Employer ordered to pay $25,000 in damages for knowingly hiring non-union employees in violation of collective agreement.
The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, alleging the responding party violated the collective agreement by hiring non-union employees.
The responding party failed to attend the hearing.
The Board found that the responding party knowingly and repeatedly violated the hiring provisions of the collective agreement despite warnings from the union.
The Board ordered the responding party to comply with the agreement and pay $25,000 in damages pursuant to the collective agreement, plus $749 in disbursements.
Extension of time to file submissions granted due to counsel's unavailability.
The responding parties requested an extension of time to file submissions regarding a request for reconsideration, citing the unavailability of their counsel who was out of the country.
The Ontario Labour Relations Board granted the brief extension to May 7, 2001, and allowed the applicant two days thereafter to file reply submissions.
Board requests submissions on whether to disclose Form A-74 in construction industry certification applications.
In a construction industry certification application, the responding employer requested that the Board provide it with the completed Form A-74 Declaration Verifying Membership Evidence, arguing it was necessary to decide whether to maintain its section 8.1 challenge under the Labour Relations Act, 1995.
The Board directed the applicant union to provide submissions on whether the Board should change its longstanding administrative practice of not providing this document in construction applications, before making a determination.
Representation vote ordered and ballot box sealed pending resolution of jurisdictional and bargaining unit disputes.
The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.
The responding party filed a section 8.1 notice challenging the employee estimate, asserted that its labour relations fall under federal jurisdiction, and disputed the proposed bargaining unit.
Without determining the appropriate bargaining unit or the jurisdictional issue, the Board directed that a representation vote take place among employees in the proposed voting constituency.
The Board ordered the ballot box sealed pending the determination of the outstanding issues.
Board issues orders and directions incorporating parties' Minutes of Settlement in grievance arbitration.
The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act.
Prior to the calling of evidence, the parties entered into Minutes of Settlement resolving the majority of the issues, including the fabrication of fixture chains and retroactive premium pay for improperly paid foremen.
The Board issued orders and directions in accordance with the Minutes of Settlement and adjourned the remaining issues sine die.
Application withdrawn with leave of the Board.
The applicant union sought to withdraw its application against the responding parties.
The Ontario Labour Relations Board granted leave to withdraw the application.
Representation vote ordered in construction industry certification application with ballot box sealed.
The Board found that the applicant appeared to have the requisite membership support of not less than forty percent in the proposed bargaining unit.
The responding party agreed with the bargaining unit description but filed a notice under section 8.1 of the Act disputing the applicant's estimate of the number of employees and requested that the ballot box be sealed.
The Board directed that a representation vote be taken and ordered the ballot box sealed pending further order or agreement of the parties.
Grievance referral adjourned sine die pending provision of particulars and document production.
The applicant referred a grievance to the Board under section 133 of the Labour Relations Act, 1995.
The responding party raised preliminary motions seeking particulars and requesting dismissal for abuse of process.
The Board directed the applicant to provide specific particulars of the grievance within twenty working days.
Given the need for particulars, pending document production from a related proceeding, and ongoing judicial proceedings, the Board adjourned the matter sine die for up to one year, setting out a schedule for the exchange of material facts should the matter be relisted.
Grievance referral adjourned sine die for up to one year at applicant's request.
The applicant requested to adjourn the grievance referral sine die.
The Ontario Labour Relations Board granted the request, adjourning the matter for a period not exceeding one year, after which it will be deemed terminated if no further action is taken.
Board ordered responding party to produce payroll records to verify amounts owed under settlement agreement.
The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995.
The parties had reached an agreement in principle to resolve the dispute over remittances and wages, but disagreed over the details.
The applicant sought an order directing the production of relevant records to verify the amounts owed.
The responding party did not oppose the request.
The Board directed the responding party to produce payroll and time records for the period ending November 1999.
The Board remained seized of the matter should the parties be unable to agree on the amounts or if the applicant sought production for a period beyond November 1999.
Grievance referral adjourned sine die based on parties' Minutes of Settlement.
The applicant referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.
Having regard to the Minutes of Settlement filed by the parties, the Board adjourned the application sine die, noting it would be deemed terminated if no request to proceed was made within one year.
Application withdrawn at the request of the applicant following the filing of Minutes of Settlement.
The applicant requested to withdraw its application following the filing of Minutes of Settlement between the parties.
The Ontario Labour Relations Board granted the request and the application was withdrawn.
Procedural direction issued for the filing of submissions.
The Ontario Labour Relations Board issued a procedural direction regarding the filing of submissions.
The responding party was directed to file its submissions within five days, and the applicant was given two days thereafter to file a reply.
Hearing adjourned due to the responding party's failure to appear.
The applicant requested an adjournment after the responding party failed to appear at the scheduled hearing.
The Ontario Labour Relations Board granted the request and adjourned the hearing to May 7, 2001.
Consent order issued incorporating settlement of construction industry grievance and related employer application.
The applicant union filed a construction industry grievance and a related/successor employer application against the responding employers.
The parties reached a Memorandum of Settlement to resolve the disputes, which included a $90,000 payment to the union and the dismissal of the application against certain responding parties.
The Ontario Labour Relations Board issued a consent order incorporating the terms of the settlement and declaring the primary employer bound by the provincial collective agreement.
Grievance hearing adjourned to allow union to consider proceeding first with its case.
The applicant union referred a grievance to the Ontario Labour Relations Board alleging that the responding party employer discharged the grievor without just cause.
At the hearing, the Board ruled that evidence from the grievor's treating physician was not relevant.
The Board suggested the applicant might wish to proceed first with its case given the factual issues.
The applicant requested an adjournment to consider this and because the grievor's evidence would not be completed in the remaining time.
The responding party did not consent but understood the reasons.
The Board granted the adjournment, noting the parties' agreement on a cap for potential damages.
Grievance referral withdrawn at the request of the applicant union.
The applicant union referred a grievance to the Ontario Labour Relations Board against the responding party employer.
The applicant subsequently requested to withdraw the referral.
The Board granted the request and the referral was withdrawn.
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 granted the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if neither party requests to proceed.
Grievance referral withdrawn at the request of the applicant.
The applicant requested to withdraw its referral of a grievance to the Ontario Labour Relations Board.
Union certification application dismissed after representation vote failed to achieve majority support.
The applicant union applied for certification.
Following a representation vote where not more than fifty per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.
The parties had previously resolved challenges to the voters' list with the assistance of a Labour Relations Officer.