Anthony Brown

The applicant, Zellers Incorporated, sought a review of an Order to Pay severance pay to the claimant following the closure of a Kmart store.

The applicant argued it was relieved of the obligation to pay severance because it had offered the claimant reasonable alternative employment at another store location.

The Ontario Labour Relations Board found that the alternative position offered was reasonable, as its advantages outweighed the sole disadvantage of a longer bus commute.

The Board rescinded the Order to Pay, concluding the applicant was not obliged to pay severance pay.

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

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 Ontario Labour Relations Board found that the applicant appeared to have the requisite 40 percent membership support and ordered a representation vote.

Ballots cast by individuals in disputed positions were ordered to be segregated and not counted until further order of the Board.

The applicant union applied for certification.

A representation vote was held, but the ballots cast by part-time employees were not segregated from those cast by full-time employees, contrary to a prior Board direction.

The Board ordered a second representation vote to ensure ballots could be properly segregated and counted separately.

The applicant requested pre-hearing production of documents in an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The responding party opposed the request, noting that counsel and the client contact were on vacation and unable to obtain instructions.

Given the short time before the scheduled hearing and the volume of documents requested, the Board declined to order pre-hearing production.

Instead, the Board directed the responding party to produce the documents at the hearing or be prepared to make submissions on why they should not be produced.

The applicant filed a duty of fair representation complaint against the union regarding its handling of grievances related to sexual harassment allegations in 1997.

The Board dismissed the application for lack of jurisdiction, finding that the union's duty of fair representation under section 74 of the Labour Relations Act, 1995 only arose on January 1, 1998, with the coming into force of the Education Quality Improvement Act, 1997, and does not apply retroactively to events occurring prior to that date.

The applicant sought a review of an Order to Pay under section 68 of the Employment Standards Act.

The Board found that the applicant had unilaterally withheld $1,283.40 and failed to pay the entire amount into trust as required by subsection 68(7).

The Board extended the time for filing the application to allow the applicant to pay the remaining amount into trust, failing which the application would be deemed terminated.

The applicant union sought to withdraw its application against the responding party college.

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

The applicant, United Steelworkers of America, sought to withdraw its application against the responding party, Vanctor Sales and Marketing Ltd. The Ontario Labour Relations Board granted leave to withdraw the application.

The applicant union filed applications for certification and for termination of bargaining rights concerning employees of the responding party.

The responding party and intervenor asserted that the employees were already represented by the intervenor and covered by a collective agreement.

The applicant alleged that the incumbent union obtained its certificate by fraud.

The Ontario Labour Relations Board decided not to process the certification application further or order a representation vote until a hearing could be held regarding the termination application and the allegations of fraud.

The applicant union sought to withdraw its application against the Ministry of Correctional Services.

Having regard to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

The applicant union sought to withdraw its application against the responding party employer.

Having regard to the Minutes of Settlement filed with the Board, the Ontario Labour Relations Board granted leave to withdraw the application.

The applicant filed an application against the responding party union.

The responding party raised preliminary issues and sought to have them decided on written submissions.

The Ontario Labour Relations Board declined to decide the preliminary issues solely on the written submissions and directed the Registrar to schedule the matter for a consultation, where preliminary matters could be raised.

The applicants sought to withdraw their application against the Ontario Secondary School Teachers' Federation.

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

An employee applied to terminate the bargaining rights of the responding union under section 63 of the Labour Relations Act, 1995.

The union advised the Board in writing that it no longer wished to represent the employees in the bargaining unit.

Pursuant to section 63(17) of the Act, the Board declared that the union no longer represents the employees.

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 determined that at least forty percent of the individuals in the proposed bargaining unit were members.

The Board directed a representation vote to be held, with the ballot box sealed pursuant to a section 8.1 notice filed by the responding party.

The matter was referred to the Registrar to be scheduled with a related unfair labour practice application.

The parties informed the Ontario Labour Relations Board that they had settled the outstanding issues in respect of Board File No. 2617-99-R. Consequently, the Board cancelled the hearing scheduled for July 26, 2000.

The responding party requested an adjournment of an application for certification, arguing it should be heard alongside a related section 69 application.

The intervenors did not object, but the applicant opposed the request.

The Board declined to grant the adjournment in advance, directing that the issue be decided by the panel scheduled to hear the matter.

The applicant union applied for certification.

The Ontario Labour Relations Board issued a bottom-line decision dismissing the application under paragraph 8.1(5)[7] of the Labour Relations Act, 1995, with reasons to follow.

The Board noted there is no bar against a further application for certification by the applicant.

The applicant employer sought review of an Order to Pay issued by an Employment Standards Officer.

The employer had laid off the claimant and failed to pay termination pay when the lay-off ceased to be temporary.

The employer also withheld wages and deducted $25 for a customer complaint without written authorization.

The employer argued it withheld funds because the claimant refused to help collect an unpaid bill after her lay-off.

The Board dismissed the application, finding the employer had no legal right to withhold wages or termination pay, and ordered the funds held in trust to be paid to the claimant.

The Ontario Labour Relations Board declared the Ontario Public Service Employees Union as the bargaining agent for a specified unit of employees at Jeanne Sauve Family Services, following a lack of submissions from the responding parties.