Duty of fair representation complaint dismissed due to unexplained two-year delay in filing.
The applicant filed a duty of fair representation complaint against the union over two years after the union decided not to proceed with his termination grievance.
The applicant argued the delay was justified by his language barrier, unfamiliarity with the law, and lack of knowledge about the Board.
The Board dismissed the application, finding that while unfamiliarity with the law may justify some delay, a delay of over two years is inherently prejudicial to the responding parties and cannot be excused.
Preliminary motion to defer unfair labour practice complaint to arbitration dismissed.
The applicant union filed an unfair labour practice complaint alleging the hospital failed to provide sufficient and timely staffing information, interfering with the union's administration contrary to section 70 of the Labour Relations Act, 1995.
The hospital brought a preliminary motion requesting the Board decline to hear the application, arguing the matter had been dealt with in previous arbitrations and should be deferred to the grievance procedure.
The Board dismissed the preliminary motion, finding it was not clear that the core issue had been resolved by an arbitrator, and directed that the application proceed to a hearing.
Application for review of employment standards decision dismissed after applicant failed to appear.
The applicant sought a review of an Employment Standards Officer's refusal to issue an order to pay.
The applicant failed to appear at the scheduled hearing.
As the applicant bore the burden of proof, the Ontario Labour Relations Board dismissed the application at the request of the responding parties.
Applicant directed to file reply to union's response in duty of fair representation complaint.
The applicant filed a duty of fair representation complaint against the union regarding his dismissal by the school board.
The union filed a detailed response asserting it filed a grievance but decided not to proceed to arbitration due to the applicant's disciplinary record, and argued the application lacked a prima facie case and was untimely.
The Board directed the applicant to file a reply to the union's factual assertions and timeliness arguments by a specified date, failing which the application would be deemed terminated.
Application for review of Order to Pay dismissed due to applicant's failure to appear.
The applicant employer sought a review of an Order to Pay made by an Employment Standards Officer.
As the applicant bore the burden of proof, the Ontario Labour Relations Board dismissed the application and directed the Director of Employment Standards to pay out the trust funds to the claimant and the Government of Ontario.
Union certification application dismissed after failing to secure majority in representation vote.
The applicant union filed an application for certification.
A representation vote was held, but not more than fifty per cent of the ballots were cast in favour of the applicant.
No statement of desire to make representations was filed following the vote.
The Ontario Labour Relations Board dismissed the application and directed the parties' attention to the potential one-year bar on subsequent applications under section 10(3) of the Labour Relations Act, 1995.
Union certification application dismissed after applicant failed to win majority in representation vote.
The applicant union applied for certification.
A representation vote was held, and the applicant did not receive more than fifty per cent of the ballots cast by employees in the bargaining unit.
The Ontario Labour Relations Board dismissed the application and directed the parties' attention to section 10(3) of the Labour Relations Act, 1995 regarding subsequent applications.
Union declared not to be the exclusive bargaining agent following an unsuccessful representation vote.
Following a settlement agreement and a representation vote where the majority of affected employees did not vote in favour of the applicant union, the Ontario Labour Relations Board declared that the International Union of Operating Engineers, Local 793 is no longer the exclusive bargaining agent for the Thunder Bay employees of Superior Propane Inc. The application was terminated as fully and finally resolved.
Duty of fair representation complaint dismissed on a prima facie basis; union took grievance to arbitration.
The applicant filed a complaint alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995, following his termination for theft.
The union had grieved the termination and taken the matter to arbitration, where the grievance was dismissed.
The Board dismissed the application on a prima facie basis without a hearing, finding that the applicant was attempting to re-litigate the arbitration and failed to plead facts showing the union acted in a manner that was arbitrary, discriminatory, or in bad faith.
Application for certification dismissed after union failed to win majority in representation vote.
Following a representation vote where not more than 50% of the ballots were cast in favour of the applicant, and with no statement of desire to make representations filed, the Ontario Labour Relations Board dismissed the application.
The Board noted the potential application of section 10(3) of the Labour Relations Act, 1995 to any subsequent application filed within one year.
Application withdrawn at the request of the applicant with leave of the Board.
The applicant requested to withdraw her application against the Service Employees International Union, Local 183.
The Ontario Labour Relations Board granted leave and the application was withdrawn.
Applications under the Employment Standards Act withdrawn following settlement; trust funds disbursed.
The parties settled their outstanding issues regarding applications under the Employment Standards Act.
The Board directed the Director of Employment Standards Branch to disburse the money held in trust, with $733.37 to the employee and $100.00 to the Government of Ontario Consolidated Revenue Fund.
Both applications were withdrawn with leave of the Board.
Board grants sine die adjournment of Minister's referral on consent of the parties.
The Minister of Labour referred a matter to the Ontario Labour Relations Board under subsection 3(2) of the Hospital Labour Disputes Arbitration Act.
The parties agreed to adjourn the matter sine die and the hearing dates were cancelled.
The Board consented to the adjournment for a period not exceeding one year, subject to any objection from the Minister of Labour within ten days.
Duty of fair representation complaint dismissed; union steward did not act arbitrarily in advising resignation.
The applicant, a former senior cash clerk at Goodwill Industries, filed an application alleging that her union violated section 74 of the Labour Relations Act by breaching its duty of fair representation.
The applicant was terminated after private detectives reported she failed to ring in cash transactions.
The employer offered to withhold criminal charges if she resigned.
The applicant alleged her union steward coerced her into resigning and provided reckless advice.
The Board dismissed the application, finding that the union steward did not act in an arbitrary, discriminatory, or bad faith manner, and that the applicant made an informed decision to resign after consulting with a friend.
Union decertified after majority of employees vote in opposition during representation vote.
The applicant applied to terminate the bargaining rights of the responding party union.
Following a representation vote where more than fifty percent 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 Jarvis Design & Display Ltd.
Extension of time to file a response and intervention granted.
The responding party requested an extension of time to file a response.
The Ontario Labour Relations Board granted the request, extending the time for filing a response and any intervention to October 26, 2001.
Representation vote directed in certification application with ballot box sealed due to bargaining unit dispute.
The applicant trade union applied for certification to represent a bargaining unit of employees at Cancer Care Ontario.
The Board found that the applicant established sufficient membership support to warrant a representation vote.
However, because the responding party proposed a significantly larger bargaining unit reflecting a pre-existing unit, the Board directed that the representation vote proceed but ordered the ballot box sealed and all ballots segregated pending a final determination on the appropriate bargaining unit composition.
Union certification granted for security guards following a successful representation vote.
The applicant union applied for certification as the bargaining agent for security guards employed by the responding party.
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 found the bargaining unit appropriate.
The Board ordered that a certificate issue to the applicant union.
The applicant requested leave to withdraw its application before the Ontario Labour Relations Board.
The Board granted the request and the application was withdrawn.
The applicant, Ontario Union of Stationary Engineers, requested to withdraw its application against the International Union of Operating Engineers, Local 772.