M. A. Nairn

The applicant filed a duty of fair representation complaint against the trade union, alleging it failed to properly pursue her grievances regarding short-term disability benefits.

During a mediation, the applicant signed a settlement agreement resigning from her employment in exchange for seven months' severance pay.

The applicant subsequently sought to set aside the settlement, arguing she lacked the mental capacity to enter into it due to post-traumatic stress disorder.

The Board found that the applicant understood the nature of the mediation and the settlement options, and that her conduct did not indicate an incapacity to contract.

As the settlement resolved all employment issues and the applicant had accepted its benefits, the Board exercised its discretion under section 96 of the Labour Relations Act to decline to inquire into the complaint and dismissed the application.

The applicant requested to withdraw the matters.

The Ontario Labour Relations Board granted the request and the matters were withdrawn with leave of the Board.

The applicant union referred a construction industry grievance to the Board and subsequently requested an extension of time for the responding party to file its Request for Hearing and Notice of Intent to Defend/Participate (Form A-87).

The Board noted that an applicant cannot unilaterally relieve a responding party from the mandatory filing requirements and fees under the Rules.

To avoid default proceedings while accommodating the parties' agreement, the Board directed the applicant to withdraw its request for a default proceeding, giving the applicant until March 6, 2000, to clarify its position.

The applicant requested three interlocutory orders in the context of ongoing health and safety appeals regarding a bus brake pedal.

The applicant sought a cease and desist order against the employer for alleged threats, an order requiring the employer to provide materials to all applicants individually, and an order rescinding his recent termination.

The Board dismissed the requests, noting that parties are only required to provide one copy of materials to the named contact person.

The Board further held that allegations of improper discipline or reprisal must be addressed through separate complaints in the appropriate forum, not within the narrow scope of the health and safety appeals.

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

The responding party failed to file a Request for Hearing and Notice of Intent to Defend, prompting the applicant to request a default judgment.

The Board reviewed the file and declined to issue the requested default judgment based on the material filed.

The matter was ordered to proceed to the scheduled hearing.

The applicant union referred a construction industry grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to remit benefit contributions and union dues.

The responding party 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 declared the employer bound by the collective agreement, found it in violation, and ordered it to pay $34,436.97 in damages and $214.00 in costs.

The applicant union referred a construction industry grievance to the Board and requested a default judgment because the responding party failed to file a Request for Hearing and Notice of Intent to Defend.

The Board reviewed the file and declined to issue a default judgment based on the materials filed.

The matter was ordered to proceed to a hearing as scheduled.

The applicant employer appealed an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board issued an order directing the disbursement of funds held in trust by the Director, with $881.80 to be paid to the employee, $281.75 returned to the employer, and $197.92 retained as an administration fee.

The matter was deemed terminated subject to any request by the Ministry of Labour to relist it.

The applicant trade union applied for certification as the bargaining agent for electricians and electricians' apprentices employed by the responding party.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board issued two certificates pursuant to section 160(1) of the Act.

One certificate was issued for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the specified geographic areas.

The applicant filed a complaint under section 96 of the Labour Relations Act, 1995, alleging that the responding trade union breached its duty of fair representation under section 74.

The applicant claimed the union failed to provide an internal appeal decision and improperly refused to advance his wage grievance to arbitration.

The Board found that the applicant failed to plead sufficient facts to establish that the union acted in an arbitrary, discriminatory, or bad faith manner.

The application was dismissed for failing to make out a prima facie case.

The applicant union and responding employer agreed to adjourn the application.

The Ontario Labour Relations Board consented to adjourn the matter sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

The applicant sought a review of an Employment Standards Officer's refusal to issue an Order under the Employment Standards Act.

The application was filed beyond the 45-day statutory time limit.

The Ontario Labour Relations Board requested submissions on why the time limit should be extended, but the applicant did not respond.

The Board found the application untimely and dismissed it, as there were no grounds to justify an extension of time.

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 commenced a proceeding against the responding parties under the Employment Standards Act.

The parties subsequently entered into Minutes of Settlement.

Having regard to the settlement and subsection 69.1(5) of the Act, the Ontario Labour Relations Board terminated the proceeding.

The applicant requested reconsideration of a Board decision that dismissed his duty of fair representation complaint against the union for failing to advance his grievance to arbitration.

The Board dismissed the request for reconsideration, noting it was filed out of time and the additional material provided did not establish a prima facie case of arbitrary, discriminatory, or bad faith conduct by the union.

The applicant union filed a grievance against the responding party for unpaid remittances.

The responding party failed to file a response or attend the hearing.

The Board determined that the correct name of the responding party was Durie Tile & Marble Ltd., and that it was bound by the provincial collective agreement.

The Board found that the responding party violated the collective agreement by failing to pay proper remittances for the period of August to October 1999, as a cheque for $9,448.56 was not negotiated.

The Board ordered the responding party to pay $9,448.56 in damages.

The applicant union sought to amend its remedial request to include a further representation vote under section 11 of the Labour Relations Act, 1995, and requested pre-hearing production of certain employment records.

The responding party opposed both requests.

The Board deferred the amendment request to the hearing panel, noting it did not add new factual material.

The Board ordered the responding party to produce employment records, including time sheets, for specific employees relevant to the proceedings for the period of August 1 to October 31, 1999.

The applicant union applied for certification as the bargaining agent for the employees of the responding party.

A representation vote was directed and taken, but not more than fifty percent of the ballots cast were in favour of the applicant.

As no statement of desire to make representations was filed, the Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for this bargaining unit.

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 brought an application to terminate the bargaining rights of the responding trade union.

The trade union filed a response indicating that it no longer wished to represent the employees in the affected bargaining unit.

As the trade union abandoned its bargaining rights, the Board declared that the trade union no longer represented the employees and that any collective agreement in place ceased to operate.