Brian McLean

The Ontario Labour Relations Board issued a decision amending a previous decision regarding a union representation vote.

The Board corrected an error to ensure the names on all ballots read 'UFCW Canada'.

Additionally, the Board amended the voting constituency to remove the exclusion for warehouse maintenance and janitorial employees, directing that their ballots be segregated.

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

The responding party failed to file a response within the stipulated time.

Finding that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members, the Board directed a representation vote.

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

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the parties agreed to all outstanding issues.

The Ontario Labour Relations Board found the proposed bargaining unit appropriate and ordered that a certificate issue to the applicant.

The applicant trade union applied for certification to represent a bargaining unit of employees of the Waterloo Region District School Board.

The responding party disputed the applicant's estimate of the number of employees and the appropriateness of the proposed bargaining unit, specifically arguing that cafeteria workers and hall monitors should not be in the same unit.

The Ontario Labour Relations Board found that the proposed bargaining unit could be appropriate and that the applicant had sufficient membership support.

The Board directed a representation vote, with the ballots of cafeteria workers and hall monitors to be segregated.

The union requested that the Board set additional dates and times for employees to cast ballots.

The Board directed the other parties to respond to the request by delivering submissions by a specified deadline.

The employer appealed an Order to Pay issued by an Employment Standards Officer after terminating a pregnant bartender because the employer found her pregnancy aesthetically unpleasant and bad for business.

The Board found that terminating an employee because she is eligible for pregnancy leave violates section 44 of the Employment Standards Act.

The Board declined to defer the matter to the Human Rights Commission, noting that the Act and the Code have overlapping jurisdiction regarding the protection of pregnant employees.

The employer's appeal was dismissed and the Director of Employment Standards was ordered to pay the employee.

The applicant employee appealed a decision by an Employment Standards Officer not to issue an Order to Pay against the responding party employer.

A hearing was scheduled, but neither the applicant nor the responding party appeared.

After standing down for 30 minutes and confirming that notice of the hearing had been sent, the Board dismissed the application due to the applicant's failure to attend.

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

The applicant union applied for certification to represent academic staff at the University of Sudbury.

The Board found the applicant to be a trade union and directed a representation vote.

The applicant requested a mail-in ballot for nine employees who lived outside Sudbury or were on sabbatical.

The Board denied the request, finding that the circumstances did not meet the limited criteria for a mail-in ballot, as employees choosing to live away from the workplace must accept the consequences of that choice.

The applicant union applied for certification as the bargaining agent for employees of the responding party.

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 certified the union for the agreed-upon bargaining unit.

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

The Board found that the applicant is a trade union and that the proposed bargaining unit is appropriate.

Based on the membership evidence, the Board determined that at least forty per cent of the individuals in the bargaining unit were members of the union, and directed a representation vote.

Although the employer gave notice under section 8.1 of the Labour Relations Act, 1995 disagreeing with the union's estimate of the number of employees, the Board compared the membership evidence with the employer's list and concluded the union still met the forty per cent threshold.

Accordingly, the Board ordered that the ballots be counted following the vote.

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

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

Following a representation vote where more than fifty per cent 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 granted the application and ordered a certificate to issue.

The applicant union applied for certification to represent academic staff at the University of Sudbury.

A request was made for some employees to cast their ballots by mail-in vote because they were on sabbatical, retired, or lived outside Sudbury.

The Ontario Labour Relations Board denied the request for a mail-in ballot, finding that the circumstances did not meet the limited criteria for such a vote.

The Board directed that a standard representation vote be held.

The applicant union applied for certification to represent registered nurses at a nursing home.

The Ontario Labour Relations Board found the applicant to be a trade union and determined the appropriate bargaining unit based on the parties' agreement.

Finding that at least forty percent of the individuals in the proposed unit were union members, the Board directed a representation vote to be held.

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

The Board found the applicant to be a trade union and directed a representation vote for the agreed-upon bargaining unit.

Although the employer gave notice under section 8.1 of the Labour Relations Act, 1995 disagreeing with the union's estimate of the number of employees, the Board determined that the 40% membership threshold was met regardless.

The majority directed that the ballots be counted following the vote.

Board Member Ronson dissented, arguing that section 8.1(4) requires the ballot box to be sealed when such notice is given.

The applicant union filed applications for certification and for termination of bargaining rights regarding employees at a nursing home.

The intervenor union claimed an existing collective agreement based on a voluntary recognition agreement and a subsequent ratification vote, which the applicant alleged was invalid.

The Board directed a representation vote to be held, with the ballot box sealed pending the determination of the validity of the intervenor's collective agreement.

The applicant union sought to withdraw its application.

The Ontario Labour Relations Board granted leave to withdraw the application.

The applicant union applied for certification to represent an 'all employee' bargaining unit of the responding party's employees in the Municipality of Metropolitan Toronto.

The responding party argued that the bargaining unit should be restricted to a specific street address and limited to a departmental unit, given the existing departmental bargaining structure at the facility.

The Board applied the test from Hospital for Sick Children and found that the proposed municipal-wide, all-employee bargaining unit was appropriate.

The Board concluded that the proposed unit would not cause serious labour relations problems and would reduce fragmentation.

The Board also determined that temporary employees, summer students, cylinder porters, and painters shared a sufficient community of interest to be included in the bargaining unit.

The Board directed that the ballots cast in the representation vote be counted.

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

The Board granted leave to withdraw the application and cancelled all previously set meeting and hearing dates.

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

The Board granted leave to withdraw the application and cancelled the previously scheduled meeting and hearing dates.