R. R. Montague

J. A. Rundle

Gail Misra

Board declares OPSEU Local 665 as bargaining agent following successful representation vote.

The applicant employer applied for a determination regarding representation.

Following a representation vote where more than 50% of ballots were cast in favour of the Ontario Public Service Employees' Union, Local 665, the Board declared OPSEU Local 665 as the bargaining agent for the agreed-upon bargaining unit.

The Board further declared that the applicant was no longer bound to a collective agreement with the United Steelworkers of America, Local 6409.

Timiskaming Child and Family Service v. Ontario Public Service Employees’ Union, Local 665, 2000 CanLII 7310

R. R. Montague

J. A. Rundle

Gail Misra

Application withdrawn with leave of the Board.

The applicant union filed an application against the responding party employer before the Ontario Labour Relations Board.

The application was withdrawn with leave of the Board.

Amalgamated Transit Union, Local 1587 v. Greater Toronto Transit Authority (Go Transit), 2000 CanLII 7243

R. R. Montague

J. A. Rundle

Gail Misra

Application withdrawn with leave of the Board following minutes of settlement.

The applicant filed an application against the responding party.

Having regard to the Minutes of Settlement reached between the parties, the Ontario Labour Relations Board granted leave for the application to be withdrawn.

Ronald James Dunnet v. Regal Tent Production, 2000 CanLII 610

R. R. Montague

J. A. Rundle

Gail Misra

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw her application against the Canadian Union of Public Employees and its Local 1590.

The Ontario Labour Relations Board granted the request and the application was withdrawn with leave of the Board.

Marcia Morris v. Canadian Union of Public Employees and its Local 1590, 2000 CanLII 9190

R. R. Montague

J. A. Rundle

Gail Misra

Union certified as bargaining agent following successful representation vote.

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, the Ontario Labour Relations Board certified the union as the bargaining agent for the agreed-upon bargaining unit of employees at The Korea Times Ltd. in Toronto.

Communications, Energy & Paperworkers Union of Canada v. The Korea Times Ltd., 2000 CanLII 10538

R. R. Montague

J. A. Rundle

Gail Misra

OLRBOntario Labour Relations BoardOct 19, 2000

Board directs representation vote in union certification application.

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

The Board found that the applicant established sufficient membership support in its proposed bargaining unit to obtain a representation vote.

The Board directed that a representation vote be taken of the individuals in the voting constituency, with segregated ballots for disputed positions.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Syri-Con Corporation, 2000 CanLII 10653

R. R. Montague

J. A. Rundle

Gail Misra

OLRBOntario Labour Relations BoardOct 19, 2000

Board directs representation vote in union certification application after finding sufficient membership evidence.

The applicant trade union applied for certification to represent 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 membership evidence filed, the Board determined 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 among the eligible employees in the agreed-upon voting constituency.

National Automobile, Aerospace, Transportation & General Worker Union of Canada (CAW-Canada) v. Sincere Trading of K.B.A. Co-operative Ltd., 2000 CanLII 10447

R. R. Montague

J. A. Rundle

Gail Misra

OLRBOntario Labour Relations BoardOct 19, 2000

Representation vote ordered in certification application with ballots segregated due to bargaining unit dispute.

The applicant union applied for certification.

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

Two intervenor unions objected to the application on the grounds that applications had already been filed under the Public Sector Labour Relations Transition Act, 1997.

The Board found the applicant established sufficient membership support and ordered a representation vote.

Due to the dispute over the bargaining unit description, the Board directed that ballots be segregated and counted separately based on the employer's three proposed units, and ordered the ballot box sealed pending further agreement or order.

Ontario Public Service Employees Union v. Royal Ottawa Health Care Group/Services De Santé Royal Ottawa, 2000 CanLII 6360

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Unopposed application for declaration of successor trade union rights granted.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor, Service Employees International Union, Local 478, by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Board granted the declaration.

Service Employees International Union, Local 204 v. Service Employees International Union, Local 478, 2000 CanLII 7596

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Board grants unopposed application for declaration of successor trade union rights.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor trade union by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Ontario Labour Relations Board granted the declaration.

Hotel & Restaurant Employees CAW Local 448 v. Retail Wholesale Canada, Local 448, 2000 CanLII 7316

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Unopposed application for declaration of union successor rights granted.

The application was unopposed.

The Board granted the declaration, finding that the applicant had acquired the predecessor's rights, privileges, and duties.

Ontario Taxi Union CAW Local 1688 v. Retail Wholesale Canada, 2000 CanLII 7094

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Union certified as bargaining agent following successful representation vote.

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 statements of desire to make representations filed, the Ontario Labour Relations Board certified the union and ordered a certificate to issue.

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers (Cement Division) v. KPM Industries Ltd., 2000 CanLII 9768

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Application adjourned sine die on consent of the parties.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, based on the agreement of the parties.

If neither party requests to proceed within that time, the matter will be deemed terminated.

Retail, Wholesale Canada CAW Division Ontario Taxi Union, Local 1688 v. Blue Line Taxi Co. Ltd., 2000 CanLII 9075

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Union certification granted following successful representation vote.

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 no statement of desire to make representations filed, the Ontario Labour Relations Board found the agreed-upon bargaining unit appropriate.

A certificate was ordered to issue to the applicant.

Teamsters Chauffeurs, Warehousemen and Helpers Local Union No. 141 v. Duchess of Kent, Royal Canadian Legion Branch 263, 2000 CanLII 11011

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Representation vote directed for proposed bargaining unit at Woolwich Lodge.

The applicant trade union applied for certification to represent employees of Woolwich Lodge.

The Ontario Labour Relations Board found that the applicant is a trade union and that it appeared to have the requisite 40 percent membership support in the proposed bargaining unit.

The Board directed that a representation vote be held, with segregated ballots for disputed office and clerical staff positions.

United Food and Commercial Workers International Union Local 175 v. Woolwich Lodge, 2000 CanLII 6907

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Union certification application dismissed after failing to secure more than 50% of representation vote ballots.

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

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

No statement of desire to make representations was filed within the time fixed under Rule 62 of the Board's Rules of Procedure.

Consequently, the Board dismissed the application for certification and imposed a one-year bar on further applications by the applicant for the same bargaining unit.

United Steelworkers of America v. Noma Automotive, a Division of Noma Company, 2000 CanLII 6521

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Representation vote directed in union 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.

Based on the application material and membership evidence, the Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken.

Labourers’ International Union of North America, Local 837 v. SMS Modern Building Cleaning Services, 2000 CanLII 8564

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Board orders representation vote in certification application without sealing ballot box despite section 8.1 notice.

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

The Board found the applicant to be a trade union and determined the appropriate bargaining unit based on the parties' agreement.

Finding that at least 40% of the individuals in the proposed unit were union members, the Board directed a representation vote.

Although the employer gave notice under section 8.1 of the Act disagreeing with the union's estimate of individuals in the unit, the employer agreed to count the ballots, so the Board did not order the ballot box sealed.

Board Member Ronson dissented, arguing the vote should not take place or the ballot box should be sealed until the section 8.1 issues were resolved.

Communications, Energy and Paperworkers Union of Canada v. HGC Management Inc., 2000 CanLII 10458

Timothy W. Sargeant

R. R. Montague

J. A. Ronson