Application adjourned sine die on consent for up to one year.
The applicant union and responding employer agreed to adjourn the application sine die.
The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if neither party requests to proceed.
Board directed parties to file materials and scheduled a consultation for unresolved labour transition issues.
The applicant applied under the Public Sector Labour Relations Transition Act, 1997.
Following an officer's report indicating unresolved issues, the Ontario Labour Relations Board directed the parties to file briefs and documents outlining the issues in dispute and the facts relied upon.
The Board scheduled a consultation to hear representations and potentially render a final decision on the unresolved matters.
Application for certification dismissed after union failed to win representation vote; polling location change immaterial.
The applicant union filed a statement of desire to make representations following a representation vote, alleging that a change in the polling location denied employees the opportunity to vote.
The Ontario Labour Relations Board found that the change in location had no effect on the potential voter turnout, as eleven persons voted out of an estimated eight to ten eligible employees.
As not more than fifty per cent of the ballots were cast in favour of the union, the application for certification was dismissed, and a one-year bar on further applications was imposed.
Pre-hearing production of documents ordered in related employer and sale of business application.
The applicant requested an order for the production of documents prior to the commencement of a hearing into an application under sections 69 and 1(4) of the Labour Relations Act, 1995.
The Ontario Labour Relations Board granted the request, ordering the responding parties to produce all requested documents in their possession, care, or control by February 7, 2000.
Employer ordered to disclose records regarding challenged employees in union certification application.
In an application for certification, 39 ballots were segregated and challenged.
At the Regional Certification Meeting, the employer refused to disclose its records about the challenged employees, preventing the parties from making required submissions.
The union requested an order for disclosure.
The Board granted the request, emphasizing that the certification process relies on disclosure to resolve issues expeditiously.
The employer was ordered to disclose payroll, licensing, and billing records at a newly scheduled Regional Certification Meeting.
Application withdrawn by leave of the Board.
The applicant, International Brotherhood of Electrical Workers, Local 353, sought to withdraw its application against the responding party, Cablecom International Network Cabling.
The Ontario Labour Relations Board granted leave to withdraw the application.
Application adjourned sine die on consent of the parties for up to one year.
The applicant union and responding party employer agreed to adjourn the application sine die.
The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application would be deemed terminated if no party requested to proceed.
Board rescinds previous finding of trade union status, requiring applicant to establish it before certification.
The Ontario Labour Relations Board rescinded paragraph 2 of its January 17, 2000 decision, which had found the applicant to be a trade union.
The Board noted that the applicant had not in fact established trade union status and would be required to do so before any certificate could issue.
Time for filing employment standards review extended where applicant expressed intention to appeal within deadline.
The applicant sought a review of an Employment Standards Officer's decision denying her termination pay in lieu of notice.
The application was officially filed after the 45-day deadline because the applicant initially filed the incorrect forms.
The Board exercised its discretion under section 68(4) of the Employment Standards Act to extend the time for filing, noting that the applicant had expressed her intention to appeal within the 45-day period.
The application was deemed timely.
Representation vote directed in construction industry certification application after employer failed to respond.
The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.
The responding party failed to file a response within the stipulated time.
Based on the application and membership evidence, the Board found that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union.
The Board determined the appropriate bargaining unit and directed that a representation vote be taken.
Representation vote directed in construction industry certification application.
The Board found that the applicant is a trade union and an affiliated bargaining agent.
Based on the membership evidence, the Board determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.
The Board defined the appropriate bargaining unit and directed that a representation vote be taken.
Consent order issued declaring collective agreement violations and ordering $1,750 in damages.
The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.
Prior to the hearing, the parties entered into a Memorandum of Agreement.
The Board issued a consent order declaring that the responding party was bound by the relevant collective agreements, had violated them, and ordered the payment of $1,750.00 in damages as a full and final settlement.
Applications withdrawn with leave of the Board following a settlement between the parties.
The applicant, CUPE, Local 5, filed applications against the City of Hamilton, Lael Construction Company, and the Ministry of Labour.
Having regard to a settlement reached between the parties, the applications were withdrawn with leave of the Board.
The applicant, Brewers Retail Inc., sought to withdraw its application against the responding parties, Inspector R David Naish and the Ministry of Labour.
The Ontario Labour Relations Board granted leave and the application was withdrawn.
Employer's application for review of an Order to Pay dismissed as untimely without reasonable explanation.
The employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act more than two years after the order was issued.
The employer requested an extension of time to file the application, arguing it was unaware the order was being enforced while the Employment Standards Officer attempted to negotiate a settlement.
The Board found that the employer was explicitly advised in July 1999 that the order would be enforced and was given a further deadline of October 1999, which it also missed.
Finding no good reason to exercise its discretion to extend the time limit, the Board dismissed the application as untimely.
Employers are not required to provide vacation pay for vacation time accrued during unpaid pregnancy or parental leave.
The Ontario Labour Relations Board reviewed an Employment Standards Officer's decision regarding vacation pay for employees on pregnancy and parental leave.
The employer's policy allowed employees to accrue vacation time during such leaves but did not provide vacation pay for that accrued time, as the leaves were unpaid.
The Board found that the employer's vacation policy provided a greater right or benefit than the minimum standards in the Employment Standards Act.
Furthermore, the Board held that while the Act requires the accrual of service and vacation time during pregnancy and parental leaves, it does not require employers to provide vacation pay for time accrued during these unpaid leaves.
The Officer's Order to Pay was rescinded.
Order to pay rescinded; employer proved probationary termination decision predated knowledge of employee's pregnancy.
The employer applied for a review of an Employment Standards Officer's Order to Pay, which had found that the employee was terminated because of her pregnancy.
The employee was terminated at the end of her three-month probationary period.
The employer argued the termination was due to poor work performance, specifically typographical errors, and that the decision was made before it learned of the pregnancy.
The Board found the employer's witnesses credible and accepted documentary evidence showing the termination decision and paperwork were initiated days before the employee disclosed her pregnancy.
The Board concluded the termination was not a reprisal for pregnancy and rescinded the Order to Pay.
Employer appeals of Orders to Pay for unauthorized wage deductions dismissed due to invalid authorizations.
The employer appealed Orders to Pay issued by an Employment Standards Officer regarding unauthorized deductions from the wages of three young summer employees for alleged cash shortages.
The Ontario Labour Relations Board found that the employer had no authority to make the deductions, as the blanket authorizations relied upon did not meet the requirements of Regulation 325 under the Employment Standards Act.
Furthermore, the Board found the employer's accounting documentation unreliable and insufficient to substantiate the alleged shortages.
The appeals were dismissed and the Orders to Pay were upheld.
Construction of a retirement residence with extensive care services determined to be in the ICI sector.
The applicant union filed a grievance alleging that the responding parties assigned mechanical work on the Kingsway Retirement Residence project to a non-union contractor.
The parties sought a sector determination from the Ontario Labour Relations Board to decide whether the project fell within the industrial, commercial, and institutional (ICI) sector or the residential sector.
After reviewing the end-use of the facility, which included significant medical and care services, common dining, and 24-hour nursing staff, the Board concluded that the retirement residence was institutional in nature.
Consequently, the Board determined that the construction project fell within the ICI sector of the construction industry.
Termination of employee leasing contract and direct hiring of workforce constituted a sale of a business.
The applicant union was certified to represent employees of a personnel business working at a social service agency.
The agency terminated its contract with the personnel business and directly hired all the employees, maintaining the same operations, location, and clientele.
The union argued this constituted a sale of a business under section 69 of the Labour Relations Act.
The Board found that the personnel business's essential asset was its specialized workforce, and the transfer of this workforce to the agency constituted a sale of a part of a business.
Consequently, the union's bargaining rights continued with the agency as the successor employer.