R. R. Montague

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardDec 5, 2000

Application withdrawn with leave of the Board.

The applicant, The Corporation of the Municipality of Campbellford/Seymour, sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

The Corporation of the Municipality of Campbellford/Seymour v. Local 636 of the International Brotherhood of Electrical Workers, AFL-CIO-CFL (Campbellford Unit), 2000 CanLII 4709

R. R. Montague

J. A. Ronson

Caroline Rowan

OLRBOntario Labour Relations BoardDec 5, 2000

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

The applicant union applied for certification.

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

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for the same bargaining unit.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. CTS of Canada Limited, 2000 CanLII 3637

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Application withdrawn with leave of the Board.

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

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Canadian Union of Public Employees Local 1287 v. Canadian Mental Health Association Niagara South Branch, 2000 CanLII 3356

R. R. Montague

J. A. Ronson

Caroline Rowan

Representation vote directed in displacement application for union certification.

The applicant union filed a displacement application for certification.

The Board found the applicant to be a trade union under the Labour Relations Act, 1995, and that it had established sufficient membership support in its proposed bargaining unit.

The Board directed that a representation vote be taken of the eligible employees to determine whether they wish to be represented by the applicant or the intervenor union.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. The Fort William Clinic, 2000 CanLII 10141

R. R. Montague

J. A. Ronson

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Application withdrawn with leave of the Board.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 to withdraw the application.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Taylor Steel Inc., 2000 CanLII 4564

R. R. Montague

J. A. Ronson

Caroline Rowan

Applicant directed to re-deliver application for termination of bargaining rights after responding party claimed non-receipt.

The applicant filed an application for termination of bargaining rights and claimed to have delivered it to the responding party via Xpresspost.

The responding party's counsel informed the Board that the application was not received.

The Board directed the applicant to deliver a further copy of the application and file a new certificate of delivery, giving the responding party ten days from receipt to file a response.

ABC Taxi (Brockville) Ltd. and Safedrive Inc. v. Retail Wholesale, Canada, 2000 CanLII 2312

Stephen Raymond

OLRB0 cases2000–2001

R. R. Montague

J. A. Ronson

Board directed parties to submit positions on a union's request for intervenor status.

The Service Employees International Union, Local 220 sought intervenor status in a matter between the United Food and Commercial Workers International Union, Local 333 and Leisure World Inc. The Ontario Labour Relations Board directed all parties to submit their positions on the intervention request by December 18, 2000, and deferred the determination of intervenor status to the scheduled hearing.

United Food and Commercial Workers International Union, Local 333 v. Leisure World Inc., 2000 CanLII 9814

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.

The Board found the applicant to be a trade union under the Labour Relations Act, 1995, and that it appeared to have the requisite 40% membership support in the proposed bargaining unit.

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

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Livingston International Inc., 2000 CanLII 7682

R. R. Montague

J. A. Ronson

Caroline Rowan

Representation vote ordered in displacement application for certification by CAW-Canada.

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

The Ontario Labour Relations Board found that the applicant established sufficient membership support (not less than 40%) in the proposed bargaining unit.

The Board directed that a representation vote be taken among the eligible employees to determine whether they wish to be represented by the applicant or the intervenor.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. The Windsor-Essex County Real Estate Board, 2000 CanLII 6358

R. R. Montague

J. A. Ronson

Caroline Rowan

Union certification granted following successful representation vote and agreement on bargaining unit description.

The applicant union applied for certification.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with the parties agreeing on the bargaining unit description, the Ontario Labour Relations Board issued a final decision without a hearing.

A certificate was issued to the applicant.

Industrial, Wood & Allied Workers of Canada (I.W.A. Canada) v. Sodexho Marriott Services Canada Ltd., 2000 CanLII 3888

R. R. Montague

J. A. Ronson

Caroline Rowan

Board directs representation vote in displacement application for certification.

The applicant trade union filed a displacement application for certification.

The Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that it appeared to have the requisite membership support of not less than forty per cent of the individuals in the proposed bargaining unit.

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. The Corporation of the County of Bruce, 2000 CanLII 8465

R. R. Montague

J. A. Ronson

Caroline Rowan

Application withdrawn with leave of the Board.

The applicant, Canadian Cereal Workers, CLC Local 101, sought to withdraw its application against the responding parties, Service Employees International Union (SEIU) and Kraft Canada Inc. The Ontario Labour Relations Board granted leave to withdraw the application.

Canadian Cereal Workers, CLC Local 101 v. Service Employees International Union (SEIU) and Kraft Canada Inc., 2000 CanLII 5507

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardDec 1, 2000

Union decertified after majority of employees vote 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 cast by employees were in opposition to the union, the Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer.

The application was granted and previously set hearing dates were cancelled.

Angela Schaerer v. United Food & Commercial Workers International Union, Local 633, 2000 CanLII 7775

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardDec 1, 2000

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

United Food and Commercial Workers Union, Local 175/633 v. Bracebridge Villa Retirement Residence, 2000 CanLII 4966

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Representation vote ordered in union certification application; majority declines to seal ballot box despite employer's disagreement.

The applicant trade union applied for certification to represent employees of Fellowship Towers.

The Board found that the union met the 40% membership threshold required to order a representation vote.

The employer disagreed with the union's estimate of the number of individuals in the bargaining unit and requested that the ballot box be sealed under section 8.1 of the Labour Relations Act, 1995.

The majority of the Board declined to seal the ballot box, finding that the 40% threshold was met regardless of which estimate was used.

A representation vote was ordered.

Board Member Rundle dissented, arguing that section 8.1(4) mandates sealing the ballot box when the employer gives notice of disagreement.

Christian Labour Association of Canada v. Yonge-Rosedale Charitable Organization, O/A Fellow Towers, 2000 CanLII 9136

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Representation vote ordered without sealing ballot box despite employer's section 8.1 notice.

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

The Board found that the union had the requisite 40% membership support in the proposed bargaining unit and ordered a representation vote.

Although the employer filed a notice under section 8.1 of the Labour Relations Act, 1995 disagreeing with the union's estimate of the number of individuals in the bargaining unit, the Board declined to seal the ballot box, finding that the union met the 40% threshold regardless of which estimate was used.

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

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Qualitec Foods Inc. aka Quality Technology Foods Inc., 2000 CanLII 9086

Stephen Raymond

OLRB0 cases2000–2001

R. R. Montague

J. A. Rundle

Union certification granted following a successful representation vote.

The applicant union applied for certification to represent 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 statement of desire to make representations filed, the Board found the agreed-upon bargaining unit appropriate.

A certificate was ordered to issue to the applicant.

Canadian Union of Public Employees v. Atrium Villa Holdings Inc. c.o.b. as Atrium Villa, 2000 CanLII 7096

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Employer directed to produce arguably relevant employment records in a duty of fair representation complaint.

The applicant brought a duty of fair representation complaint against the responding union under section 74 of the Labour Relations Act, 1995.

The applicant requested the production of employment records for himself and two other employees from the intervenor employer.

The employer opposed the request.

The Board found the requested material to be arguably relevant and directed the employer to produce the information.

Bryan Hisko v. Sheet Metal Workers’ International Association Local 47, 2000 CanLII 9988

Stephen Raymond

OLRB0 cases2000–2001

R. R. Montague

J. A. Rundle