Brian McLean

The applicant union applied for certification.

The employer raised an objection under section 8.1 of the Labour Relations Act, arguing that the union did not have the support of 40% of the employees in the proposed bargaining unit.

After receiving additional information, the Board determined that the employer's objection was not numerically relevant, as the union had the requisite support even if the employer's estimate of the bargaining unit size was correct.

The matter was referred to the Manager of Field Services for a regional certification meeting.

The Ontario Nurses' Association filed an application with the Ontario Labour Relations Board against the Salvation Army Grace Health Services and Salvation Army Grace Hospital, Ottawa.

The application was withdrawn with leave of the Board.

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

The Ontario Labour Relations Board granted leave and the application was withdrawn.

The applicant trade union filed an application for certification.

The Ontario Labour Relations Board found that the applicant is a trade union under the Labour Relations Act, 1995, and that at least forty percent of the individuals in the proposed bargaining unit were members.

The Board ordered a representation vote to be held, with segregated ballots for disputed foreperson positions.

The applicant trade union filed an application for certification.

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 to obtain a representation vote and directed that a vote be taken.

A dissenting Board member would have directed the ballot box to be sealed pursuant to section 8.1(4) of the Act.

The employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The parties entered into Minutes of Settlement agreeing that the appeal should be allowed and the funds held in trust by the Director, totaling $14,136.75, should be returned to the employer.

The Ontario Labour Relations Board issued a consent order directing the payout of the trust funds and accrued interest to the employer, along with the return of the administrative fee.

The applicant appealed a decision by an Employment Standards Officer not to issue an Order to Pay.

The applicant failed to attend the scheduled hearing before the Ontario Labour Relations Board.

After waiting the customary 30 minutes, the Board dismissed the appeal due to the applicant's non-attendance.

The applicants filed complaints under section 96 of the Labour Relations Act, 1995, alleging that the union violated section 74 of the Act.

The responding party requested that the Board either require the applicants to provide additional information or dismiss the complaints without a hearing.

The Board directed the responding party to respond to the allegations contained in the applicants' recent correspondence before determining whether the matters ought to proceed to a hearing.

The applicant union withdrew its application for certification after a representation vote was held but before the ballots were counted.

The responding party argued that a one-year bar on subsequent applications should be imposed under section 7(10) of the Labour Relations Act, 1995.

The union argued the bar only applies if the ballots are counted.

The Board held that the plain meaning of 'after the representation vote is taken' in section 7(10) means after the employees cast their ballots, regardless of whether they are counted.

The Board imposed a one-year bar on any subsequent certification application by the union.

The applicant filed a complaint against the union but failed to set out any facts in the application, instead advising that witnesses and documentation would be provided later.

The Ontario Labour Relations Board dismissed the application at a consultation, noting that the Board's Rules require applicants to set out all facts relied upon so that the responding parties know the case they have to meet.

The Board found the applicant's explanation for failing to comply unacceptable and noted that nothing in the attached documents suggested a violation of the Act.

The applicants, constructors of a building project, appealed multiple orders issued by a Ministry of Labour health and safety inspector under the Occupational Health and Safety Act.

The orders related to various construction site hazards, including debris, missing guardrails, unsecured ladders, and inadequate lighting.

The Board reviewed the evidence, including photographs and testimony, and found that the applicants failed to discharge their burden of proof to overturn the inspector's orders.

The Board affirmed all the contested orders, noting that the regulations are specific and technical to ensure minimum health and safety requirements are met.

The applicant union sought a declaration under section 1(4) of the Labour Relations Act that the responding party and its numerous subsidiary corporations are related employers.

The responding party consented to the declaration.

The Board granted the application and declared the entities to be one employer for the purposes of the Act.

The applicant sought a declaration under sections 69 and 1(4) of the Labour Relations Act that Ontario Power Generation Inc. and its various subsidiary corporations are related employers.

Ontario Power Generation Inc. consented to the declaration.

The Board declared that the responding parties are associated or related businesses under common control and direction, constituting one employer for the purposes of the Act.

The applicant filed an unfair labour practice complaint under section 96 of the Labour Relations Act, 1995.

The responding party requested that the Board dismiss the application without a hearing on the basis that it did not disclose a prima facie breach of the Act and that the matter should be deferred to arbitration.

The Board directed the applicant to file submissions responding to the request for dismissal prior to scheduling a hearing.

The applicant union applied under section 69 of the Labour Relations Act, 1995.

Following a representation vote in which no employees cast ballots in favour of the applicant, the employer requested the termination of the applicant's bargaining rights.

The applicant did not oppose the request.

The Board declared that the employer was not bound by the collective agreement and terminated the applicant's bargaining rights for the specified voting constituency.

The applicant filed a duty of fair representation complaint against the responding party trade union.

The employer intervened, asserting that its labour relations fall under federal jurisdiction and that the Ontario Labour Relations Board lacks jurisdiction.

The Board directed the applicant to file written submissions explaining why the Board has jurisdiction to consider the complaint, failing which the application will be dismissed.

The applicant union brought a displacement application for certification.

Following a representation vote won by the applicant, the intervenor argued the application should be dismissed or the certificate delayed due to pending court and Canada Labour Congress proceedings.

The Board rejected this argument, consistent with its previous decisions on identical issues between the parties.

Finding that more than fifty percent of the ballots were cast in favour of the applicant, the Board ordered that a certificate issue.

The applicant union applied for certification to represent employees at the responding party's Ready Mix operation in Barrie.

Following a representation vote where more than fifty per cent 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 granted the certificate and defined the appropriate bargaining unit.

The applicant union sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

The applicant union applied for certification.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board ordered that a certificate issue to the applicant for the agreed-upon bargaining unit.