J. Harold Brown, Q.C.

The complainant, a taxi driver, filed complaints alleging that the respondent employer breached the statutory freeze provisions of section 79 of the Labour Relations Act by increasing taxi rentals after a union applied for certification.

The respondent raised a preliminary objection that the complainant lacked standing.

The Board held that the statutory freeze protects the rights of the trade union, not individual employees, and therefore only the trade union has standing to bring a complaint under section 79.

The complaints were dismissed.

The applicant union applied for certification in the construction industry.

The Board determined that only employees actually at work on the date of application should be counted in the bargaining unit, excluding those on lay-off or absent due to injury.

An employee filed a timely statement of desire opposing the union.

The majority of the Board found the statement to be a voluntary expression of the employee's true wishes, despite the employee retaining the employer's counsel for the hearing.

Consequently, the Board exercised its discretion to order a representation vote.

However, because the employer's business was seasonal and no employees were currently working, the Board deferred the vote until employees returned to work.

One Board member dissented, finding the statement of desire involuntary due to employer influence.

The applicant union alleged that the respondent employer sold a part of its business to the intervener when it contracted out the cleaning services for its office building.

The union sought a declaration under section 63 of the Labour Relations Act that the intervener was bound by the existing collective agreement.

The Ontario Labour Relations Board found that the respondent was primarily in the insurance business and that the contracting out of cleaning services was a bona fide arrangement based on economic considerations.

The Board concluded that there was no transfer of assets or employees, and thus no sale of a business within the meaning of the Act.

The application was dismissed.