R. R. Montague

R. R. Montague

J. A. Ronson

Application for certification dismissed after union failed to win majority in representation vote.

The United Steelworkers of America applied for certification as the bargaining agent for employees of The Opinicon Limited.

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 further certification applications by the applicant was imposed.

United Steelworkers of America v. The Opinicon Limited, 2000 CanLII 7072

R. R. Montague

J. A. Ronson

Caroline Rowan

Union certified as bargaining agent following a 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 in which more than fifty per cent 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.

A certificate was ordered to issue to the applicant.

The Canadian National Federation of Independent Unions (CNFIU) v. Complete Auto Network of Canada Ltd., 2000 CanLII 6968

R. R. Montague

J. A. Ronson

Caroline Rowan

Union certified as bargaining agent following a successful representation vote.

The applicant union applied for certification as the bargaining agent for 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 found the agreed-upon bargaining unit appropriate.

The Board directed that a certificate issue to the applicant and cancelled previously set meeting and hearing dates.

Ontario Public Service Employees Union v. Norkapp Youth Residence Inc., 2000 CanLII 9128

R. R. Montague

J. A. Ronson

Caroline Rowan

Union certified as bargaining agent after winning representation vote.

The applicant union applied for certification to represent a bargaining unit of employees at the responding party's workplace.

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 certified the union as the exclusive bargaining agent for the agreed-upon bargaining unit.

Industrial, Wood & Allied Workers of Canada (I.W.A. Canada) v. Marona Kitchen Mfg. Inc., 2000 CanLII 10867

Russell Goodfellow

R. R. Montague

J. A. Ronson

Certification application dismissed after union failed to win majority in representation vote; one-year bar imposed.

The applicant union applied for certification.

A representation vote was held, and not more than 50% 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 applications for certification by the applicant for this bargaining unit.

Christian Labour Association of Canada v. Koprash Investments Inc. o/a Sunlite Floor Cleaners, 2000 CanLII 9357

Russell Goodfellow

R. R. Montague

J. A. Ronson

Union certification granted following a successful representation vote by employees.

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

The Board directed that a certificate issue to the applicant and cancelled previously set meeting and hearing dates.

Ontario Public Service Employees Union v. Kinark Child and Family Services, 2000 CanLII 10553

R. R. Montague

J. A. Ronson

Caroline Rowan

Leave granted to amend application to add a responding party.

The applicant union requested leave to amend its application to add Java Joe's Ltd. as a responding party.

The Ontario Labour Relations Board granted the request and referred the matter to the Registrar to re-process the application.

Canadian Union of Public Employees, Local 5001 v. University Health Network, 2000 CanLII 3768

Russell Goodfellow

R. R. Montague

J. A. Ronson

Application withdrawn with leave of the Board.

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

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

United Food and commercial Workers International Union Local 175 v. Hurley Corporation, 2000 CanLII 4362

R. R. Montague

J. A. Ronson

Caroline Rowan

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

The applicant union applied for certification as the bargaining agent for the employees of the responding party.

A representation vote was held, but the union failed to obtain more than 50% of the ballots cast.

As no statement of desire to make representations was filed, the Ontario Labour Relations Board dismissed the application and imposed a one-year bar on future certification applications by the union for this bargaining unit.

Communications, Energy and Paperworkers Union of Canada v. Bell Distribution Inc. c.o.b. as Bell World, 2000 CanLII 8004

Russell Goodfellow

R. R. Montague

J. A. Ronson

Representation vote ordered in displacement application; ballot box not sealed despite section 8.1 notice.

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 had the requisite 40% membership support and ordered a representation vote.

The majority declined to seal the ballot box based on the employer's section 8.1 notice, finding it numerically irrelevant.

One Board Member dissented, arguing that the vote should be delayed or the ballot box sealed until the section 8.1 issues were resolved.

Canadian Union of Operating Engineers and General Workers (CUOE) v. William Neilson Limited, 2000 CanLII 11029

Russell Goodfellow

R. R. Montague

J. A. Ronson

Representation vote directed in certification application; ballot box not sealed despite section 8.1 notice.

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

The 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.

Although the responding party disputed the bargaining unit description and gave notice under section 8.1 of the Labour Relations Act, 1995, the Board found the notice was not numerically relevant and directed that the ballots be counted.

A dissenting Board member argued that the ballot box should be sealed until the section 8.1 issues were resolved.

Canadian Union of Public Employees v. Cliffcrest Community Centre, 2000 CanLII 10178

Russell Goodfellow

R. R. Montague

J. A. Ronson

Representation vote ordered in certification application; employer's request to seal ballot box denied.

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

The Board found that the applicant is a trade union and that at least 40% of the individuals in the proposed bargaining unit were members.

The Board directed a representation vote.

The responding party gave notice under section 8.1 of the Labour Relations Act, 1995, but the Board found the proposed bargaining unit could be appropriate and the notice was not numerically relevant, so the ballot box would not be sealed.

Board Member Ronson dissented, arguing the ballot box should be sealed until the section 8.1 issues were resolved.

Hotel, Hospitality and Casino Workers Union v. Niagara Resorts Incorporated Operating as The Hampton Inn, 2000 CanLII 8820

R. R. Montague

J. A. Ronson

Caroline Rowan

Board grants consent to early termination of collective agreement on joint application.

The applicant and responding party filed a joint application for the Board's consent to the early termination of their collective agreement.

Notices were posted on the employer's premises, and no objections were filed by the deadline.

The Board granted its consent to the early termination of the collective agreement.

Textile Rental Institute of Ontario v. United Food and Commercial Workers Union, Local 206, 2000 CanLII 8217

R. R. Montague

J. A. Ronson

Caroline Rowan

Representation vote ordered in displacement application for certification between competing trade unions.

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

The Ontario Labour Relations Board found that the applicant appeared to have the requisite membership support of at least forty percent of the proposed bargaining unit.

The Board directed that a representation vote be held, with voters asked to choose between the applicant and the intervenor.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Chateau Gardens Queens Nursing Home, 2000 CanLII 13252

R. R. Montague

J. A. Ronson

Caroline Rowan

Representation vote ordered in certification application despite employer's section 8.1 notice regarding bargaining unit estimate.

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

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 had established sufficient membership support to order a representation vote.

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

The dissenting Board member would have sealed the ballot box until the section 8.1 issues were resolved at a hearing.

Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, Local 338T v. Tobacco Workers (Guelph) Credit Union, 2000 CanLII 9862

R. R. Montague

J. A. Ronson

Caroline Rowan

Board grants joint application for early termination of collective agreement.

The applicant employer and responding union filed a joint application for the Board's consent to the early termination of their collective agreement.

Notices were posted on the employer's premises, and no objections were filed by the deadline.

The Board granted its consent to the early termination of the collective agreement.

Canadian Linen Supply Company Limited v. United Food and Commercial Workers Union, Local 206, 2000 CanLII 7630

R. R. Montague

J. A. Ronson

Caroline Rowan

Application withdrawn with leave of the Board.

The applicant, Canadian Union of Public Employees Local 3261, sought to withdraw its application against the responding party, The University of Toronto Press Incorporated.

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

Canadian Union of Public Employees Local 3261 v. The University of Toronto Press Incorporated, 2000 CanLII 2348

R. R. Montague

J. A. Ronson

Caroline Rowan

Unopposed application for union successor rights declaration 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 the predecessor union by reason of a merger, amalgamation, or transfer of jurisdiction.

As the application was unopposed, the Board granted the declaration.

Service Employees International Union, Local 204 v. Service Employees International Union, Local 478, 2000 CanLII 9590

R. R. Montague

J. A. Ronson

Caroline Rowan