W. H. Wightman

M. G. Mitchnick

B. L. Armstrong

OLRBOntario Labour Relations BoardFeb 13, 1984

Religious exemption from union dues denied as premature because union had not yet expended funds on abortion resolution.

The applicant, a Teaching Master and practicing Roman Catholic, applied for a religious exemption from paying union dues under section 53 of the Colleges Collective Bargaining Act.

He objected to the union's adoption of a resolution supporting a woman's right to choose abortion, arguing it fundamentally conflicted with his religious beliefs.

The Ontario Labour Relations Board found that while the applicant's beliefs were sincere and religious, the application was premature because the union had not yet expended any funds or taken concrete action on the resolution.

The application was dismissed without prejudice to re-file if further developments warranted.

Paul Tremblay v. The Ontario Public Service Employees Union, 1984 CanLII 1064

W. H. Wightman

OLRBOntario Labour Relations BoardFeb 10, 1984

R. O. MacDowell

OLRB0 cases1980–2001

L. Collins

OLRB0 cases1983–1987

Employer's refusal to discharge employees expelled for unpaid union fines was not an unfair labour practice.

The complainant union alleged that the respondent employer committed an unfair labour practice by refusing to discharge two employees who had been expelled from the union for failing to pay a fine.

The fine was levied after the employees were observed speaking to the employer's president during a lockout.

The employer argued that under the collective agreement, 'membership in good standing' was defined solely by the payment of dues, which were still being deducted.

The Board dismissed the complaint, finding the employer's interpretation of the collective agreement reasonable and not motivated by any intention to interfere with the union's internal affairs.

Graphic Arts International Union Local 517 v. Sumner Press, 1984 CanLII 1053

K. R. Valin

9 cases1983–1996

W. H. Wightman

Owen V. Gray

OLRB0 cases1983–1992

B. L. Armstrong

OLRBOntario Labour Relations BoardJan 9, 1984

Board orders representation vote for a single bargaining unit of full-time and part-time hospital employees.

The applicant union applied for certification to displace the incumbent union representing employees at the respondent hospital.

The parties disagreed on the appropriate bargaining unit description, with the applicant seeking a single unit for all employees and the respondent and intervener arguing for separate full-time and part-time units.

The Board applied its general practice of adopting the bargaining unit described in the most recent collective agreement.

Finding that the existing collective agreement and bargaining history treated all employees as a single unit, the Board determined that a single comprehensive bargaining unit was appropriate and ordered a representation vote.

Canadian Union of Public Employees v. Sudbury Hospital Services Limited, 1984 CanLII 962

S. Corradetti

R. W Kuszelewski

2 cases1983–1986

Norman L. Jesin

14 cases1983–2003

K. W V. Whitaker

Harold F. CalEy

12 cases1980–2000

G. Grossman

32 cases1980–1987

D. Smith

81 cases1983–2024

C. Hillmer

2 cases1983–1986

Allan Christie

W. H. Wightman

P.J. O'Keeffe

OLRB0 cases1980–1987

M. G. Mitchnick

OLRBOntario Labour Relations BoardDec 19, 1983

Duty of fair representation complaint dismissed; union reasonably accepted International's decision to dovetail seniority lists.

The complainants, drivers for Dufferin Concrete Products, alleged that their union, Teamsters Local 230, breached its duty of fair representation under section 68 of the Labour Relations Act.

The dispute arose when the employer closed a plant and sought to dovetail the seniority lists of Local 230 and Local 879.

Local 230 initially opposed dovetailing and appealed to the International union.

However, after the International dismissed the appeal and ordered compliance with the Joint Council's decision to dovetail, Local 230 accepted the ruling.

The Board found that Local 230 did not act arbitrarily, discriminatorily, or in bad faith in ultimately accepting the constitutional authority of the International union, and dismissed the complaint.

N. Ghermeck, M. Cochrane, et al. v. Teamsters Local 230, 1983 CanLII 784

W. S. Cook

6 cases1982–2000

R. W. Pirrie

P. J. Falzone

2 cases1983–1993

W. H. Wightman

S. Cooke

OLRBOntario Labour Relations BoardDec 16, 1983

Pamela C. Picher

OLRB0 cases1980–1983

Application to set aside representation vote dismissed due to waiver and lack of unfair influence.

The applicant union sought to set aside a representation vote, alleging that the intervener union breached the Board's silent period by campaigning in the days immediately preceding the vote.

The Board dismissed the application, finding that the applicant's representative had waived any objection to the regularity of the balloting by signing a Consent and Waiver form prior to the counting of the ballots.

Furthermore, the Board concluded that the isolated technical breach of the silent period did not unfairly influence the outcome of the vote.

A certificate was issued to the intervener.

Lumber and Sawmill Workers' Union, Local 2995 v. BioShell Inc., 1983 CanLII 778

W. H. Wightman

Kevin M. Burkett

B. L. Armstrong

OLRBOntario Labour Relations BoardDec 9, 1983

Board files non-compliance order with Supreme Court after employer fails to respond to allegations.

The applicant union requested that the Board file its previous decision ordering the respondent employer to pay wages and vacation pay with the Supreme Court of Ontario, as the employer had failed to comply and was in receivership.

The Board noted its practice of requiring proof of non-compliance, but since the respondent did not reply to the allegation of non-compliance, the Board was satisfied that there was a failure to comply.

The Board ordered the determination to be filed with the Registrar of the Supreme Court of Ontario pursuant to section 89(6) of the Labour Relations Act.

International Ladies Garment Workers' Union v. Apple Bee Shirts Limited, 1983 CanLII 776

W. H. Wightman

George W. Adams

B.K. Lee

OLRBOntario Labour Relations BoardDec 9, 1983

Reconsideration denied; Full Board meetings to discuss policy implications do not violate natural justice.

The respondent employer sought reconsideration of an earlier Board decision, alleging that the Board violated the principles of natural justice by holding a 'Full Board' meeting to discuss the case before issuing its decision.

The Board denied the request, explaining that Full Board meetings are an institutionalized practice used to discuss the policy implications of draft decisions without deciding the facts or holding a vote.

The Board concluded that this practice is consistent with the inherent nature of administrative decision-making and complies with the statutory mandate to determine its own procedure.

International Woodworkers of America Local 2-69 v. Consolidated Bathurst Packaging Ltd., 1983 CanLII 781

W. H. Wightman

S. Cooke

Kevin M. Burkett

OLRBOntario Labour Relations BoardDec 5, 1983

Unfair labour practice complaint dismissed; threat of union expulsion for supporting rival union is not intimidation.

The complainant union filed an unfair labour practice complaint alleging that the incumbent union breached sections 3 and 70 of the Labour Relations Act by posting a notice on a bulletin board threatening to charge members who supported the complainant's organizing campaign.

The Board dismissed the complaint, finding that the notice did not threaten the employees' continued employment, as section 46(2) of the Act protects employees from discharge if they are expelled from an incumbent union for supporting a rival union.

The threat of expulsion from membership alone did not constitute intimidation or coercion within the meaning of section 70.

Energy and Chemical Workers Union, C.L.C. v. United Cement, Lime, Gypsum and Allied Workers International Union, A.F.L.-C.I.O.-C.L.C., 1983 CanLII 799

T K. Billings

5 cases1983–1994

Martin Addario

15 cases1981–2016

K. W. Kort

12 cases1981–1999

W. H. Wightman

R. A. Furness

OLRB0 cases1980–1991

H. Kobryn

OLRBOntario Labour Relations BoardNov 30, 1983

Employer liable for unpaid industry fund assessments, but liability limited due to delay and prior legal uncertainty.

The complainant alleged that the respondent failed to pay industry fund assessments required by the provincial collective agreement, contrary to section 147(2) of the Labour Relations Act.

The respondent admitted liability for the industrial, commercial, and institutional sector but argued that the complainant's delay in filing the complaint should limit its liability.

The Board found that the violation was of a continuing nature.

However, because the legal enforceability of such claims was uncertain until a specific Board decision in July 1980, the Board limited the respondent's liability to assessments that became due from August 1980 onwards.

Ontario Sheet Metal and Air Handling Group v. Acme Plumbing and Heating, 1983 CanLII 845

W. H. Wightman

S. Cooke

OLRBOntario Labour Relations BoardNov 28, 1983

R. 0. MacDowell

OLRB0 cases1980–1999

Board appoints officer to inquire into employee status dispute under section 106(2) of the Labour Relations Act.

The applicant union requested a determination under section 106(2) of the Labour Relations Act regarding the employee status of certain individuals.

The respondent employer objected, arguing the union was seeking to alter an established status quo.

The Board found that a question had arisen between the parties that could not be resolved during collective bargaining, fitting squarely within section 106(2).

The Board appointed a Board Officer to inquire into the duties and responsibilities of the disputed individuals, noting that historical agreements on bargaining unit configuration do not freeze the unit in perpetuity, though they may be relevant evidence.

International Association of Machinists and Aerospace Workers Riverside Lodge No. 939 v. Fleet Industries, A Division of Ronyx Corporation Limited, 1983 CanLII 854

S. B. D. WahI

11 cases1980–1994

Robert Stoppell

R. J. Drmaj

6 cases1981–2000

Raimo T. Heikkila

6 cases1981–1986

Michael A. Church

51 cases1982–2026

Marcel Jolie

2 cases1983–1991

L. Highcock

Larry Baillee

J. Snow

2 cases1983–2026

John Keenan

2 cases1983–2012

Jack Pesheau

Not Practising Law66 cases1981–2021

Harold F. CalEy

12 cases1980–2000

Brian Shell

Bill Sherman

A. M. Turnbull

Alex J. Ahee

5 cases1981–1992

W. H. Wightman

P.J. O'Keeffe

OLRB0 cases1980–1987

M. G. Mitchnick

OLRBOntario Labour Relations BoardNov 25, 1983

Consent access order for union organizing declared to continue in effect until certification applications determined.

The complainant building trade unions alleged a violation of a consent access order by the respondents.

The respondents argued the order was spent.

The Board found a bona fide justification for the unions' continued need for access to the property to persuade employees to join, particularly given a competing certification application by the Steelworkers.

The Board declined to read a temporal limitation into the access order and declared it continued in effect until a vote is held or the certification applications are determined.

International Union of Operating Engineers, Local 793 v. Noranda Mines Limited, 1983 CanLII 725

Maurice Tousson

J. Watson

5 cases1980–2015

Isaac Bennitah

F DaSilva

5 cases1983–1991

Barry Edson

10 cases1980–1999

Barbara G. Crosby

4 cases1981–1985

A. M. Minsky

94 cases1980–2001

W. H. Wightman

OLRBOntario Labour Relations BoardNov 8, 1983

Owen V. Gray

OLRB0 cases1983–1992

B. Armstrong

OLRB0 cases1980–1987

Union certified for full-time unit; employee objections regarding missed voting opportunities dismissed due to adequate notice.

The applicant union applied for certification of full-time and part-time employees.

A pre-hearing representation vote was held.

For the part-time unit, no ballots were cast, and the application was dismissed.

For the full-time unit, the union won the vote.

A group of employees objected, claiming they were not given an opportunity to vote and were misinformed by supervisory personnel.

The Board dismissed the objection without hearing evidence, finding that even if the allegations were true, the employees had adequate notice of the vote through posted forms and failed to direct their inquiries to the Returning Officer as instructed.

The Board certified the union for the full-time unit.

Textile Processors, Service Trades, Health Care, Professional and Technical Employees International Union, Local 351 v. Cosa Nova Fashions Ltd., 1983 CanLII 857

H. Goldblatt

16 cases1980–1988

Donald R. Colborne

B. Sheehan

5 cases1983–2000

W. H. Wightman

Ian C. Springate

OLRB0 cases1983–1989

C. A. Ballentine

OLRBOntario Labour Relations BoardNov 7, 1983

Preliminary motion to dismiss duty of fair representation complaint for delay denied.

The complainant filed a duty of fair representation complaint against her union regarding its failure to assist her after she was terminated.

The union brought a preliminary motion to dismiss the complaint, arguing that the complainant was incapable of returning to work, the complaint did not make out a prima facie case, and there was excessive delay in filing.

The Board dismissed the preliminary motion, finding that the factual disputes required a hearing and that the delay, while significant, did not cause real prejudice to the respondents.

The Board noted that any remedy could be adjusted to account for the delay.

J. L. Livitski v. Service Employees' Union, Local 268, 1983 CanLII 858

Lynn H. Harnden

7 cases1982–1990

W. H. Wightman

OLRBOntario Labour Relations BoardOct 31, 1983

Richard M. Brown

OLRB0 cases1983–1984

F. S. Cooke

OLRB0 cases1982–1984

Union certified after Board resolves disputed ballots and dismisses employer's objections to campaign propaganda.

The union applied for certification and a representation vote was held.

The union won the counted ballots by a margin of five votes.

The employer challenged the status of a homeworker, arguing she was not a part-time employee.

The Board applied the Sydenham Hospital test, converting her piece-rate income to hours using the minimum wage, and found she worked less than 24 hours in a majority of the six weeks preceding the application.

The Board refused the employer's request to renege on a pre-election agreement to exclude foremen from the voting constituency.

Finally, the Board dismissed the employer's argument that union campaign propaganda regarding a profit-sharing plan invalidated the election, finding the statements were not false and did not impair the employees' freedom of choice.

A certificate was issued to the union.

Local 2228, International Brotherhood of Electrical Workers v. Filtran Limited, 1983 CanLII 949

Russell W Zinn

Michael S. Ruddy

19 cases1983–2001

Johanne Larouche

W. H. Wightman

M. G. Mitchnick

B. L. Armstrong

OLRBOntario Labour Relations BoardSep 30, 1983

Union failed to prove Post Office error for late-filed membership evidence; late cards excluded.

The applicant union applied for certification.

A preliminary issue arose regarding the late filing of seven membership documents, which were sent by registered mail.

The terminal date for the application was August 31, 1983, but the registration stamp on the envelope was dated September 1, 1983.

The Board held a hearing to allow the applicant to prove the Post Office made an error.

The applicant's witness testified he mailed the documents on August 31, but failed to produce corroborating evidence such as a work schedule or the original registration slip.

The Board found the applicant failed to satisfy the onus of proving a Post Office error and ruled the seven late cards could not be relied upon.

The matter was referred to an officer.

Canadian Union of Operating Engineers & General Workers v. Riverside Hospital of Ottawa, 1983 CanLII 963

Ronald Gruber

4 cases1983–1987

Paul J. J. Cavalluzzo

5 cases1981–1998

Michael Gordon

40 cases1980–1991

David I. Bloom

11 cases1983–2000

Brain Herlich

11 cases1982–1988

W. H. Wightman

George W. Adams

OLRBOntario Labour Relations BoardSep 30, 1983

B. F. Lee

OLRB0 cases1983–1983

Employer breached duty to bargain in good faith by failing to disclose impending plant closure.

The complainant trade union alleged that the respondent employer violated the Labour Relations Act by failing to disclose during collective bargaining that its Hamilton plant would be closed.

The employer announced the closure shortly after a new collective agreement was signed.

The Board found that the employer had made a de facto decision to close the plant during bargaining and that its failure to disclose this information was tantamount to a misrepresentation, violating the duty to bargain in good faith under section 15 of the Act.

The Board directed a hearing to determine damages.

International Woodworkers of America Local 2-69 v. Consolidated Bathurst Packaging Ltd., 1983 CanLII 970

Scott Fallis

Russell Raikes

7 cases1983–2013

Peter Kennedy

L. A. MacLean

20 cases1980–1993

Julius Melnitzer

5 cases1981–1990

W. H. Wightman

S. Cooke

OLRBOntario Labour Relations BoardAug 31, 1983

Ian C. Springate

OLRB0 cases1983–1989

Applications alleging sale of business and related employer status dismissed where dealership contracted out washing work.

The applicant union alleged that the respondent car dealership's contracting out of its rustproofing and washing work to a sub-contractor constituted a sale of a business under section 63 of the Labour Relations Act, or alternatively, that the dealership and the sub-contractor were related employers under section 1(4).

The Ontario Labour Relations Board dismissed both applications.

The Board found that the transfer of work alone did not constitute a sale of a business, as the sub-contractor merely continued a pre-existing business from a new location leased from the dealership.

Furthermore, the Board held that the two firms were not under common control or direction, as the sub-contractor independently managed its employees and performed work for other clients.

International Union, United Automobile Aerospace Agricultural Implement Workers of America and its Local 27 v. Central Chev. Olds. Inc., 1983 CanLII 759

Walter Langley

3 cases1983–2012

Murray Macy

James B. Chadwick

2 cases1983–1983

David J. Jewitt

5 cases1983–2007

W. H. Wightman

M. G. Mitchnick

B. L. Armstrong

OLRBOntario Labour Relations BoardAug 18, 1983

Applications for consent to prosecute and cease-and-desist direction dismissed as picketing did not constitute a strike.

The applicant employer filed applications for a consent to prosecute and a cease-and-desist direction against the respondent union and several individuals, alleging an unlawful strike arising from picketing at the applicant's premises.

The Ontario Labour Relations Board dismissed the applications, finding that no employees failed to perform their scheduled shifts and therefore no "strike" within the meaning of the Labour Relations Act had occurred.

A dissenting board member would have granted the requested order, arguing that the concerted activity was designed to restrict or limit output by dissuading the public from patronizing the restaurant.

The Mill Dining Lounge v. Hotels, Clubs, Restaurants and Taverns Employee Union, Local 261, 1983 CanLII 771

S. B. D. Wahl

154 cases1980–2001

H. Stewart

4 cases1982–1983

Brian P. Smeenk

34 cases1982–2012

W. H. Wightman

S. Cooke

M. G. Mitchnick