R. R. Montague

R. R. Montague

J. A. Ronson

Certification application dismissed and one-year bar imposed after union lost representation vote.

The applicant union applied for certification.

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

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

Industrial Wood and Allied Workers of Canada v. Stress-crete Limited, 2000 CanLII 3629

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Board directs representation vote for agreed-upon bargaining unit in certification application.

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

The Board found the applicant to be a trade union under the Labour Relations Act, 1995, and determined the appropriate bargaining unit based on the parties' agreement.

Finding that at least forty percent of the individuals in the proposed unit were members of the union, the Board directed that a representation vote be held.

National Automobile, Aerospace, Transportation and General workers’ Union of Canada (CAW-Canada) v. Crown East Steel Fabricators, 2000 CanLII 4877

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Application terminated following a settlement between the parties.

The applicant, University of Toronto Press Inc., filed an application against the Canadian Union of Public Employees and its Local 3261.

The parties reached a settlement resolving all issues in the matter.

Consequently, the Ontario Labour Relations Board terminated the proceeding.

University of Toronto Press Inc. v. Canadian Union of Public Employees and its Local 3261, 2000 CanLII 2385

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Representation vote ordered in certification application despite employer's section 8.1 notice and independent contractor claims.

The applicant trade union filed an application for certification.

The employer filed a section 8.1 notice disagreeing with the union's estimate of the number of individuals in the bargaining unit and argued the individuals were independent contractors.

The Board found that regardless of the number used, the union had the requisite forty percent membership support.

The Board ordered a representation vote and directed that any ballots cast by disputed individuals be segregated.

The Board declined to seal the ballot box.

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

International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, Local 58 v. Stage West All-Suite Hotel & Theatre Restaurant, 2000 CanLII 7115

R. R. Montague

Patrick Kelly

OLRB0 cases1999–2019

J. A. Rundle

OLRBOntario Labour Relations BoardAug 8, 2000

Board directed a hearing on the claim of abandoned bargaining rights due to issue complexity.

The employer and intervenors filed submissions regarding a claim of abandoned bargaining rights and the Minister of Labour's authority to appoint a conciliation officer.

The parties argued that bargaining rights had not been abandoned and that the Board could not dismiss a reference from the Minister without a hearing under Rule 46.

The Board found the issues sufficiently complex to warrant a full hearing and directed the Registrar to schedule the matter.

Upsala Forest Products Limited v. Industrial Wood & Allied Workers of Canada, Local 2693, 2000 CanLII 12679

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardAug 8, 2000

Brian McLean

OLRB0 cases1998–2026

Application dismissed following settlement between the parties.

The applicant union filed an application against the responding parties.

Having regard to the settlement reached by the parties, the Ontario Labour Relations Board dismissed the application.

Power Workers’ Union, Canadian Union of Public Employees, Local 1000 v. West Lincoln Hydro-Electric Commission, 2000 CanLII 3727

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardJul 27, 2000

Anthony Brown

OLRB0 cases2000–2001

Union certified as bargaining agent for office and clerical employees following successful representation vote.

The applicant union applied for certification for a bargaining unit of 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 applicant, and the parties having settled outstanding issues, the Ontario Labour Relations Board certified the applicant as the bargaining agent for the agreed-upon unit.

Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 141 v. Greenline Resins Inc., 2000 CanLII 8203

Sylvia Groom

1 case2000–2000

Mark Flannigan

4 cases1995–2001

Georgina Watts

19 cases1995–2026

Charles E. Humphrey

2 cases1993–2000

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardJul 26, 2000

Anthony Brown

OLRB0 cases2000–2001

Representation vote not delayed; employer failed to prove workforce build-up was reasonably certain.

The union applied for certification to represent employees at the employer's manufacturing plants.

The employer argued that the representation vote should be delayed under the 'build-up' principle, as it planned to significantly expand its workforce by opening new production lines.

The Board found that while the employer had a firm plan to expand its physical capacity, it was not reasonably certain that this would result in a sufficient increase in the number of employees within a reasonable time to justify delaying the vote.

The Board declined to apply the build-up principle, counted the ballots, and issued a certificate to the union.

United Food and Commercial Workers International Union Local 175 v. Parisco Limited, 2000 CanLII 13326

Richard J. Charney

In Private Practice64 cases1985–2025

Nick E. Milanovic

3 cases2000–2001

Michael McFadden

10 cases1994–2005

Andrew K. Lokan

In Private Practice82 cases1993–2026

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardJul 24, 2000

Brian McLean

OLRB0 cases1998–2026

Representation vote ordered for intermingled office employees following sale of business; outside unit rights terminated.

The applicant union applied under section 69 of the Labour Relations Act, 1995, alleging a sale of part of Ontario Hydro's business to the Bracebridge Hydro-Electric Commission.

The parties agreed that a sale and intermingling of employees had occurred following a municipal takeover under the Power Corporation Act.

The Board determined that the existing bargaining structure of separate 'inside' (office) and 'outside' units should be maintained.

The Board ordered a representation vote for the office employees, as the applicant formerly represented a sufficient percentage (one of three) of the intermingled employees.

However, the Board declined to order a vote for the outside employees, as the applicant formerly represented only 10% of that unit, and terminated the applicant's bargaining rights with respect to the outside unit.

Power Workers Union Canadian Union of Public Employees, Local 1000 v. Bracebridge Hydro-Electric Commission, 2000 CanLII 12272

R. R. Montague

J. A. Rundle

Caroline Rowan

OLRBOntario Labour Relations BoardJul 18, 2000

Union certified as bargaining agent following a successful representation vote.

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

Following a representation vote where more than fifty percent of the ballots cast were in favour of the union, and with no objections filed, the Ontario Labour Relations Board found the proposed bargaining unit appropriate.

The Board ordered that a certificate be issued to the applicant union.

La Fédération des Enseignantes-Enseignants des Écoles Secondaires de l’Ontario / FEÉSO c. Centre de Services familiaux de Prescott et Russell, 2000 CanLII 17185

R. R. Montague

J. A. Rundle

Caroline Rowan

Representation vote directed in union certification application.

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 that it had established sufficient membership support in its proposed bargaining unit to warrant a representation vote.

The Board directed that a representation vote be held, with provisions for segregating ballots of individuals in disputed positions, such as lead hands.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Redpath Custom Packaging, 2000 CanLII 6139

R. R. Montague

J. A. Rundle

Caroline Rowan

Application for certification withdrawn by leave of the Board.

The applicant union sought to withdraw its application for certification.

The Ontario Labour Relations Board granted leave to withdraw the application and cancelled any previously set meeting and hearing dates.

The responding party was directed to post copies of the decision.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. The Hunt Brothers Limited, 2000 CanLII 13070

R. R. Montague

J. A. Rundle

Christopher J. Albertyn

OLRB0 cases1998–2025

Decertification application dismissed after representation vote failed to show majority opposition to the union.

The applicant sought to withdraw his application for decertification after a representation vote was held.

The Board noted that issues regarding alleged confusion surrounding the vote would be addressed in a separate file.

Because not more than fifty percent of the ballots cast were in opposition to the responding party union, the Board dismissed the application without a hearing.

Jim L. Thompson v. United Brotherhood of Carpenters and Joiners of America, Local 3054, 2000 CanLII 13489

R. R. Montague

J. A. Rundle

Caroline Rowan

Representation vote ordered in application for union certification.

The applicant trade union filed an application for certification.

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

The Board ordered a representation vote to be held, with segregated ballots for individuals whose managerial exclusion or bargaining unit inclusion was in dispute between the parties.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Hurley Corporation, 2000 CanLII 6825

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardJul 13, 2000

Gail Misra

OLRB0 cases1994–2025

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

The applicant union applied for certification.

Following a representation vote where not more than 50% of the ballots were cast in favour of the applicant, and no statements of desire to make representations were filed, the Ontario Labour Relations Board dismissed the application.

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

Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union v. Unicco Facility Services Canada Company, 2000 CanLII 10441

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardJul 12, 2000

Anthony Brown

OLRB0 cases2000–2001

Union declared bargaining agent for employees at Jeanne Sauve Family Services.

The Ontario Labour Relations Board declared the Ontario Public Service Employees Union as the bargaining agent for a specified unit of employees at Jeanne Sauve Family Services, following a lack of submissions from the responding parties.

Ontario Public Service Employees Union v. North Cochrane District Family Services, 2000 CanLII 11828

R. R. Montague

J. A. Rundle

Caroline Rowan

OLRBOntario Labour Relations BoardJul 12, 2000

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 were cast in favour of the applicant.

No statement of desire to make representations was filed.

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

Bakery, confectionery, Tobacco Workers and Grain Millers International Union, Local 264 v. Irwin Seating Company Inc., 2000 CanLII 6232

R. R. Montague

J. A. Rundle

Caroline Rowan

OLRBOntario Labour Relations BoardJul 12, 2000

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

The Canadian Union of Public Employees applied for certification as the bargaining agent for employees of Iron Range Bus Lines Inc. Following a representation vote where not more than 50% of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.

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

Canadian Union of Public Employees v. Iron Range Bus Lines Inc., 2000 CanLII 8684

R. R. Montague

J. A. Ronson

Caroline Rowan