R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardSep 5, 2000

Brian McLean

OLRB0 cases1998–2026

One-year bar on certification applications applies when union withdraws after representation vote ballots are cast.

The applicant union withdrew its application for certification after a representation vote was held but before the ballots were counted.

The responding party argued that a one-year bar on subsequent applications should be imposed under section 7(10) of the Labour Relations Act, 1995.

The union argued the bar only applies if the ballots are counted.

The Board held that the plain meaning of 'after the representation vote is taken' in section 7(10) means after the employees cast their ballots, regardless of whether they are counted.

The Board imposed a one-year bar on any subsequent certification application by the union.

International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, Local 58 v. Toronto Symphony Orchestra, 2000 CanLII 12109

R. R. Montague

Marilyn Silverman

J. A. Ronson

OLRBOntario Labour Relations BoardAug 30, 2000

Application withdrawn with leave of the Board following settlement.

The applicant filed an application against the responding party.

Having regard to a settlement filed by the parties, the Ontario Labour Relations Board granted leave for the application to be withdrawn.

Lisa May Ralph v. Mike Maroney c/o St. Catharines Towing Inc., 2000 CanLII 10479

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Union successor rights application adjourned pending verification of required notice posting to affected employees.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights of its predecessor union.

The Board noted that there was no verification that the required notice of the application had been posted for affected employees.

The Board adjourned the application and directed the applicant to provide verification of posting or the location of employees within 30 days, failing which the application would be deemed dismissed.

CAW Local 461 v. Retail Wholesale Canada, Local 461, 2000 CanLII 12631

R. R. Montague

Marilyn Silverman

J. A. Ronson

Board grants joint application for early termination of collective agreement.

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

Notices of the application were posted on the employer's premises, and no objections were filed by any affected employees.

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

Workers Co-Operative of Consumers (Fort William) Limited v. United Food and Commercial Workers International Union, Local 175, 2000 CanLII 8215

R. R. Montague

Marilyn Silverman

J. A. Ronson

Board directs responding parties to post required Notice to Employees and extends terminal date.

The applicant union filed an application under section 69 and subsection 1(4) of the Labour Relations Act, 1995.

The responding parties failed to post the required Notice to Employees.

The Board directed the responding parties to immediately post the required material and extended the terminal date by ten days.

United Steelworkers of America v. Marsh Engineering Limited, 2000 CanLII 9107

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Successor rights application adjourned pending applicant's verification of notice posting to affected employees.

The applicant trade union applied under section 68 of the Labour Relations Act, 1995 for a declaration of successor rights.

The Board requires the responding party to post a notice of the application for affected employees, and the applicant must verify this posting.

The applicant failed to verify the posting despite numerous attempts by the Registrar's office.

The Board adjourned the matter, directing the applicant to provide the required posting information within 30 working days, failing which the application would be deemed dismissed.

Retail, Wholesale Dairy & General Workers’ CAW Local 440 v. Retail Wholesale Canada, Local 440, 2000 CanLII 12634

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Successor union application adjourned pending verification that required notices were posted for affected employees.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration of successor trade union status.

The Board required the responding parties to post a notice of the application for affected employees.

The applicant failed to verify the posting or notify the Registrar of any failure to post.

The Board adjourned the matter and directed the applicant to provide the necessary information within 30 days, failing which the application would be deemed dismissed.

Retail, Wholesale Dairy & General Workers’ CAW Local 440 v. Retail Wholesale Canada, Local 440, 2000 CanLII 12633

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Successor rights application adjourned pending applicant's verification that notice was posted to affected employees.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration of successor rights.

The Board's rules require the responding party to post a notice of the application for affected employees, and the applicant to verify the posting.

The applicant failed to verify the posting despite numerous attempts by the Registrar's office to contact them.

The Board adjourned the application and directed the applicant to provide the required posting information within 30 days, failing which the application would be deemed dismissed.

Hotel & Restaurant Employees CAW Local 448 v. Retail Wholesale Canada, Local 448, 2000 CanLII 12632

R. R. Montague

J. A. Ronson

Anthony Brown

Representation vote ordered in displacement certification application, with ballot box sealed pending timeliness determination.

The applicant trade union filed a displacement application for certification.

The intervenor objected to the application, arguing it should be dismissed due to alleged breaches of a court order, the Canadian Labour Congress Constitution, and the Board's Rules of Procedure, as well as being untimely under section 7(4) of the Labour Relations Act, 1995.

The Board dismissed the technical and constitutional objections and ordered a representation vote.

However, given the timeliness objection, the Board directed that the ballot box be sealed until the timeliness issue is resolved.

One Board Member dissented, stating a vote should not be ordered until the timeliness issues were resolved.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Wilson Memorial Hospital (Full Time Unit), 2000 CanLII 9428

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Successor rights application adjourned pending verification of required employee notice posting.

The applicant trade union applied under section 68 of the Labour Relations Act, 1995 for a declaration of successor rights.

The Board noted that the applicant failed to verify that the required notices of the application had been posted for affected employees, despite numerous attempts by the Registrar's office to obtain this information.

The Board adjourned the application and directed the applicant to provide the necessary posting information within 30 days, failing which the application would be deemed dismissed.

Ontario Taxi Union CAW Local 1688 v. Retail Wholesale Canada, Local 1688, 2000 CanLII 12630

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Successor rights application adjourned pending applicant's verification of notice posting to affected employees.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration of successor rights.

The Board requires the responding party to post a notice of the application for affected employees, and the applicant must verify this posting.

The applicant failed to verify the posting despite numerous attempts by the Registrar's office to contact them.

The Board adjourned the matter, directing the applicant to provide proof of posting or the location for the Board to post the notice within 30 days, failing which the application would be deemed dismissed.

CAW Local 414 v. Retail Wholesale Canada, Local 414, 2000 CanLII 12629

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Union succession application adjourned pending verification that notice was posted for affected employees.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights of its predecessor union.

The Board requires the responding party to post a notice of the application for affected employees, and the applicant must verify this posting.

Despite numerous attempts by the Registrar's office, no verification of posting was received.

The Board adjourned the application, directing the applicant to provide the required posting information within 30 days, failing which the application would be deemed dismissed.

CAW Local 414 v. Retail Wholesale Canada, Local 414, 2000 CanLII 12628

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Successor rights application adjourned pending verification of required notice posting to affected employees.

The applicant trade union applied under section 68 of the Labour Relations Act, 1995 for a declaration of successor rights.

The Board noted that there was no verification that the required notices of the application had been posted for affected employees.

The Board adjourned the application and directed the applicant to provide verification of posting or the locations for a Labour Relations Officer to post the notices within 30 days, failing which the application would be deemed dismissed.

CAW Local 1000 v. Retail Wholesale Canada, Local 1000, 2000 CanLII 12627

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Successor rights application adjourned pending verification of required employee notice posting.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration of successor rights.

The Board noted that there was no evidence that the required notices of the application had been posted for affected employees, nor had the applicant verified the posting or notified the Registrar of a failure to post.

The Board adjourned the application and directed the applicant to provide the necessary information regarding the posting within 30 working days, failing which the application would be deemed dismissed.

Retail, Wholesale Dairy & General Workers’ CAW Local 440 v. Retail Wholesale Canada, Local 440, 2000 CanLII 12625

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Successor rights application adjourned pending applicant's verification that notice was posted to affected employees.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration of successor trade union rights.

The Board requires the responding party to post a notice of the application to affected employees, and the applicant must verify this posting.

The applicant failed to verify the posting despite numerous attempts by the Registrar's office.

The Board adjourned the matter, directing the applicant to provide the necessary information within 30 days, failing which the application would be deemed dismissed.

CAW Local 1000 v. Retail Wholesale Canada, Local 1000, 2000 CanLII 12620

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Successor union application adjourned for 30 days due to applicant's failure to verify notice posting.

The applicant trade 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 union.

The Board's rules require the responding party to post a notice of the application for affected employees and the applicant to verify the posting.

The applicant failed to verify the posting despite numerous attempts by the Registrar's office to obtain this information.

The Board adjourned the application, directing the applicant to provide the required posting information within 30 days, failing which the application would be deemed dismissed.

CAW Local 461 v. Retail Wholesale Canada, Local 461, 2000 CanLII 12619

R. R. Montague

J. A. Ronson

Anthony Brown

Representation vote ordered in displacement certification application, with ballot box sealed pending timeliness determination.

The applicant union filed a displacement application for certification.

The intervenor union objected to the application on several grounds, including alleged breaches of a court order, the union constitution, and the Board's Rules of Procedure, as well as an objection that the application was untimely under section 7(4) of the Labour Relations Act, 1995.

The majority of the Board dismissed the technical objections and ordered a representation vote, but directed that the ballot box be sealed until the timeliness issue is resolved.

One Board member dissented, stating he would not order a vote until the timeliness issues were resolved.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Manitouwadge General Hospital (Part Time Unit), 2000 CanLII 10677

R. R. Montague

J. A. Ronson

Anthony Brown

Representation vote ordered in displacement application with ballot box sealed pending resolution of timeliness objection.

The applicant union filed a displacement application for certification.

The Board dismissed the preliminary objections regarding the court order, constitution, and procedural rules, and directed that a representation vote be held.

However, due to the timeliness objection, the Board ordered that the ballot box be sealed until the timeliness issue is resolved.

Board Member Ronson dissented, stating he would not order a vote until the timeliness issues were resolved.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Manitouwadge General Hospital (Full Time Unit), 2000 CanLII 7701

Timothy W. Sargeant

R. R. Montague

J. A. Rundle