I. Redshaw

The applicant trade union sought an interim order for the production of documents and information from the responding employers in relation to an application under sections 1(4) and 64 of the Labour Relations Act.

The responding employers did not file a response to the request for the interim order.

The Board granted the requested order, noting that pre-hearing disclosure is particularly helpful in cases involving related employer and sale of business allegations, as it helps to flesh out material facts and identify issues.

The applicant union sought declarations that Economy Store Fixtures Limited and Flair Woodworking Ltd. constituted a single employer under section 1(4) of the Labour Relations Act, and that there had been a sale of a business from Economy to Flair under section 64.

The key individual, Frid, had controlled Economy, which went bankrupt shortly after his departure.

Frid subsequently incorporated Flair, purchased Economy's equipment at auction, and operated a similar business from the same premises.

The Board found that Frid was the key dynamic force in both companies and that Flair was essentially Economy reborn.

The Board granted the declarations, finding both a related employer relationship and a sale of business, thereby preserving the union's bargaining rights.

In a certification application, the respondent requested that the matter proceed directly to a hearing before the Board rather than continuing with an examination by a Labour Relations Officer, citing the number of witnesses and anticipated issues of credibility.

The Ontario Labour Relations Board dismissed the request, noting that credibility issues can usually be resolved by scrutinizing the verbatim transcript of the Officer's proceedings, and directed that the Officer's inquiry continue.

The parties requested a consent adjournment of a scheduled hearing before the Ontario Labour Relations Board.

The Board granted the adjournment but issued a decision expressing concern over the parties' repeated practice of requesting adjournments with minimal notice.

The Board emphasized that late adjournment requests squander limited institutional resources and warned that future requests lacking substantive reasons might be denied, even if on consent.

The matter was adjourned sine die.

The applicant union sought certification for a bargaining unit in the construction industry encompassing the ICI sector province-wide and Board Area #26 for all other sectors.

The respondent employer argued that because it had employees working in Board Area #6 on the application date, the unit should also include Board Area #6, and that the Board should consider community of interest criteria under section 6(1) of the Labour Relations Act.

The Board ruled that under section 144(1) of the Act, a trade union is not required to apply for more than one geographic area even if employees are working in multiple areas.

The Board defined the appropriate bargaining unit accordingly and authorized a Labour Relations Officer to inquire into the list of employees.

The union applied for certification of a unit of sheet metal workers in the construction industry.

The Board excluded two individuals from the bargaining unit because they were not lawfully engaged in the compulsory certified trade of sheet metal worker under the Apprenticeship and Tradesmen's Qualification Act.

The Board also declined to give weight to an employee petition opposing certification, finding that the working foreman who circulated it made statements that would give employees reasonable cause to fear employer reprisal.

As the union had the support of more than fifty-five percent of the employees in the unit, the Board issued certificates to the union.