A. R. Foucault

Following the merger of two hospitals, the union and the successor employer agreed that the union's bargaining rights would extend to the combined group of employees, including previously non-unionized employees.

The intervenors, representing the formerly non-unionized employees, requested that the Board exercise its discretion under section 64(6)(e) of the Labour Relations Act to dovetail their seniority lists with the unionized employees, giving them full credit for their past service.

The Board dismissed the request, deferring to the agreement between the union and the employer, and noting that seniority is a bargaining unit concept that does not exist prior to collective bargaining.

The applicant unions sought interim relief under section 92.1 of the Labour Relations Act to prevent the responding school boards from imposing specific vacation weeks on employees during the summer.

The unions alleged that the employers' actions violated the freeze period under section 81 and constituted an unlawful lock-out under section 74.

The Ontario Labour Relations Board dismissed the applications, finding that while the unions may have an arguable case on some issues, the balance of harm did not favour granting interim relief.

Granting the orders would effectively give the unions a total victory without a hearing on the merits, and any harm to employees could be remedied through compensation if the unions ultimately succeeded.

The applicant, a Quebec-based union, applied for certification to represent employees in Ontario.

The respondent challenged the applicant's status as a trade union under the Labour Relations Act, arguing it had not followed proper steps in its formation, had discriminatory constitutional provisions, and lacked a viable presence in Ontario.

The Board found that the applicant had taken the necessary steps to establish itself as a trade union, that its constitutional provisions did not preclude such a finding, and that it was capable of carrying out the functions of a trade union in Ontario despite its headquarters being in Quebec.

The applicant was found to be a trade union within the meaning of the Act.