R. R. Montague

Patrick Kelly

J. A. Ronson

Certification granted to applicant union after winning representation vote; intervenor's request for delay denied.

The applicant union applied for certification to represent employees at Hanover and District Hospital.

The intervenor union requested a postponement of the certificate issuance pending a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

The Board declined to delay the issuance, noting that a representation vote had already been held where more than 50 percent of the ballots were cast in favour of the applicant.

The Board found no valid reason to delay the final determination and ordered that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Hanover and District Hospital, 2000 CanLII 13247

R. R. Montague

Patrick Kelly

J. A. Ronson

Board issues certification certificate, rejecting intervenor's request to delay pending external court and union proceedings.

The applicant union applied for certification to represent employees at the responding party's care centre.

The intervenor union requested a postponement of the certificate issuance pending a contempt motion in Superior Court and internal Canadian Labour Congress proceedings.

The Board declined to delay the issuance, noting that previous panels had already rejected similar arguments and that section 10 of the Labour Relations Act, 1995 mandates certification when more than 50 percent of ballots are cast in favour of the applicant.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Trinity Village Care Centre, 2000 CanLII 13248

R. R. Montague

Laura Trachuk

J. A. Ronson

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

The Christian Labour Association of Canada applied for certification as the bargaining agent for employees of Waltron Limited.

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.

Christian Labour Association of Canada v. Waltron Limited, 2000 CanLII 10858

R. R. Montague

Patrick Kelly

J. A. Ronson

Union certification granted; Board refused to postpone issuance of certificate pending external litigation.

The applicant union applied for certification to displace the intervenor union.

Following a representation vote where more than 50 percent of the ballots were cast in favour of the applicant, the intervenor requested that the Board postpone issuing a certificate pending a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

The Board dismissed the request, finding no valid reason to delay the final determination and noting that section 10 of the Labour Relations Act, 1995 directs the Board to certify the applicant in these circumstances.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Trinity Village Care Centre, 2000 CanLII 13244

R. R. Montague

Laura Trachuk

J. A. Ronson

Application withdrawn with leave of the Board.

The applicant, Ontario Public Service Employees Union, sought to withdraw its application against the Metropolitan Toronto Housing Authority.

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

Ontario Public Service Employees Union v. Metropolitan Toronto Housing Authority, 2000 CanLII 3851

R. R. Montague

Patrick Kelly

J. A. Ronson

Board issues certification certificate, rejecting intervenor's request to postpone pending external litigation.

The applicant union applied for certification to represent office and clerical employees at the responding party hospital.

The intervenor union requested a postponement of the certificate issuance pending a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

The Board declined to postpone, noting that previous panels had already rejected similar arguments and that section 10 of the Labour Relations Act, 1995 mandates certification when more than 50 percent of ballots are cast in favour of the applicant.

As the representation vote resulted in more than 50 percent in favour of the applicant, the Board ordered a certificate to issue.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Hanover and District Hospital, 2000 CanLII 13246

R. R. Montague

Patrick Kelly

J. A. Ronson

Board issues certification certificate, declining intervenor's request to postpone pending external proceedings.

The applicant union applied for certification to represent employees at Hanover and District Hospital.

The intervenor union requested that the Board postpone issuing a certificate pending the disposition of a contempt motion in Superior Court and proceedings under the Canadian Labour Congress constitution.

The Board declined to delay the final determination, noting that more than 50 percent of the ballots cast in the representation vote were in favour of the applicant.

The Board found no discretion under section 10 of the Labour Relations Act, 1995 to postpone the certificate and ordered that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Hanover and District Hospital, 2000 CanLII 13231

R. R. Montague

Laura Trachuk

J. A. Ronson

Application withdrawn with leave of the Board on consent of the parties.

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

Pursuant to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

Communications, Energy and Paperworkers Union of Canada and its Local 324 v. Cheryl Selman Dryden Mohawk, 2000 CanLII 8791

R. R. Montague

Laura Trachuk

J. A. Ronson

In Private Practice33 cases2000–2024

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 applications for certification by the applicant for the same bargaining unit.

Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union v. Houde and Perreault Inc. carrying on business as Houde’s Supermarket Loeb, 2000 CanLII 7248

Michael A. Church

51 cases1982–2026

John Rioux

1 case2000–2000

Jay Nusca

1 case2000–2000

Greg McGinnis

David Brown

6 cases1982–2012

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardApr 27, 2000

Anthony Brown

OLRB0 cases2000–2001

Adjournment granted to hear certification application together with newly filed unfair labour practice complaint.

The applicant union sought to adjourn the hearing of its certification application so it could be heard together with a newly filed section 96 unfair labour practice application concerning the termination of an employee.

The responding party employer opposed the adjournment, arguing the matters should be heard separately and it needed time to prepare.

The Board granted the adjournment, finding the applicant's explanation for the late filing reasonable and noting an overlap in evidence and witnesses between the pre-vote and post-vote events.

The Board directed the matters be scheduled together.

Brotherhood of Maintenance of Way Employees v. CLN Industries Inc., 2000 CanLII 13474

R. R. Montague

Patrick Kelly

J. A. Rundle

Board directs representation vote for proposed bargaining unit in union certification application.

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

The Ontario Labour Relations Board found that the applicant is a trade union under the Labour Relations Act, 1995, and 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 and ordered the responding party to post the required notices.

The United Food and Commercial Workers International Union Local 175 v. L & V Poultry Processing Ltd., 2000 CanLII 8594

R. R. Montague

Patrick Kelly

J. A. Rundle

Representation vote ordered in displacement application; request to seal ballot box denied.

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 and that it had filed sufficient membership evidence to warrant a representation vote.

The intervenor requested that the vote not be held or that the ballot box be sealed due to alleged unfair labour practices and ongoing proceedings before the Canadian Labour Congress.

The Board ordered the representation vote to proceed and declined to seal the ballot box, noting that similar objections had been dismissed in related applications.

National Automobile, Aerospace, Transportation & General Workers’ Union of Canada (CAW-Canada) v. Bruce Retirement Villa, 2000 CanLII 12098

R. R. Montague

Patrick Kelly

J. A. Rundle

Board directs representation vote in displacement application and declines intervenor's request to seal ballot box.

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

The Board found that the applicant is a trade union and that it appeared to have the requisite 40% membership support.

The Board directed a representation vote.

The intervenor requested that the vote not be held or that the ballot box be sealed due to alleged unfair labour practices and ongoing proceedings before the Canadian Labour Congress.

Relying on previous similar decisions, the Board declined to seal the ballot box and directed that the vote proceed.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. St. Mary’s General Hospital, 2000 CanLII 12097

R. R. Montague

Patrick Kelly

J. A. Rundle

Representation vote directed in displacement application; intervenor's request to seal ballot box denied.

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

The Board found that the applicant is a trade union and that the requisite membership evidence was provided.

The Board directed a representation vote.

The intervenor requested that no vote be held or that the ballot box be sealed pending a hearing into alleged unfair labour practices.

The Board declined to seal the ballot box, noting that similar objections had been dismissed in related applications.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Blue Water Rest Home, 2000 CanLII 12096

R. R. Montague

Patrick Kelly

J. A. Rundle

Representation vote ordered in displacement application; request to seal ballot box denied.

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 appeared to have the requisite membership support and ordered a representation vote.

The Board dismissed the intervenor's request to seal the ballot box pending a hearing into alleged unfair labour practices, noting that similar objections had been dismissed in related applications.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Blue Water Rest Home, 2000 CanLII 12093

R. R. Montague

Patrick Kelly

J. A. Rundle

Application withdrawn with leave of the Board.

The applicant requested to withdraw his application against the responding party union.

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

Errol Smith v. Teamsters Local Union 938, 2000 CanLII 3588

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardApr 14, 2000

Bram Herlich

OLRB0 cases1990–2026

Representation vote directed in application for certification after union demonstrated requisite membership support.

The applicant trade union filed an application for certification to represent employees of the responding party.

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

The Board directed that a representation vote be taken, with segregated ballots for disputed 'quality employee' positions.

Communications, Energy and Paperworkers Union of Canada v. Embridge Blue Flame, 2000 CanLII 1112

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardApr 14, 2000

Bram Herlich

OLRB0 cases1990–2026

Representation vote directed in certification application despite disputes over bargaining unit composition.

The applicant trade union applied for certification.

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 for the purposes of section 8.1 and directed that a representation vote be taken, with any ballots from disputed classifications to be segregated.

Communications, Energy and Paperworkers Union of Canada, Local 87M Southern Ontario Newspaper Guild v. Kitchener-Waterloo Record (A Division of Torstar Daily Newspaper Group Inc.), 2000 CanLII 4214

R. R. Montague

J. A. Ronson