R. R. Montague

R. R. Montague

J. A. Ronson

Board refused to dismiss unfair labour practice complaint despite parallel grievance and allowed union's amendment.

The applicant union filed an unfair labour practice complaint alleging a breach of section 86 of the Labour Relations Act, 1995.

The responding party employer sought to have the application dismissed without a hearing on the basis that a parallel grievance had been filed.

The Board declined to dismiss the application, finding the issues were not identical to those in the potential arbitration.

The Board also exercised its discretion to allow the applicant to amend its application to include an allegation of a breach of section 70 of the Act, and directed the Registrar to set a hearing date.

Canadian Union of Public Employees, Local 79 v. City of Toronto, 2000 CanLII 12311

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Application withdrawn with leave of the Board.

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

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Richard Dellaire v. Mike Siemer, 2000 CanLII 3808

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Application withdrawn with leave of the Board.

The applicant, Michael Donald Black, sought to withdraw his application against the United Food and Commercial Workers International Union, Local 617-P. The Ontario Labour Relations Board granted leave for the application to be withdrawn.

Michael Donald Black v. United Food and Commercial Workers International Union, Local 617-P, 2000 CanLII 3571

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

United Food and Commercial Workers International Union, Local 175 v. Service Hospitalite Restaurant Management, 2000 CanLII 3750

R. R. Montague

J. A. Ronson

Inge M. Stamp

OLRB0 cases1988–2001

Representation vote directed in certification application despite employer's dispute over bargaining unit composition.

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

The Board found that the applicant is a trade union and that it appeared to have the requisite forty percent membership support in its proposed bargaining unit.

Although the responding party disputed the bargaining unit description and gave notice under section 8.1 of the Labour Relations Act, 1995, the Board determined the notice was not numerically relevant.

The Board directed that a representation vote be taken, with the ballot of any individual in the disputed position of Roads Superintendent to be segregated.

International Union of Operating Engineers, Local 793 v. Township of Monteagle, 2000 CanLII 8227

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Union's application withdrawn with leave of the Board.

The applicant, United Steelworkers of America, sought to withdraw its application against Primary Response Inc. The Ontario Labour Relations Board granted leave to withdraw the application.

United Steelworkers of America v. Primary Response Inc., 2000 CanLII 2651

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Representation vote directed for proposed bargaining unit of nurses at Fairview Lodge.

The Ontario Nurses' Association applied for certification to represent registered and graduate nurses employed at Fairview Lodge.

The Ontario Labour Relations Board found the applicant to be a trade union and that it had the requisite membership support.

The Board directed a representation vote to be held on March 22, 2000, and ordered that any ballots cast by individuals in disputed positions be segregated.

Ontario Nurses’ Association v. Fairview Lodge, 2000 CanLII 4563

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardMar 15, 2000

Request for reconsideration dismissed as an attempt to relitigate the matter without new evidence.

The applicant requested reconsideration of a Board decision that dismissed his application in its entirety.

The Board found that the request was an attempt to relitigate the matter and that the applicant failed to raise new evidence or important issues of Board policy.

The applicant also made groundless allegations regarding the integrity of the Board and raised issues outside the Board's jurisdiction.

The request for reconsideration was dismissed.

Marc A. Crockford v. Warehousemen, Transportation and General Workers Union of the Retail, Wholesale Department Store Union Local 715 of the United Food and Commercial Workers International Union, 2000 CanLII 12260

R. R. Montague

J. A. Ronson

Anthony Brown

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

The Ontario Public Service Employees Union applied for certification as the bargaining agent for employees of the Mattawa and District Association for Community Living.

A representation vote was held, but not more than 50% of the ballots were cast in favour of the union.

No statements of desire to make representations were filed.

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

Ontario Public Service Employees Union v. Mattawa and District Association for Community Living, 2000 CanLII 6409

R. R. Montague

J. A. Ronson

Anthony Brown

Union certification granted following a successful representation vote.

The applicant union applied for certification to represent 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 union and cancelled previously set meeting and hearing dates.

Ontario Public Service Employees Union v. Sundowners Day Care and Resource Centre Division I, 2000 CanLII 10011

R. R. Montague

J. A. Ronson

Anthony Brown

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification to represent employees of the Norwich Public Utility Commission.

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 bargaining agent for the agreed-upon bargaining unit.

Canadian Union of Public Employees v. Norwich Public Utility Commission, 2000 CanLII 7931

R. R. Montague

J. A. Ronson

Anthony Brown

Union decertified after majority of employees voted in opposition during representation vote.

The applicant filed an application to terminate the bargaining rights of the responding party union.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer.

MacCarthy v. Local Union 636 of the International Brotherhood of Electrical Workers, 2000 CanLII 6110

R. R. Montague

J. A. Ronson

Anthony Brown

Union certified as bargaining agent for hospital paramedics following successful representation vote.

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

Ontario Public Service Employees Union v. Haldimand War Memorial Hospital, 2000 CanLII 6987

R. R. Montague

J. A. Ronson

Anthony Brown

Union certification granted following a successful representation vote by the employees.

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

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 ordered that a certificate issue to the applicant for the agreed-upon bargaining unit.

Canadian Union of Public Employees v. The Ontario Workers Arts and Heritage Centre Incorporated, 2000 CanLII 7362

R. R. Montague

J. A. Ronson

Anthony Brown

Union certification granted following a successful representation vote among maintenance employees.

The applicant union applied for certification for a bargaining unit of maintenance employees at OMERS Realty Management Corporation.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statement of desire to make representations filed, the Ontario Labour Relations Board issued a certificate to the applicant.

Teamsters Local Union No. 419 v. OMERS Realty Management Corporation, 2000 CanLII 7178

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardMar 9, 2000

Application withdrawn with leave of the Board.

The applicant, Halton Healthcare Services Corporation, sought to withdraw its application against the Canadian Union of Public Employees and its Local 815.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Halton Healthcare Services Corporation v. Canadian Union of Public Employees and its Local 815, 2000 CanLII 3258

R. R. Montague

J. A. Ronson

Anthony Brown

OLRBOntario Labour Relations BoardMar 8, 2000

Board directs representation vote in certification application despite employer's dispute 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 applicant established sufficient membership support in its proposed bargaining unit to obtain a representation vote.

The Board directed that a representation vote be taken of the individuals in the voting constituency.

United Steelworkers of America v. Royal Laser Tech Corporation, 2000 CanLII 11270

R. R. Montague

J. A. Rundle

Anthony Brown

OLRBOntario Labour Relations BoardMar 8, 2000

Board declared amalgamation a sale of business and ordered a representation vote for intermingled employees.

The applicant union applied under section 69 of the Labour Relations Act, 1995, following the amalgamation of Northern Credit Union Limited and Valley Savings (Renfrew County) Credit Union Inc. The Board declared the amalgamation constituted a sale of business.

As the amalgamation resulted in an intermingling of employees represented by the applicant and the responding party union, the parties agreed to a representation vote.

The Board directed a representation vote to determine the successor bargaining agent for the agreed voting constituency.

Office & Professional Employees International Union Local 26 v. Northern Credit Union Limited, 2000 CanLII 12791

R. R. Montague

J. A. Ronson

Anthony Brown