Marilyn Silverman

The applicants filed an application to terminate bargaining rights in the construction industry.

The Board previously requested submissions from the applicants regarding the responding party's position on the bargaining unit description.

As no submissions were received, the Board amended the bargaining unit description to match the responding party's position.

The applicants filed an application alleging a violation of section 74 of the Labour Relations Act, 1995, claiming loss of employment and that employees with less seniority were being called back to work without job postings.

The union and the employer argued the application failed to establish a prima facie case.

The Board found that although the application lacked detail, it made out a prima facie case based on the facts asserted.

The matter was referred to the Registrar to be processed in the usual course.

The parties requested an adjournment of the proceedings.

The Ontario Labour Relations Board granted the request and adjourned the matters to October 11 and 12, 2001.

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The Ontario Labour Relations Board granted the request and the application was withdrawn with leave of the Board.

The Ontario Labour Relations Board issued a procedural decision to reschedule three related applications—a certification application, an unfair labour practice complaint under section 96 of the Labour Relations Act, 1995, and a construction industry grievance referral.

Due to inadvertence, one application had been scheduled separately.

The Board ordered all three matters to be heard together on specified dates in November 2001.

The applicant union requested an adjournment of its application.

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

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

The workplace parties entered into Minutes of Settlement.

The Board ordered the funds held in trust by the Director to be disbursed according to the settlement, with $600 paid to the employee, $339.56 returned to the employer, and the $100 administration fee retained by the Consolidated Revenue Fund.

The responding party employer requested reconsideration of a default decision ordering the reinstatement of two employees.

The employer claimed the union had agreed to adjourn the grievance and not require the filing of a Form A-87, but the union disputed this, asserting it relied on its strict rights.

The Board declined to determine the request without evidence on the factual dispute and directed that the reconsideration request be dealt with at the outset of the scheduled hearing.

The applicant union requested an adjournment of its application against the responding party employer.

The Ontario Labour Relations Board granted the request and adjourned the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

The applicant union requested to withdraw its application via correspondence from its counsel.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

The applicant filed an employment standards application against the respondents.

The parties subsequently reached Minutes of Settlement.

Having regard to the settlement, the Ontario Labour Relations Board terminated the application.

The applicant union applied for certification.

Following a representation vote where not more than 50% of the ballots were cast in favour of the applicant, and with no statement of desire to make representations filed, the Ontario Labour Relations Board dismissed the application.

The Board noted the potential application of section 10(3) of the Act to any subsequent application filed within one year.

The applicant filed an application for suspension of a health and safety inspector's order but failed to file the required appeal form.

The Board notified the applicant that the application for suspension could not be processed without an accompanying appeal and provided 10 days to correct the deficiency.

The applicant failed to comply with the direction, and the Board terminated the proceedings.

The employer applied for a review of 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 ordered the Director in trust to disburse the funds in accordance with the settlement, paying $5,267.68 to the employee and $3,732.32 to the employer, with the $1,000 administration fee retained by the Consolidated Revenue Fund.

The employer appealed an Order to Pay under the Employment Standards Act.

The Order to Pay was for a gross amount of $10,000.00, but the employer submitted a net amount after claiming statutory deductions of either $5,695.26 or $4,695.24.

The Board noted that these deductions appeared remarkably high for an employee earning $50,000 per annum.

The Board directed the employer to provide an explanation for the excessive deductions within 10 days before processing the application further.

The applicant employer applied for a review of 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 ordered the disbursement of the funds held in trust by the Director, with $923.08 paid to the employer, $923.08 paid to the employee, and the $184.62 administration fee retained by the Consolidated Revenue Fund.

The applicant filed an application against the responding parties.

The parties reached Minutes of Settlement.

Having regard to the settlement, the Ontario Labour Relations Board terminated the application.

The applicant filed an application under sections 63 and 1(4) of the Labour Relations Act, 1995.

Counsel for the responding party advised that the Notice to Employees had inadvertently not been posted.

The Board directed the employer to post a new Notice to Employees and extended the terminal date of the application.

The parties requested an adjournment of the jurisdictional dispute application.

The Ontario Labour Relations Board granted the request and adjourned the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

The applicant employer applied for a review of 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 ordered the disbursement of funds held in trust by the Director in accordance with the settlement, with $2,000 paid to the employee, $3,213.52 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.