Extension of time to file response granted to the employer.
The employer requested an extension of time to file its response.
The Ontario Labour Relations Board granted the request, extending the deadline to September 14, 2001.
Representation vote ordered in displacement application for certification of shift engineers and facility operators.
The applicant trade union filed a displacement application for certification to represent shift engineers and building facility operators employed by the responding party.
The employees were currently represented by the intervenor union.
The Board found that the applicant appeared to have the requisite membership support of not less than forty percent of the proposed bargaining unit.
The Board ordered a representation vote to be held.
The intervenor's objection regarding the timeliness of the application was deferred to a future hearing, noting that the existing collective agreement appeared to expire shortly.
Representation vote directed in application for certification.
The applicant trade union filed an application for certification.
The Ontario Labour Relations Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union.
The Board directed that a representation vote be taken of the eligible employees in the voting constituency.
Request to reschedule representation vote denied as applicant controls timing of certification application.
The applicant union requested to change the date of a representation vote from August 31, 2001, to September 4, 2001, because some employees would allegedly be out of town.
The employer opposed the request.
The Board dismissed the request, noting that the applicant controls the timing of the application and that it is the Board's usual practice to hold the vote within five business days, even if some employees are absent.
Extension of time granted to file materials in support of trade union status.
The applicant requested an extension of time to file materials in support of its trade union status.
The Ontario Labour Relations Board granted the request, extending the deadline to September 4, 2001.
Representation vote ordered in union certification application despite employer's dispute over bargaining unit composition.
The applicant trade union applied for certification to represent employees of the responding party.
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 Board found that the applicant established sufficient membership support in its proposed bargaining unit to warrant a representation vote.
The Board directed that a representation vote be taken, with segregated ballots for the disputed position of group leader.
Application adjourned sine die on consent pending resolution of related WSIB and human rights claims.
The parties agreed to adjourn the union's application indefinitely pending a final determination of the grievor's WSIB claim and human rights complaint.
The Ontario Labour Relations Board granted the adjournment sine die on consent.
Board directed applicant to provide details regarding request to admit fresh evidence during final argument.
During final argument, the applicant's representative requested permission to lead fresh evidence.
The Board directed the applicant to provide information regarding the nature of the evidence, its relevance, when and how it was obtained, and why it could not have been obtained earlier with reasonable diligence, before seeking the responding party's position.
Duty of fair representation application referred to a hearing due to factual disputes.
The applicant filed an application under section 96 of the Labour Relations Act, 1995 alleging a violation of section 74 by the responding party union.
Following a consultation, the Board determined that there were differences of fact that could only be resolved through a hearing.
The matter was referred to the Registrar to be scheduled for a hearing.
Employer's appeal of an Order to Pay dismissed due to failure to appear at the hearing.
The applicant employer appealed an Order to Pay issued by an Employment Standards Officer.
A hearing was scheduled, but neither the applicant nor the responding employee attended.
The Ontario Labour Relations Board dismissed the application due to the applicant's failure to appear and ordered the money held in trust to be paid to the employee.
Board rescinded prior decision and granted non-party 30 days to file submissions on document production.
The employer sought production of documents from the applicant's spouse, a non-party.
Following an adjourned hearing where the non-party objected to production, the Board directed submissions.
After receiving a letter from the non-party indicating she may not have received the Board's previous decision directing submissions, the Board rescinded its prior decision and granted her 30 days to file further submissions regarding the production issue.
Unfair labour practice complaint dismissed; reverse onus inapplicable to non-employee commercial contractor.
The applicant, who had a commercial relationship providing skipping workshops to schools, alleged that the Catholic Board banned him from its property in retaliation for his filing an unfair labour practice complaint against the neighbouring Public Board.
The Board held that the reverse onus under section 96(5) of the Labour Relations Act did not apply because the applicant was not an employee of the Catholic Board.
The application was dismissed as the applicant failed to adduce direct evidence that the Catholic Board's decision was motivated by his complaint against the Public Board.
Board amended previous decision to reflect an adjournment sine die instead of a withdrawal.
The Ontario Labour Relations Board amended its previous decision dated July 31, 2001, to reflect that the application was adjourned sine die for a period not exceeding one year, rather than being withdrawn, based on the agreement of the parties.
Motion to dismiss duty of fair representation complaint for lack of prima facie case denied; matter referred to consultation.
The applicant filed an application alleging a breach of section 75 of the Labour Relations Act, 1995.
The responding union requested that the Board dismiss the application without a hearing for failure to plead a prima facie case.
After reviewing the submissions, the Board declined to dismiss the application and referred the matter to the Registrar for a consultation.
Certification application dismissed and unfair labour practice complaint withdrawn following parties' Minutes of Settlement.
The union filed an application for certification and an unfair labour practice complaint against the employer.
The parties subsequently entered into Minutes of Settlement.
Having regard to the agreement, the Ontario Labour Relations Board granted the union leave to withdraw its unfair labour practice complaint and dismissed the application for certification.
The Board also directed the parties' attention to section 10(3) of the Labour Relations Act, 1995 regarding the effect of the dismissal on any subsequent certification application filed within one year.
Union certification granted following a successful representation vote among medical laboratory employees.
The Ontario Public Service Employees Union applied for certification as the bargaining agent for a unit of medical laboratory technologists, technicians, and assistants employed by Mount Sinai Hospital.
Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board directed that a certificate issue to the applicant.
Union certification granted following a successful representation vote.
The applicant union applied for certification to represent employees of Gibson Holdings (Ontario) Ltd. Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.
Union certification application dismissed after failing to secure majority support in representation vote.
The applicant union applied for certification.
A representation vote was held, but not more than fifty per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.
No statement of desire to make representations was filed.
The Ontario Labour Relations Board dismissed the application and directed the parties' attention to section 10(3) of the Act regarding subsequent applications.
Board scheduled an expedited hearing for an employer's application alleging an unlawful strike over schedule changes.
The applicant employer filed an application alleging that employees engaged in an unlawful strike after the employer added weekend shifts to their work schedules.
The employer sought a declaration that the strike activity was unlawful and a direction prohibiting it.
The Board reviewed the relevant provisions of the Labour Relations Act regarding unlawful strikes and scheduled the matter for an expedited hearing.
Employer's objection to representation vote dismissed as Board Officer's presence ensured ballot box integrity.
During a union certification representation vote, the Board Officer asked the employer's scrutineer to leave the room to discuss segregated ballots with the union scrutineer.
The employer objected to the vote results, arguing that leaving the unsealed ballot box in the presence of the union scrutineer and the Officer was inherently flawed and raised procedural concerns.
The Board dismissed the objection, finding that the presence of the Board Officer guaranteed the integrity of the process and that no allegations of impropriety were made against the Officer.