W. H. Wightman

OLRBOntario Labour Relations BoardOct 20, 1981

R. O. MacDowell

OLRB0 cases1980–2001

B. L. Armstrong

OLRB0 cases1980–1997

Employee association denied certification due to employer support in providing an employee list to organizers.

The applicant union applied for certification.

An employee association intervened, seeking certification as a rival trade union.

The Board found that the intervener was formed by a small group of employees opposed to unionization, and that the employer's plant manager had provided them with a list of employee names and telephone numbers to assist in forming the association.

The Board held that this constituted employer support within the meaning of section 13 of the Labour Relations Act.

Consequently, the Board dismissed the intervener's application for certification and directed a representation vote for the applicant union.

International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (U.A.W.) v. Tri-Canada Inc., 1981 CanLII 1010

W. H. Wightman

R. A. Furness

OLRB0 cases1980–1991

D. B. Archer

OLRBOntario Labour Relations BoardOct 16, 1981

Board declined to clarify original certification scope as subsequent collective agreement governed bargaining rights.

The respondent hospital requested the Ontario Labour Relations Board to clarify whether its original 1978 certification decision extended bargaining rights to a nursing home that was not in existence at the time.

The Board declined to vary or clarify its decision, noting that the parties had subsequently entered into collective agreements that amended the bargaining units.

The Board held that differences concerning the interpretation of the recognition clauses in the collective agreements should be resolved through arbitration rather than by varying the original certificates.

Ontario Nurses' Association v. Arnprior and District Memorial Hospital, 1981 CanLII 817

M. P. Moran

5 cases1981–2001

C. M. Mitchell

38 cases1980–1999

W. H. Wightman

R. D. Howe

OLRB0 cases1980–1993

M. J. Fenwick

OLRBOntario Labour Relations BoardOct 7, 1981

Unfair labour practice complaint dismissed; pre-planned wage increase during statutory freeze did not violate Act.

The union applied for certification and filed an unfair labour practice complaint, alleging the employer interfered with a representation vote by paying a 10.5% retroactive wage increase to employees one week before the vote.

The union sought certification without a vote under section 8 of the Labour Relations Act.

The Board dismissed the complaint, finding that the employer had decided on and communicated the wage increase before receiving notice of the certification application.

Consequently, the employer was required by the statutory freeze provisions in section 79(2) to implement the increase as planned, and doing so did not constitute a violation of section 64.

Service Employees International Union v. Ottawa General Hospital, 1981 CanLII 880

J. A. Roffey

9 cases1980–1992

Harry Oakes Jr.

Alick Ryder

25 cases1980–2001

W. H. Wightman

M. J. Fenwick

OLRBOntario Labour Relations BoardOct 1, 1981

M. G. Picher

OLRB0 cases1980–1984

Contracting out restaurant management services did not constitute a sale of a business under the Labour Relations Act.

The applicant union alleged that the respondent was a successor employer under section 63 of the Labour Relations Act after the original employer, Hoco Limited, contracted out the management of its hotel restaurants to the respondent.

The respondent was responsible for hiring and supervising staff and received a percentage of sales or profits, but Hoco retained ownership, control of revenues, and decision-making power over prices and hours.

The Board found that the arrangement was a contracting out of services rather than a transfer of a functional economic vehicle or part of a business.

The application was dismissed.

Hotel, Motel and Restaurant Employees Union, Local 442 v. Ontario 474619 Ltd., 1981 CanLII 960

S. B. D. Wahl

154 cases1980–2001

John Elder

9 cases1981–2000

A.F. DeLuca

W. H. Wightman

OLRBOntario Labour Relations BoardAug 27, 1981

W.F. Rutherford

OLRB0 cases1980–1987

R. O. MacDowell

OLRB0 cases1980–2001

Duty of fair representation complaint dismissed where union reasonably relied on legal advice not to arbitrate.

The complainant, an employee of the Ironworkers union, was discharged after 27 years of service.

She filed a grievance, but her bargaining agent, the OPEIU, declined to take it to arbitration.

The OPEIU relied on legal advice indicating that because the collective agreement had expired three years prior, an arbitrator would have no jurisdiction to hear the grievance.

The complainant alleged that the OPEIU breached its duty of fair representation and its duty to bargain in good faith.

The Ontario Labour Relations Board dismissed the complaint, finding no evidence of bad faith, discrimination, or arbitrary conduct, and concluding that the union acted reasonably in relying on correct legal advice.

Betty Lavoie v. Office and Professional Employees International Union, Local 343, 1981 CanLII 826

W. H. Wightman

R. A. Furness

OLRB0 cases1980–1991

D. B. Archer

OLRBOntario Labour Relations BoardAug 25, 1981

Board declined to reconsider certification decision; dispute over bargaining unit scope deferred to arbitration.

The hospital applied for reconsideration of a 1978 certification decision, seeking clarification on whether the bargaining unit included employees of a nursing home that commenced operations after the certificate was issued.

The union opposed the reconsideration, arguing the dispute was essentially about the recognition clause of the subsequent collective agreements and should be resolved at arbitration.

The Board declined to reconsider its decision, finding that the parties had entered into collective agreements and the dispute over their application and interpretation was most appropriately resolved by a board of arbitration.

Ontario Nurses' Association v. Arnprior and District Memorial Hospital, 1981 CanLII 818

W. H. Wightman

N. B. Satterfield

OLRB0 cases1980–1992

M. J. Fenwick

OLRBOntario Labour Relations BoardAug 25, 1981

Application to terminate bargaining rights dismissed as union cured delay by requesting conciliation before application.

The applicant employer applied to the Ontario Labour Relations Board under section 51(2) of the Labour Relations Act for a declaration terminating the union's bargaining rights, alleging the union failed to seek to bargain for a period of 60 days.

The parties had met once to commence bargaining, after which 12 weeks elapsed without the union seeking to bargain.

However, the union subsequently applied for conciliation services before the employer filed its termination application.

The Board dismissed the application, finding that the union's renewed interest in pursuing its bargaining rights through the conciliation request cured its earlier lack of diligence, making termination inappropriate.

Mohawk Construction Limited v. International Union of Operating Engineers, Local 793, 1981 CanLII 951

W. H. Wightman

M. G. Picher

OLRB0 cases1980–1984

D. B. Archer

OLRBOntario Labour Relations BoardAug 12, 1981

Union ratification vote upheld; absence of ballot box did not violate statutory secrecy requirement.

The complainant, an employee in the bargaining unit, alleged that the respondent union violated section 63(4) of the Labour Relations Act during a ratification vote.

The complainant argued that the absence of a voting screen and the use of a table instead of a ballot box compromised the secrecy of the ballot.

The Ontario Labour Relations Board dismissed the complaint, finding that the voting procedure, which utilized trusted rank-and-file scrutineers and provided reasonable privacy, met the objective standard of secrecy required by the Act.

A reasonable employee would not have had a substantial reason to fear their ballot would not remain secret.

Nicolas Finney v. United Electrical, Radio and Machine Workers of America (UE), 1981 CanLII 1042

W. Herridge

2 cases1981–1981

J. Hurlbut

J. DiNardo

D. I. Wray

W. H. Wightman

M. G. Picher

OLRB0 cases1980–1984

D. B. Archer

OLRBOntario Labour Relations BoardAug 5, 1981

Application to terminate bargaining rights dismissed as untimely following notice to bargain to successor employer.

The applicant applied to terminate the respondent union's bargaining rights.

The union argued the application was untimely because it had given notice to bargain to the successor employer following the sale of the business.

The Board held that under section 55(10) of the Labour Relations Act, a notice to bargain given to a successor employer has the same effect as a certification, meaning no termination application can be made for one year.

The application was dismissed as untimely.

A dissenting member would have found the application timely.

Arthur Wilkinson v. United Food & Commercial Workers International Union Local 633 AFL-CIO-CLC, 1981 CanLII 1019

John D. Gilfillan

B. Fishbein

68 cases1980–1996

W. H. Wightman

OLRBOntario Labour Relations BoardJul 31, 1981

D. E. Franks

OLRB0 cases1980–1987

C. A. Ballentine

OLRB0 cases1980–1992

Employee petition withdrawing union support accepted as voluntary despite being shown to employer.

The applicant union applied for certification for a bargaining unit of two employees.

Prior to the terminal date, one employee filed a petition withdrawing his support for the union.

The union argued the petition was not voluntary because the employee gave a copy to the employer's property manager and there were gaps in the evidence regarding its preparation.

The majority of the Board accepted the employee's evidence that he voluntarily changed his mind after discussing the matter with his wife, and found no employer interference.

The petition was accepted as voluntary and the matter was referred to the Registrar.

A dissenting member would have rejected the petition as involuntary due to employer influence and the employee's fear of losing his job.

Labourers' International Union of North America, Local 183 v. Montevideo Court Apartments Ltd., 1981 CanLII 952

W. H. Wightman

O. Hodges