R. R. Montague

J. A. Ronson

Caroline Rowan

OLRBOntario Labour Relations BoardJun 29, 2001

Union certification granted following a successful representation vote.

The applicant union applied for certification as the bargaining agent for a unit of employees at the responding party's Kingston location.

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 issued a final decision without a hearing.

The Board found the agreed-upon bargaining unit appropriate and directed that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Haakon Industries (Canada) Ltd., 2001 CanLII 3643

R. R. Montague

J. A. Ronson

Caroline Rowan

OLRBOntario Labour Relations BoardJun 29, 2001

Employer directed to file submissions within two days or objections to successor union declaration deemed withdrawn.

The applicant requested that the Board make successor trade union declarations, noting its understanding that the employer had withdrawn its objections but that attempts to contact employer counsel were unsuccessful.

The Board directed the employer to file submissions within two days, failing which it would be deemed to have withdrawn its objections.

Service Employees International Union Local 528 v. Service Employees International Union, Local 204, 2001 CanLII 7168

R. R. Montague

J. A. Ronson

Caroline Rowan

OLRBOntario Labour Relations BoardJun 28, 2001

Representation vote directed in union certification application after finding sufficient membership support.

The applicant union filed an application for certification.

The Board found the applicant to be a trade union within the meaning of the Labour Relations Act, 1995, and determined that at least forty percent of the individuals in the proposed bargaining unit were members.

The Board directed a representation vote, ordering that ballots cast by individuals in disputed student positions be segregated.

United Steelworkers of America v. Bolton Steel Tube Co. Ltd., 2001 CanLII 12944

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardJun 27, 2001

Union certification granted following a successful representation vote.

The applicant union applied for certification to represent a bargaining unit of employees at the responding party's workplace.

Canadian Union of Public Employees v. GSA Carleton Inc., 2001 CanLII 12357

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardJun 27, 2001

Application adjourned sine die for up to one year on consent of the parties.

The applicant and responding party agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if no request to proceed is made.

Dag McGann v. Her Majesty the Queen in Right of Ontario, 2001 CanLII 12595

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardJun 27, 2001

Application withdrawn with leave of the Board.

The applicant, United Steelworkers of America, sought to withdraw its application against the responding party, Concord Elevator Inc. The Ontario Labour Relations Board granted leave for the application to be withdrawn.

United Steelworkers of America v. Concord Elevator Inc., 2001 CanLII 7006

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

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

The applicant union applied for certification.

Following a representation vote directed by the Board, not more than 50% of the ballots cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application for certification and directed the parties to section 10 of the Labour Relations Act regarding any future applications.

Teamsters International Union, Local 847, AFL-C10-CLC v. Party Packagers, 2001 CanLII 8136

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Multiple Hydro One corporate entities declared to be a single employer under the Labour Relations Act.

The applicant union brought an application under subsection 1(4) of the Labour Relations Act, 1995, seeking a declaration that multiple Hydro One corporate entities constitute a single employer.

Upon a review of the pleadings, the Ontario Labour Relations Board granted the application and declared the responding entities to be one employer for the purposes of the Act.

Society of Energy Professionals v. Hydro One Inc., 2001 CanLII 9569

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

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 cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application for certification and directed the parties to section 10 of the Labour Relations Act, 1995 regarding future applications.

The Communications, Energy and Paperworkers Union of Canada v. Norampac Inc., OCD Division, 2001 CanLII 3044

Stephen Raymond

OLRB0 cases2000–2001

R. R. Montague

J. A. Rundle

Applications withdrawn at the request of the applicant trade union.

The applicant trade union requested the withdrawal of its applications against IKEA Canada Limited Partnership.

The Ontario Labour Relations Board granted the request and the files were withdrawn.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. IKEA Canada Limited Partnership, 2001 CanLII 3275

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Board directs representation vote in application for termination of bargaining rights.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party trade union no longer represents the employees in the bargaining unit.

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

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

The Board directed that a representation vote be taken.

Arlene Giroux v. Local 183 Service Employees International Union, 2001 CanLII 9166

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Representation vote directed in application for certification despite 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, with ballots cast by individuals in disputed 'Lead Hand' positions to be segregated.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Global Fasteners & Clamps (2001) Ltd., 2001 CanLII 13169

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 union.

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

Rob. Landon v. Ontario Public Service Employees Union, 2001 CanLII 11081

T. W. Sargeant

OLRB0 cases2000–2001

R. R. Montague

J. A. Ronson

Board directs representation vote in application for certification of security employees.

The applicant trade union filed an application for certification to represent a bargaining unit of security employees of the responding parties.

The Board found that the applicant is a trade union and that it appeared to have the requisite 40 percent membership support in the proposed bargaining unit.

The Board directed that a representation vote be held among the eligible employees.

United Steelworkers of America v. Garda Security Group Inc. and Riscon Security Services Ltd., 2001 CanLII 17734

Timothy W. Sargeant

R. R. Montague

J. A. Ronson

Representation vote directed for proposed tag end unit of school board librarians.

The applicant trade union applied for certification of a tag end unit consisting of professional student services personnel employed as librarians by the responding school board.

The Ontario Labour Relations Board found that the applicant is a trade union and that not less than 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 any individuals whose inclusion in the unit is disputed.

Association of Professional Student Services Personnel v. The Halton Catholic District School Board, 2001 CanLII 12235

R. R. Montague

Laura Trachuk

OLRB0 cases1993–2001

J. A. Rundle

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 50% of the ballots cast by employees in the bargaining unit were in favour of the applicant.

The Ontario Labour Relations Board dismissed the application and noted the potential application of the one-year bar under section 10(3) of the Act for any subsequent applications.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. IKEA Canada Limited Partnership, 2001 CanLII 15040

R. R. Montague

J. A. Rundle

Caroline Rowan

Applications adjourned sine die on consent for up to one year.

The parties agreed to adjourn the applications sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matters would be deemed terminated if no request to proceed is made within that time.

Ontario Public Service Employees Union v. Hamilton Housing Corporation, 2001 CanLII 11428

R. R. Montague

J. A. Ronson

Anthony Brown

OLRB0 cases2000–2001

Representation vote ordered in displacement application for certification despite intervenor's objections.

The applicant filed a displacement application for certification.

The intervenor, the current bargaining agent, objected on grounds that the applicant was not a trade union, membership evidence was improperly obtained, and the bargaining unit size was underestimated.

The Board found it unnecessary to decide the trade union status prior to holding a representation vote.

Finding that the applicant appeared to have the requisite 40% support, the Board ordered a representation vote to be held on June 22, 2001.

Education Support Staff Association v. York Region District School Board, 2001 CanLII 16362

R. R. Montague

Laura Trachuk

OLRB0 cases1993–2001

J. A. Rundle