M. A. Nairn

The parties reached Minutes of Settlement with the assistance of a Labour Relations Officer following a prior Board decision.

The Board directed the parties to comply with the terms of the Minutes of Settlement, which included a monitoring and enforcement mechanism.

The applicant brought a matter before the Ontario Labour Relations Board.

Having regard to the agreement of the parties, the Board adjourned the matter to October 20, 2000.

The applicant union filed a grievance against the responding party employer.

The parties filed a Memorandum of Agreement.

The Ontario Labour Relations Board adjourned the scheduled hearing and referred the matter to the Registrar to be rescheduled in accordance with the terms of the Memorandum of Agreement.

The applicant requested reconsideration of a decision dated July 18, 2000, which dismissed its application for review as untimely.

The Ministry of Labour did not oppose the request, and the other responding party did not file representations.

The Ontario Labour Relations Board granted the request, revoked the previous decision, and referred the matter to the Registrar for processing in the normal course.

The applicant union filed a grievance referral against the responding party.

On agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year.

The applicant union filed a grievance against the responding party employer.

The parties agreed to adjourn the matter so that a jurisdictional dispute application could be filed.

The Board adjourned the matter sine die for a period not exceeding one year, noting it would be deemed terminated if no party requested to proceed within that time.

The applicant brought an application before the Ontario Labour Relations Board.

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year.

If neither party requests to proceed within that time, the matter will be deemed terminated.

Following an unsuccessful attempt by the Labour Relations Officer to settle the precise descriptions of the bargaining units, the Ontario Labour Relations Board directed the parties (excluding the nurses) to file detailed written submissions on the parameters of the bargaining units at issue.

The matter remains scheduled for consultation.

The applicant filed an application alleging a breach of section 74 of the Labour Relations Act, 1995, following his lay-off from employment.

The responding trade union requested that the application be dismissed for failing to set out a prima facie case.

The Board found that the application only pleaded the fact of the lay-off and failed to assert any material facts demonstrating that the union acted in an arbitrary, discriminatory, or bad faith manner.

The application was dismissed without prejudice to the applicant's right to file a new, properly detailed application.

The parties requested an adjournment of the proceedings to attempt to negotiate a collective agreement in light of changed circumstances.

The Ontario Labour Relations Board granted the request, adjourning the scheduled dates in September and October, while maintaining the December dates.

The applicant sought reconsideration of a decision dismissing its application for review as untimely, arguing it relied on the Employment Standards Officer's narrative regarding the filing deadline.

The Board directed the responding parties to file any response to the request for reconsideration within 10 days.

The applicant union applied for certification in the construction industry.

The parties disputed whether two carpenters working on the site were employees of the responding party general contractor or independent subcontractors.

The Board applied the dependent contractor test, examining the economic and business relationship.

The Board found that the individuals had negotiated a fixed-price contract, had the opportunity for profit or loss, and were not economically dependent on the general contractor in a manner analogous to employees.

As the individuals were independent contractors, there were insufficient employees in the proposed bargaining unit on the date of application, and the certification application was dismissed.

The applicant sought reconsideration of a Board decision that terminated its application for review of an Order to Pay under the Employment Standards Act.

The original application was terminated because it was filed past the statutory 45-day deadline and the applicant failed to respond to the Board's directions to correct filing deficiencies.

The applicant argued the delay was caused by its accountant's car accident and tax season.

The Board found no basis to reconsider the termination or extend the time limits, noting the statutory nature of the deadline and potential issues with the applicant's payment into trust.

The request for reconsideration was dismissed.

The applicant union filed a related employer application and a construction industry grievance against the responding parties.

Prior to the hearing, the parties filed a Memorandum of Agreement resolving all issues in dispute.

The Ontario Labour Relations Board accepted the agreement and issued declarations that the responding parties are bound by the applicable collective agreements, subject to a waiver period, and ordered compliance with the terms of the settlement.

The proceedings were terminated.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging that the responding party employer violated the collective agreement by employing non-union members to perform insulation work.

The responding party failed to file a response.

Pursuant to the Board's Rules of Procedure, the Board deemed the responding party to have accepted all facts stated in the application.

The Board declared that the responding party violated the collective agreement and ordered it to pay $1,050.00 in damages and $214.00 in costs.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding employer violated the collective agreement by employing a non-union member.

The employer failed to file a response or notice of intent to defend.

Pursuant to the Board's Rules of Procedure, the Board deemed the facts in the application accepted and found the employer liable for violating the collective agreement.

The Board ordered the employer to comply with the agreement and scheduled a hearing to determine damages.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding party failed to pay correct wages and remit trust fund contributions.

The responding party failed to file a response or notice of intent to defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the responding party bound by the collective agreement, declared it had violated the agreement, and ordered it to pay $11,273.69 in damages.

The applicant requested to withdraw the matter.

The Ontario Labour Relations Board granted the request and the matter was withdrawn with leave of the Board.

The applicant filed an incomplete and untimely application for review of an Order to Pay.

The applicant failed to pay the amount of the Order to Pay into trust, which is a statutory requirement for the application to be considered complete.

The Board found no basis for granting an extension to the time limits for filing the application, as there was no explanation for the failure to make the payment into trust.

The application was dismissed.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995.

The responding party employer failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the employer bound by the provincial collective agreement and ordered it to pay $3,883.79 in unpaid remittances, legal costs, and filing fees.