R. R. Montague

Patrick Kelly

J. A. Ronson

OLRBOntario Labour Relations BoardApr 5, 2000

Union certification granted following a successful representation vote by employees.

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 applicant, and with no statements of desire to make representations filed, the Board ordered that a certificate issue to the applicant.

The Board also defined the appropriate bargaining unit based on the agreement of the parties.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Cyrville Chrysler Ltd., 2000 CanLII 7553

R. R. Montague

Laura Trachuk

J. A. Ronson

Representation vote directed for proposed bargaining unit of guards at Nanticoke Generating Station.

The applicant trade union applied for certification to represent a bargaining unit of guards employed by Ontario Power Generation Inc. at the Nanticoke Generating Station.

The Ontario Labour Relations Board found that the applicant is a trade union and that at least 40 per cent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken.

Power Workers’ Union CUPE Local 1000 – C.L.C. v. Ontario Power Generation Inc., 2000 CanLII 8337

R. R. Montague

Laura Trachuk

J. A. Ronson

Representation vote directed in certification application despite responding party's section 8.1 notice regarding bargaining unit appropriateness.

The applicant trade union filed an application for certification.

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

The responding party gave notice under section 8.1 of the Labour Relations Act, 1995, contending the proposed bargaining unit could not be appropriate.

The Board directed that a representation vote be taken and deferred the issue of the bargaining unit description to a post-vote hearing if necessary.

Industrial Wood & Allied Workers of Canada (I.W.A. – Canada), Local 2995 v. North Cochrane Addiction Services, 2000 CanLII 11274

R. R. Montague

Laura Trachuk

J. A. Ronson

Board relieved against strict application of rules where applicant initially served application to wrong address.

The applicant filed an application under section 50 of the Occupational Health and Safety Act but initially served it on the wrong address for the responding party.

The responding party requested that the application not be processed due to non-compliance with the Board's rules requiring service prior to filing.

The Board exercised its discretion to relieve against the strict application of the rules and directed the responding party to file its response within 10 days.

Carlo Alessio v. Teknion Furniture Systems Ltd., 2000 CanLII 12144

R. R. Montague

Laura Trachuk

J. A. Ronson

Board directs applicant to advise if it wishes to proceed with its application or face termination.

The applicant filed an application under section 96 of the Labour Relations Act, 1995.

A Labour Relations Officer attempted to contact the applicant to determine if it wished to proceed but was unsuccessful.

The Board directed the applicant to advise by a specified date whether it intended to proceed, failing which the application would be terminated.

I.W.A. Canada, Local 2693 v. McKenzie Forest Products Inc., 2000 CanLII 12202

R. R. Montague

Laura Trachuk

J. A. Ronson

Board granted applicants' request to adjourn processing of the application.

The applicants requested an adjournment of the processing of their application.

The Ontario Labour Relations Board granted the request and adjourned the matter until April 18, 2000.

Sharon Ing RN & Mary Hickey RN v. SEIU Local 204, 2000 CanLII 9374

R. R. Montague

Laura Trachuk

J. A. Ronson

Request to adjourn hearing pending a related civil court motion denied.

In a series of certification applications where the CAW sought to replace the SEIU as bargaining agent, the Board scheduled a hearing to address the effect of a related civil action and interim court order.

The SEIU requested an adjournment of the hearing because of a further motion it planned to present to the Court.

The Board declined to grant the adjournment in advance, directing that the adjournment request could be addressed by the parties at the scheduled hearing.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Delhi Nursing Home, 2000 CanLII 13148

R. R. Montague

Patrick Kelly

J. A. Ronson

Applicant union acquired bargaining rights after winning representation vote against incumbent union.

Following a representation vote where more than fifty percent of ballots were cast in favour of the applicant, the Board declared that the United Steelworkers of America no longer represented the employees of Northern Credit Union Limited.

The applicant, Office & Professional Employees International Union Local 26, acquired the bargaining rights for the employees formerly represented by the incumbent union.

Office & Professional Employees International Union Local 26 v. Northern Credit Union Limited, 2000 CanLII 13188

R. R. Montague

Laura Trachuk

J. A. Ronson

Representation vote ordered in displacement application, but ballot box sealed pending hearing on injunction's effect.

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

The Board found that the applicant appeared to have the requisite membership support and ordered a representation vote.

The intervenor argued that a Superior Court injunction against individuals formerly associated with it prevented the vote, or alternatively, that the ballot box should be sealed pending a hearing.

The Board ordered the vote to proceed but directed that the ballot box be sealed until a hearing could be held to consider the effect of the Court's order.

National Automobile, Aerospace, Transportation & General Workers’ Union of Canada (CAW-Canada) v. Hotel Dieu/Grace Hospital, 2000 CanLII 1527

R. R. Montague

Laura Trachuk

J. A. Ronson

Representation vote ordered in displacement application, but ballot box sealed pending hearing on court injunction.

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

The Board found that the applicant met the statutory 40% membership threshold and ordered a representation vote.

The intervenor argued that a Superior Court injunction against individuals formerly associated with it prevented the vote or required the ballot box to be sealed.

The Board ordered the vote to proceed but directed that the ballot box be sealed pending a hearing to determine the effect of the court order on the Board's processes.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Women’s House of Bruce County, 2000 CanLII 6994

R. R. Montague

Patrick Kelly

J. A. Ronson

OLRBOntario Labour Relations BoardApr 3, 2000

Union certified as bargaining agent for nurses following a successful representation vote.

The applicant union applied for certification as the bargaining agent for registered and graduate nurses employed by the responding party at Fairview Lodge.

Following a representation vote where 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 applicant as the bargaining agent for the agreed-upon bargaining unit.

Ontario Nurses’ Association v. The Regional Municipality of Durham, 2000 CanLII 3316

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote directed in application for certification with ballots segregated by location.

The applicant trade union applied 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 at least forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed a representation vote to be held, with ballots from two different locations to be segregated and counted separately due to a dispute over the appropriate bargaining unit structure.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Krug Furniture Inc., 2000 CanLII 1906

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote ordered in certification application; jurisdictional challenge deferred to future hearing.

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 warrant a representation vote.

The responding party disputed the bargaining unit description and raised a jurisdictional challenge, asserting its operations fall under the Canada Labour Code.

The Board directed that a representation vote be taken and deferred the jurisdictional issue to be determined at a future hearing.

I.W.A. Canada, Local 2693 Industrial Wood & Allied Workers of Canada v. Superior Telecom, 2000 CanLII 9282

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote ordered in displacement application; ballot box sealed pending hearing on injunction impact.

The applicant union filed a displacement application for certification.

The Board found the applicant established sufficient membership support to order a representation vote.

The intervenor union argued that a recent Superior Court injunction against individuals now associated with the applicant should prevent the vote or require the ballot box to be sealed.

The Board ordered the representation vote to proceed but directed that the ballot box be sealed pending a hearing to determine the effect of the Court's order.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Merrymount Children’s Centre (Full-time), 2000 CanLII 6426

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote directed for proposed bargaining unit at retirement residence.

The applicant trade union filed an application for certification to represent employees at the responding party's retirement residence.

The Board found that the applicant is a trade union under the Labour Relations Act, 1995, and that the proposed bargaining unit is appropriate.

Based on the membership evidence filed, the Board determined 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 taken.

Canadian Union of Public Employees v. White Cliffe Terrace Retirement Residence, 2000 CanLII 10927

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote ordered in displacement application, but ballot box sealed pending hearing on injunction.

The applicant union filed a displacement application for certification.

The Board found the applicant established sufficient membership support to order a representation vote.

The intervenor union argued that a Superior Court injunction against individuals formerly associated with it prevented the vote or required the ballot box to be sealed.

The Board ordered the representation vote to proceed but directed that the ballot box be sealed pending a hearing on the effect of the injunction.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Merrymount Children’s Centre (Part-time), 2000 CanLII 7776

R. R. Montague

Patrick Kelly

J. A. Ronson

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

The applicant trade union applied for certification.

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

The Board found the proposed bargaining unit could be appropriate and that the applicant established sufficient membership support.

The Board directed a representation vote for the voting constituency, with disputed positions to cast segregated ballots.

Power Workers’ Union, Canadian Union of Public Employees, Local 1000-CLC v. Transalta Energy Corporation, 2000 CanLII 11282

R. R. Montague

Patrick Kelly

J. A. Ronson

OLRBOntario Labour Relations BoardMar 30, 2000

Representation vote directed for paramedic employees following union certification application.

The Ontario Public Service Employees Union applied for certification to represent paramedic employees of the Tobermory Ambulance Service.

The Ontario Labour Relations Board found that the applicant is a trade union and that the proposed bargaining unit is appropriate.

Based on the membership evidence filed, the Board directed that a representation vote be taken among the eligible employees in the voting constituency.

Ontario Public Service Employees Union v. The Municipality of Northern Bruce Peninsula c.o.b. as Tobermory Ambulance Service, 2000 CanLII 2966

R. R. Montague

Patrick Kelly

J. A. Ronson