Representation vote directed in construction industry certification application despite bargaining unit dispute.
The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.
The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and proposed a different unit.
The Board found that the applicant established sufficient membership support to warrant a representation vote.
The Board directed that a representation vote be taken of the individuals in the voting constituency, with segregated ballots for disputed positions.
Representation vote ordered in construction industry certification application after responding party failed to file response.
The responding party failed to file a response within the stipulated time.
The Board found that the applicant appeared to have the requisite membership support of not less than forty percent of the individuals in the proposed bargaining unit.
Consequently, the Board determined the appropriate bargaining unit and directed that a representation vote be taken among the eligible employees.
Employer given five days to respond to union's request to amend employer name on certification application.
The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.
The responding party employer did not participate, and a majority of employees voted in favour of the applicant.
The applicant subsequently requested to amend the employer's name on the application.
The Board granted the employer five days to provide submissions regarding the name change before issuing the certificate.
Board orders representation vote in construction industry certification application.
The Board found that the applicant is a trade union and an affiliated bargaining agent.
Based on the membership evidence, the Board determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.
The Board defined the appropriate bargaining unit and directed that a representation vote be taken.
Application withdrawn with leave of the Board.
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The Ontario Labour Relations Board granted the request and the application was withdrawn with leave of the Board.
Applications withdrawn with leave of the Board.
The applicants in two related Ontario Labour Relations Board matters requested to withdraw their respective applications.
The Board granted leave and both applications were withdrawn.
Representation vote directed in displacement application for certification in the construction industry.
The applicant union filed a displacement application for certification under the construction industry provisions of the Labour Relations Act, 1995.
The incumbent union intervened.
The Board found that the applicant appeared to have the requisite membership support of not less than forty percent of the proposed bargaining unit.
The Board directed a representation vote to be held for the largest possible voting constituency, noting that the applicant's status as a trade union and the appropriateness of the bargaining unit would be determined at a subsequent hearing.
Representation vote ordered in displacement application for certification with ballot box sealed due to numerical dispute.
The responding party and intervenor disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Act.
The Board found the proposed bargaining unit could be appropriate but noted a significant numerical difference between the parties' estimates.
The Board ordered a representation vote to be held, with the ballot box sealed until the parties agree or the Board orders otherwise.
Representation vote ordered in construction industry certification application.
The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Act.
The Board found that the applicant established sufficient membership support to obtain a representation vote.
The Board directed that a representation vote be taken of the individuals in the voting constituency.
The applicant trade union filed a displacement application for certification under the construction industry provisions of the Labour Relations Act, 1995.
The intervenor, which currently represents the employees, disputed the proposed bargaining unit and asserted no employees were working on the application date.
The Board found that the applicant filed sufficient membership evidence and directed a representation vote of the largest possible voting constituency, deferring the determination of the appropriate bargaining unit and the applicant's trade union status until after the vote.
The Board found that the applicant appeared to have the requisite 40 percent membership support in the proposed bargaining unit.
Despite a dispute over the bargaining unit description and the number of employees, the Board directed a representation vote for the largest possible voting constituency, leaving the appropriateness of the unit to be determined after the vote.
The applicant sought to withdraw its application.
The Ontario Labour Relations Board granted leave to withdraw the application.
Application adjourned sine die on consent for up to one year.
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.
Board determines airport glycol recovery tanks fall in sewers and watermains sector, while fresh glycol tank foundations fall in ICI sector.
In a work assignment dispute under section 99 of the Labour Relations Act, 1995, the Ontario Labour Relations Board was asked to make a preliminary sector determination regarding the carpentry portion of concrete forming construction at the Lester B. Pearson International Airport's Central De-Icing Facility.
The work involved underground vaults, holding tanks, and the foundation and above ground base for fresh Glycol tanks.
Applying an end-use analysis, the Board determined that the construction of the underground vaults and holding tanks, which manage effluent without changing its composition, falls within the sewers and watermains sector.
However, the construction of the foundation and above ground base for the fresh Glycol tanks, which are used for the commercial activity of applying fresh Glycol to aircraft, falls within the industrial, commercial and institutional (ICI) sector.
Grievance referral adjourned sine die on consent of the parties.
The applicant union filed a grievance referral against the responding employer.
On agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year.
Board issued consent order declaring employer bound by collective agreement and ordering damages for unpaid benefits.
The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging that the responding party employer violated the collective agreement by failing to pay benefits, dues, contributions, and deductions.
Prior to the hearing, the parties entered into a Memorandum of Agreement to resolve the matter.
The Board issued declarations and orders in accordance with the agreement, finding the employer bound by the collective agreements and ordering the payment of $1,357.11 in damages and $2,000.00 in costs.
Adjournment request granted by the Board on consent of the parties.
The parties requested an adjournment of the matter.
The Ontario Labour Relations Board consented to the request and adjourned the matter to specific dates in March, April, and May 2001.
Consent order issued directing employers to pay $32,914.91 for collective agreement violations.
The applicant union referred a construction industry grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.
The parties reached a memorandum of agreement acknowledging that the responding employers were bound by the collective agreement and had violated it.
The Board issued a consent order directing the employers to pay $32,914.91 in damages through scheduled installments.
The applicant union sought to withdraw its application.
Proceedings terminated and applications withdrawn following Minutes of Settlement.
The parties entered into Minutes of Settlement dated November 1, 2000.
Having regard to the settlement, the Ontario Labour Relations Board terminated the proceedings in several files and granted leave to withdraw the applications in the remaining files.