applicant, the Ontario Labour Relations Board ordered that certificates issue to the applicant.

Universal Workers Union of Canada, Labourers’ International Union of North America Local 183 v. The Cadillac Fairview Corporation Limited, 2000 CanLII 8479

R. R. Montague

Mary Ellen Cummings

J. A. Ronson

Representation vote directed in certification application with ballot box sealed pending bargaining unit dispute resolution.

The applicant trade union applied for certification.

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

The Board directed that a representation vote be taken, with the ballot box sealed pending resolution of the bargaining unit dispute.

Individuals in disputed logging and road building positions were permitted to cast segregated ballots.

I.W.A. Canada, Local 2693 Industrial Wood & Allied Workers of Canada v. R. Fryer Forest Products Ltd., 2000 CanLII 11258

R. R. Montague

Laura Trachuk

J. A. Rundle

Union certification granted following successful representation vote.

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

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

Canadian Union of Public Employees v. Cancer Care Ontario, Northeastern Ontario Regional Cancer Centre, 2000 CanLII 10231

R. R. Montague

Mary Ellen Cummings

J. A. Ronson

Representation vote ordered in certification application for municipal employees.

The applicant trade union filed an application for certification to represent employees of the responding party municipality.

The Ontario Labour Relations Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that not less than forty percent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

The Board ordered a representation vote to be taken among the eligible employees in the voting constituency, with a direction to segregate the ballot of any individual holding the disputed position of water/sewage superintendent.

Local Union 636 of the International Brotherhood of Electrical Workers v. The Corporation of the Township of Tay, 2000 CanLII 6709

R. R. Montague

Laura Trachuk

J. A. Rundle

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 imposed a one-year bar on further applications for certification by the applicant for this bargaining unit.

Canadian Union of Public Employees v. Cambridge Association for the Mentally Handicapped, 2000 CanLII 9759

R. R. Montague

Laura Trachuk

J. A. Rundle

Union certification granted following a successful representation vote by hotel employees.

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

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 issued a certificate to the applicant.

The previously scheduled hearing dates were cancelled.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. WHWW Hotel (Riverside) Company, 2000 CanLII 10208

R. R. Montague

Laura Trachuk

J. A. Rundle

Application withdrawn with leave of the Board.

The applicant, Ontario Nurses' Association, sought to withdraw its application against the responding party, Royal Ottawa Health Care Group.

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

Ontario Nurses’ Association v. Royal Ottawa Health Care Group/Services de Santé Royal Ottawa, 2000 CanLII 9721

R. R. Montague

Mary Ellen Cummings

J. A. Ronson

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.

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

The Board found the applicant's proposed bargaining unit could be appropriate and that the numerical difference between the parties was not significant.

The Board directed that a representation vote be taken, with disputed clerical positions casting segregated ballots.

Brewery General & Professional Workers Union v. Eastern Wire & Conduit, 2000 CanLII 8146

R. R. Montague

J. A. Ronson

Caroline Rowan

OLRBOntario Labour Relations BoardDec 8, 2000

Application withdrawn with leave of the Board.

The applicant, Labourers' International Union of North America, Local 1059, sought to withdraw its application against the responding party, David Martin Enterprises (London) Limited.

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

Labourers’ International Union of North America, Local 1059 v. David Martin Enterprises (London) Limited, 2000 CanLII 9557

Timothy W. Sargeant

OLRB0 cases1997–2001

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardDec 7, 2000

OLRB issues certificate to union for agreed-upon bargaining unit at Sudbury Downs.

The applicant union informed the Registrar that it obtained registration from the Alcohol and Gaming Commission of Ontario.

Having regard to the agreement of the parties, the Ontario Labour Relations Board found the proposed bargaining unit of employees at Sudbury Downs appropriate for collective bargaining.

A certificate was ordered to issue to the applicant.

Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Counsel of the United Food and Commercial Workers International Union v. Sudbury Downs, A Division of MacRanald Enterprises Incorporated, 2000 CanLII 9732

R. R. Montague

J. A. Ronson

Caroline Rowan

OLRBOntario Labour Relations BoardDec 6, 2000

Board directed parties to file submissions regarding preliminary motions to dismiss an application.

The responding party raised preliminary motions to dismiss an application under section 96 of the Labour Relations Act, 1995, arguing that it failed to make out a case and should be dismissed for delay.

The Board directed the applicant to file submissions in response to the motions within ten days, specifying any disputed facts, and allowed the responding party five days to reply.

Communications, Energy and Paperworkers Union of Canada (C.E.P.) v. Progistix, 2000 CanLII 8826

R. R. Montague

J. A. Rundle

Caroline Rowan

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

The applicant union filed an application for certification.

Following a representation vote where not more than fifty per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.

A one-year bar on future applications by the applicant for the same bargaining unit was imposed.

United Food and Commercial Workers International Union Local 175 v. Hallmark Housekeeping Services Inc., 2000 CanLII 8910

R. R. Montague

J. A. Ronson

Caroline Rowan

Representation vote directed in application for termination of bargaining rights.

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

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

The Board directed that a representation vote be taken.

Suresh Kumar Ponnudurai v. United Steel Workers of America, Local 8300, 2000 CanLII 7727

Timothy W. Sargeant

OLRB0 cases1997–2001

R. R. Montague

J. A. Rundle

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application against the responding party.

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

Sarnia Construction Associates v. CH Industries Ltd., 2000 CanLII 1885

R. R. Montague

J. A. Ronson

Caroline Rowan

Representation vote ordered in displacement application for certification after responding party failed to file response.

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

The responding party failed to file a response within the stipulated time.

The Board found that the applicant is a trade union and that it appeared to have the requisite membership support of not less than forty percent.

The Board ordered a representation vote to be held, with segregated ballots for disputed positions.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Central Park Lodges of Canada Ltd., 2000 CanLII 11232

R. R. Montague

J. A. Rundle

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 percent 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 and imposed a one-year bar on further certification applications by the applicant for this bargaining unit.

United Food and Commercial Workers International Union Local 175 v. Hallmark Housekeeping Services Inc., 2000 CanLII 607

R. R. Montague

J. A. Ronson

Caroline Rowan

Representation vote directed in certification application after employer failed to file a response.

The applicant trade union applied for certification.

The responding party failed to file a response within the stipulated time.

The Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

The Board directed that a representation vote be taken of the eligible employees.

Labourers’ International Union of North America, Local 1059 v. David Martin Enterprises (London) Limited, 2000 CanLII 7439

R. R. Montague

J. A. Ronson

Caroline Rowan