R. R. Montague

R. R. Montague

J. A. Rundle

Unopposed application for union successor rights declaration granted.

The applicant union brought an unopposed application under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor by reason of a merger, amalgamation, or transfer of jurisdiction.

The responding party employer notified the Board that there were no employees in the affected bargaining unit at the location.

The Board granted the application and issued the requested declaration.

CAW Local 414 of National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Hurley Corporation, 2000 CanLII 7490

Russell Goodfellow

R. R. Montague

J. A. Ronson

Union certified as bargaining agent 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 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.

Christian Labour Association of Canada v. The Salvation Army Bethesda Centre, 2000 CanLII 3282

Russell Goodfellow

R. R. Montague

J. A. Ronson

Representation vote directed for stage employees with ballot box sealed pending resolution of employer objections.

The applicant trade union filed an application for certification to represent stage employees of the Corporation of the City of Guelph.

The Ontario Labour Relations Board found that the applicant appeared to have the requisite membership support of at least forty percent of the proposed bargaining unit.

The Board directed that a representation vote be taken and ordered the ballot box sealed pending the resolution of the responding party's objections under section 8.1 of the Labour Relations Act, 1995, as well as issues regarding the appropriateness of the bargaining unit and the applicant's trade union status.

International Alliance of Theatrical Stage Employees v. Corporation of the City of Guelph, 2000 CanLII 7690

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

Unopposed application for a declaration of successor trade union rights granted.

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 by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Board granted the declaration.

CAW Local 414 v. United Steelworkers of America, 2000 CanLII 7665

Russell Goodfellow

R. R. Montague

J. A. Ronson

Representation vote ordered for casino security officers; request to seal ballot box denied.

The applicant trade union filed an application for certification to represent security officers employed by the responding party casino.

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

The responding party raised several disputes regarding the bargaining unit description, employer name, and managerial exclusions, which the Board directed to be addressed by segregating the ballots of affected individuals.

The Board dismissed the responding party's request to seal the ballot box pending a determination of the applicant's status as a registered supplier under the Gaming Control Act, 1992, deferring that issue until after the vote.

A dissenting Board member would have directed the ballot box to be sealed.

Ontario Public Service Employees Union v. Falls Management Company c.o.b. Casino Niagara, 2000 CanLII 8670

Russell Goodfellow

R. R. Montague

J. A. Ronson

Representation vote ordered in application for certification after finding applicant is a trade union.

The applicant trade union filed an application for certification to represent a bargaining unit of employees at the responding party's Mississauga location.

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

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.

Consequently, the Board ordered a representation vote to be held.

United Steelworkers of America v. Temspec Inc., 2000 CanLII 7380

Russell Goodfellow

R. R. Montague

J. A. Ronson

Board directs representation vote for termination of bargaining rights despite alleged flaws in the application.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The union sought to dismiss the application without a vote, citing errors in the union's name, the inclusion of cooperative students in the 40 percent appearance calculation, and improper delivery.

The majority of the Board rejected these arguments, finding the application timely and that at least 40 percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

The Board directed a representation vote.

A dissenting Board member would have dismissed the application based on the flaws contained within it.

A. Chris Edwards v. The National Union of Automobile, Aerospace, Transportation and General Workers of Canada: Local 1530 Belleville, Ontario, 2000 CanLII 2721

Russell Goodfellow

R. R. Montague

J. A. Ronson

Representation vote ordered in union certification application; ballot box sealed pending resolution of disputes.

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

The Board found that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members.

The Board ordered a representation vote to be held on February 14, 2000, and directed that the ballot box be sealed pending resolution of a section 8.1 notice and a dispute over the correct name of the responding party.

United Steelworkers of America v. Matcor Automotive Inc. and/or Matsu Manufacturing Inc., 2000 CanLII 9422

Russell G. Goodfellow

OLRB0 cases1993–2000

R. R. Montague

J. A. Ronson

Representation vote directed 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 and that at least forty percent of the individuals in the proposed bargaining unit were members.

The Board directed that a representation vote be taken, with segregated ballots for technical staff whose inclusion in the unit may be disputed.

United Steelworkers of America v. Blastech Corporation, 2000 CanLII 6691

R. R. Montague

Marilyn Silverman

OLRB0 cases2000–2001

J. A. Ronson

OLRBOntario Labour Relations BoardFeb 8, 2000

Co-op students included in bargaining unit description where the unit is not exclusively full-time.

The applicant union applied for certification and won the representation vote.

The parties agreed on all matters except whether co-op students should be included in the bargaining unit description.

The Board determined that because the bargaining unit was not exclusively a full-time unit, co-op students should not be excluded from the description.

A certificate was issued to the applicant.

Brewery, General and Professional Workers Union v. The Toronto Board of Trade, 2000 CanLII 6091

Timothy W. Sargeant

R. R. Montague

OLRBOntario Labour Relations BoardFeb 8, 2000

J. R. Rundle

OLRB0 cases2000–2001

Representation vote directed in application to terminate union's bargaining rights.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The Board found the application timely and that not less than forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

The Board directed that a representation vote be taken.

Durocher v. Graphic Communications International Union, Local 517-M, 2000 CanLII 6073

Timothy W. Sargeant

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardFeb 7, 2000

Union's application withdrawn by leave of the Board.

The applicant union sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

Hotel & Restaurant Employees CAW Local 448 v. Circle Inn Limited, 2000 CanLII 5434

R. R. Montague

Laura Trachuk

J. A. Rundle

Representation vote directed in union 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 that the proposed bargaining unit could be appropriate.

Finding that at least forty percent of the individuals in the proposed unit were members of the union, the Board directed a representation vote to be held, with segregated ballots for disputed positions.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Forbes Ford Sales, 2000 CanLII 10857

R. R. Montague

Laura Trachuk

J. A. Rundle

Representation vote directed and ballots to be counted despite employer's section 8.1 notice.

The applicant trade union applied for certification to represent a bargaining unit of warehouse employees.

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

The majority of the Board found that the numerical difference between the parties was not significant and that the applicant had established sufficient membership support to obtain a representation vote and have it counted.

A representation vote was directed.

The dissenting Board member would have directed the ballot box to be sealed pursuant to section 8.1(4) of the Act.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Trebor Allan Inc., 2000 CanLII 10815

R. R. Montague

Laura Trachuk

J. A. Rundle

Board allows responding party to file submissions before deciding on orders without a hearing.

The applicant union filed an unfair labour practice application alleging the responding party failed to bargain in good faith.

The responding party failed to file a response within the required time.

The applicant requested that the Board make the requested orders without a hearing pursuant to Rule 41 of the Board's Rules of Procedure.

The Board decided to provide the responding party with an opportunity to file submissions regarding the applicant's request before making a final determination.

Hospitality & Service Trades Union, Local 261 v. ABM International Inc., 2000 CanLII 12162

R. R. Montague

Laura Trachuk

J. A. Rundle

Union decertified following a representation vote where a majority opposed the union.

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

Following a representation vote where more than fifty per cent 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 Famous Players Inc.

Binns v. Toronto Motion Picture Projectionists and Video Technicians Union, Local 173, 2000 CanLII 7365

R. R. Montague

Laura Trachuk

J. A. Rundle

Applications withdrawn by leave of the Board.

The applicant, CAW Local 385, sought to withdraw its applications against the responding party, Coca-Cola Bottling Ltd. The Ontario Labour Relations Board granted leave to withdraw the applications.

CAW Local 385 v. Coca-Cola Bottling Ltd., 2000 CanLII 7204

R. R. Montague

Laura Trachuk

J. A. Rundle

Board directs representation vote for employees of the Crisis Intervention Program.

The applicant trade union applied for certification to represent employees of the Crisis Intervention Program of the North Bay General Hospital.

The 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.

Service Employees Union, Local 478 v. The Crisis Intervention Centre a division of North Bay General Hospital, 2000 CanLII 7200

R. R. Montague

Patrick Kelly

OLRB0 cases1999–2019

J. A. Ronson