Board panel recused itself from deciding consequences of settlement breach due to its prior mediation role.
The applicant union breached a settlement agreement by paying a $1,000 photocopying fee late.
The responding employers sought to have the applications dismissed as a consequence of the breach, and requested that the Board consider representations made during the mediation process.
The Board panel, having mediated the settlement, decided to recuse itself from determining the consequences of the breach, as it would be inappropriate for the panel to hear evidence regarding confidential mediation communications.
The matter was referred to the Registrar to assign a different panel to hear the employers' request for dismissal.
Board upholds one work assignment to Millwrights but finds second assignment violated conveyor agreement.
The applicant Ironworkers filed two jurisdictional dispute complaints regarding work assigned by the employer to the Millwrights.
The first complaint involved repair and maintenance of slat conveyors at a Toyota plant, which the Board upheld as correctly assigned to the Millwrights based on area practice and the International Agreement.
The second complaint involved the installation of an overhead mono-rail conveyor at a Budd plant.
The Board found the employer incorrectly assigned all phase 2 work to the Millwrights, holding that the work should have been assigned in accordance with the conveyor agreement, which would have allocated a portion of the work to the Ironworkers.
Applications withdrawn with leave of the Board.
The applicant union sought to withdraw its applications against the responding parties.
The Ontario Labour Relations Board granted leave to withdraw the applications.
Consent request to extend filing dates granted.
The applicant requested an extension of time to file materials on consent of the responding party.
The Board granted the request, extending the applicant's filing date to December 21, 2001, and the responding party's filing date to January 7, 2002.
Grievance referral granted by default; employer ordered to pay damages for collective agreement violations.
The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.
The responding party employer failed to file a response or notice of intent to defend.
Applying its Rules of Procedure, the Board deemed the employer to have accepted the facts in the application.
The Board declared the employer bound by the collective agreement, found it had violated the agreement, and ordered it to pay $6,086.54 in damages and $214.00 in statutory costs.
Board consolidated grievance referral and related employer applications and granted extension to file responses.
The applicant union filed a referral of grievance and a related employer/sale of business application against the responding parties.
The applicant requested that the matters be consolidated and waived the time limits for the grievance referral.
The responding party requested an extension of time to file responses.
The Board ordered that the matters be processed together for all purposes and granted the responding party an extension of time to file replies.
Employer ordered to pay $44,730 in damages for unpaid wages and benefits in default judgment.
The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer failed to remit benefit contributions and pay proper wages.
The responding party failed to file a Request for Hearing and 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, ordered compliance, and awarded $44,730.00 in damages plus $214.00 in costs.
Hearing adjourned sine die for a period not exceeding one year.
The Ontario Labour Relations Board adjourned the hearing of the matters scheduled for January 2002 sine die for a period not exceeding one year.
The Board noted that unless either party requests to proceed within that time, the matter will be deemed terminated without further notice.
Application withdrawn with leave of the Board.
The applicant union sought to withdraw its application before the Ontario Labour Relations Board.
The Board granted leave to withdraw the application.
Grievance application adjourned sine die on consent of the parties.
The applicant union filed a grievance against the responding party employer.
On consent of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year, to be deemed terminated if no request to proceed is made within that time.
Application withdrawn with leave of the Board at the applicant's request.
The applicant requested to withdraw its application.
The Ontario Labour Relations Board granted the request, and the application was withdrawn with leave of the Board.
Application adjourned sine die for up to one year on consent of the parties.
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.
The applicant, Labourers’ International Union of North America, Local 493, sought to withdraw its application against the responding parties, United Brotherhood of Carpenters and Joiners of America, Local 2486 and Interpaving Limited.
The Ontario Labour Relations Board granted leave to withdraw the application.
Discharge for safety policy violation excessive for 37-year employee; five-day suspension substituted.
The union grieved the termination of an employee with 37 years of seniority who was discharged for failing to wear a fall arrest harness on a construction site, contrary to the employer's safety policy.
The union conceded the breach but argued the penalty was excessive.
The Ontario Labour Relations Board found that while a severe disciplinary response was warranted given the employee's prior safety warnings and careless attitude toward the policy, discharge was excessive in light of his lengthy seniority.
The Board substituted a five-day suspension for the discharge.
Adjournment of certification hearing denied absent consent of all parties.
The applicant union in one of two related certification applications requested that the matters be heard together and that an upcoming hearing date be adjourned due to counsel's unavailability.
The Ontario Labour Relations Board denied the request, stating it would not delay the hearing of a certification application absent the consent and agreement of all parties.
Grievance referral adjourned sine die on consent of the parties.
The applicant union and responding employer agreed to adjourn the grievance referral sine die.
The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if neither party requests to proceed.
Board issued consent order declaring employer bound by collective agreement and awarding $6,000 in damages.
Prior to the hearing, the parties entered into a Memorandum of Agreement.
The Board issued a consent order declaring that the responding party is bound by the collective agreement, violated articles 4 and 5, and directed the responding party to pay $6,000 in damages to the applicant.
Application for non-construction employer declaration dismissed due to res judicata from prior Board decisions.
The applicant sought a declaration terminating the bargaining rights of the responding party trade union, claiming it was a 'non-construction employer' under section 127.2 of the Labour Relations Act, 1995.
The responding party and intervenor brought a preliminary motion to dismiss the application on the basis of res judicata, arguing that the Board had previously determined the applicant was an employer in the construction industry.
The Board agreed, finding that earlier decisions had conclusively determined the applicant carried on business in the construction industry.
As the statutory definitions had not materially changed, the applicant was precluded from relitigating the issue.
The application was dismissed.
Board issues consent order declaring sole proprietor bound to collective agreement and ordering $18,000 payment.
The applicant union referred grievances and a related employer/sale of business application to the Ontario Labour Relations Board.
Prior to the hearing, the parties entered into Minutes of Settlement.
The Board issued a consent order declaring that the responding party sole proprietor is bound by the Provincial Collective Agreement, that she violated the agreement, and ordering her to pay $18,000 to the applicant.
The remaining applications were withdrawn with leave of the Board.
Applications withdrawn with leave of the Board following agreement of the parties.
The applicant union filed two applications against the responding party employer.
Having regard to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the applications.