Gail Misra

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995.

The responding party employer failed to file a response or a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the Board deemed the responding party to have accepted all facts stated in the application.

The Board found that the employer violated the collective agreement by failing to provide required information on employee pay stubs, ordered compliance, and directed the employer to reimburse the union's filing fees.

The Ministry of Labour requested reconsideration of a Board decision that extended the time for an applicant to file an application for review of an Order to Pay.

The Ministry argued the Order was properly served on February 1, 2000, to the address on the Corporation Profile Report, rather than February 23, 2000, when it was re-sent to a new address.

The Board declined to reconsider, noting that the applicant did not receive the Order in a timely manner because the original address was out of date, and the application was filed within 45 days of the Order being re-sent.

The applicant, The Corporation of the City of Kitchener, sought to withdraw its application against the responding parties, Canadian Union of Public Employees, Local 791 and International Brotherhood of Electrical Workers, Local 636.

The Ontario Labour Relations Board granted leave for the application to be withdrawn.

The applicant union filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The responding parties raised two preliminary objections.

First, they sought to strike a paragraph in the application regarding future plans for a permanent long-term care facility, arguing it was premature and lacked material facts.

The Board dismissed this objection, ordering the responding parties to disclose their plans and produce relevant documents, as the information was arguably relevant to the union's case.

Second, the responding hospital objected to the union's allegation that contracting out the work breached section 70 of the Act.

The Board upheld this objection, finding no prima facie case of anti-union animus and concluding the matter was better suited for grievance arbitration.

The Ontario Labour Relations Board granted an adjournment of the hearing scheduled for July 4, 2000, on the consent of the parties.

The matter was rescheduled for September 5, 2000, and October 3, 2000.

The Ontario Labour Relations Board issued a decision amending the name of the responding party in a previously issued bargaining unit description and certificate.

The Board directed that a new certificate be issued under the correct name and that the applicant return the deficient certificate.

The union applied for certification and a representation vote was held.

After the vote, the parties agreed on a bargaining unit description that excluded office staff, and the employer signed an agreement that two specific individuals were excluded as office staff.

When the ballots were counted and the union won by one vote, the employer attempted to resile from its agreement, arguing the two individuals were not actually office staff and their segregated ballots should be counted.

The Board held that parties cannot resile from agreements reached during the certification process absent extraordinary circumstances.

The employer was bound by its agreement to exclude the individuals, their ballots were not counted, and a certificate was issued to the union.

The applicant union filed an application under section 96(7) of the Labour Relations Act, 1995, alleging that the responding parties failed to comply with a settlement agreement.

The responding parties did not attend the hearing.

The Board found that the responding parties breached the settlement by failing to pay the outstanding balance of $89,000.

The Board ordered the responding parties to pay the outstanding amount plus a 10 percent penalty, totaling $97,900, as stipulated in the settlement agreement.

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 no party requests to proceed.

The applicant brought an application against the responding party union, with the employer intervening.

Having regard to the Minutes of Settlement reached between the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

The applicant appealed an order made by an Occupational Health and Safety Inspector which required workers installing hangers and brackets on a casino construction project to hold a certificate of qualification as an Electrician Branch 1.

The order had resulted in the applicant's members being removed from the job and replaced by electricians.

On the fourth day of the hearing, the parties reached a resolution.

Pursuant to their memorandum of agreement, the Board rescinded the Inspector's order and noted the Ministry of Labour's policies regarding jurisdictional disputes and compulsory trades.

The applicant employers filed an application under section 144 of the Labour Relations Act, 1995, alleging that the responding unions and individuals were engaging in, authorizing, or encouraging an unlawful strike and picketing.

The Board outlined the statutory framework prohibiting unlawful strikes during the term of a collective agreement and the available remedies.

Given the need for expedition in unlawful strike applications, the Board scheduled the matter for an expedited hearing.

The applicant sought to withdraw its application against the responding union and the Ministry of Labour.

The Adjudicator granted leave and the application was withdrawn.

The applicant union applied for certification to represent construction labourers employed by the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board directed that a certificate issue.

The Board found it unnecessary to deal with the sufficiency of membership evidence in light of a previous decision, and noted no statements of desire were filed.

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

The Board granted leave to withdraw the application.

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

The application was filed after the 45-day statutory time limit.

The Board requested reasons for the delay to consider an extension of time, but the applicant did not respond.

The Board declined to exercise its discretion to extend the time limit and dismissed the application as untimely.

The applicant union requested the production of documents from the responding parties pursuant to sections 1(5) and 69(13) of the Labour Relations Act, 1995.

The Board had initially declined to order production from one of the responding parties because it was not satisfied that the party had been properly served.

After a subsequent hearing determined that the responding party had received notice, the union renewed its request.

The Board ordered the responding party to produce the requested documents.

The applicant employer sought a review of an Order to Pay under the Employment Standards Act.

The application was filed nine days after the 45-day statutory deadline.

The applicant requested an extension of time to file the application.

The Board found that the applicant had formed the intent to appeal early on, attempted to settle the matter, sought assistance from the Ombudsman, and paid the required monies into trust.

The Board exercised its discretion under section 68(4) of the Act to extend the time for filing the application.

The applicant trade union applied for certification to represent carpenters and carpenters' apprentices employed by the responding party.

Following a representation vote where more than fifty percent 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 issued two certificates pursuant to section 160(1) of the Labour Relations Act.

One certificate was issued for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the specified geographic areas.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer violated the collective agreement by employing non-union members.

The responding party failed to file a response or notice of intent to defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the employer violated the collective agreement and ordered it to pay $17,074.44 in damages and $214.00 for filing fees.