J. J. Redshaw

The applicant union applied under section 40a of the Labour Relations Act for a direction to settle a first collective agreement by arbitration.

The union argued that collective bargaining was unsuccessful due to the employer's uncompromising stance, which was dictated by funding constraints imposed by the Ministry of Community and Social Services.

The Ontario Labour Relations Board dismissed the application, finding that the employer had made reasonable efforts to conclude an agreement and had not engaged in bad faith bargaining.

The Board concluded that the parties were not yet at an impasse and could benefit from further negotiations.

The applicant employers' organization applied for accreditation as the bargaining agent for certain employers in the residential sector of the construction industry who have a bargaining relationship with the respondent union.

The Ontario Labour Relations Board found that it had jurisdiction to entertain the application and that the applicant was a properly constituted employers' organization.

The Board determined the appropriate unit of employers and found that the applicant represented a majority of the employers in the unit, who in turn employed a majority of the employees affected.

Accordingly, the Board granted a certificate of accreditation to the applicant.