Marilyn Silverman

The Board directed the Registrar to list two unfair labour practice complaints (Board File Nos. 1184-00-U and 3343-00-U) for hearing on the same date as an application under section 43 of the Labour Relations Act, 1995.

The panel scheduled to hear the matters will determine any issues regarding amended pleadings and the order of proceeding.

The applicants requested to withdraw their application.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

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

The responding employer notified the Board that it had not received a copy of the referral and accompanying documents.

The Board directed the Registrar to provide the employer with a copy and established conditional deadlines for the employer to file its Request for Hearing and Notice of Intent to Defend/Participate, depending on whether the applicant could prove service.

The applicant union filed construction industry grievances against the responding employers.

Based on correspondence from counsel for one of the responding parties, the Ontario Labour Relations Board adjourned the matters sine die for a period not exceeding one year.

The applicant filed a request for reconsideration of a decision dated September 1, 2000, asserting she did not receive the notice of hearing.

The request was filed late on December 11, 2000.

The Board directed the applicant to provide an explanation for the late filing within two weeks, and the responding parties to file submissions in response, before determining the reconsideration request.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to pay required remittances under the collective agreement.

The employer did not formally appear, but its president testified as a witness for the union, confirming the employer was insolvent and in receivership.

The Board found the employer bound by the collective agreement and in violation of its remittance obligations for October and November 2000.

The Board ordered the employer to pay $8,851.58 in damages and $749.00 in filing fees, subject to any legal restrictions imposed by the receivership.

The applicant employer applied for a review of an Order to Pay under the Employment Standards Act.

At the hearing, the employer's counsel requested an adjournment because its witnesses were unavailable, some being out of the country.

The Board denied the adjournment request, noting that travel plans do not constitute extraordinary circumstances and the employer attended unprepared at its peril.

As the employer proffered no evidence to meet its onus, the application was dismissed and the Order to Pay was confirmed.

The applicant requested to withdraw its application via a letter from its counsel.

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

The applicant filed an application against the responding parties.

Having regard to the agreement of the parties dated December 20, 2000, the Ontario Labour Relations Board terminated the matter.

The appellant employer requested the suspension of an occupational health and safety inspector's order pending appeal.

The order required the employer to equip laboratory centrifuges with interlocking devices to prevent the lids from being opened while in motion.

The Board applied the test for suspending an inspector's order, weighing worker safety, prejudice to the employer, and the likelihood of success on appeal.

The Board found that operating the centrifuges without interlocking devices posed a risk to worker safety, which outweighed the employer's alleged prejudice of reduced specimen processing capacity.

The request to suspend the order was dismissed.

The applicant filed an application regarding an Employment Practices Branch file.

The parties reached an agreement on December 19, 2000.

Having regard to the agreement, the Ontario Labour Relations Board terminated the matter.

The applicant union requested to withdraw its application against the responding party employer.

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

The applicant employer appealed an Employment Standards Officer's Order to Pay regarding termination pay.

On the scheduled hearing date, neither the applicant nor the responding employee attended.

The applicant had previously indicated in writing that it would not attend and would pay the Order or settle.

At the request of the Ministry of Labour, the Board dismissed the application and confirmed the Order to Pay.

The applicant filed a duty of fair representation complaint against the union, alleging improper representation regarding his termination grievance.

The union and employer sought to dismiss the application without a hearing, relying on a settlement agreement signed by the applicant.

The applicant claimed he lacked capacity to sign the settlement due to illness and medication.

The Board accepted the union's late-filed response, finding no prejudice.

The Board ordered the applicant to provide particulars regarding his alleged mental unfitness and referred the matter to the Registrar to schedule a consultation to determine the threshold issue of capacity.

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

The responding employer filed a request for hearing and Notice of Intent to Defend but failed to serve the applicant.

The employer requested that filing fees from a previously withdrawn file be transferred to this application.

The Board declined the request, stating that this is a new application and payment of filing fees is required.

The employer appealed an employment standards officer's Order to Pay for unpaid wages.

Prior to a hearing, the employer's counsel advised that the employer wished to withdraw its appeal.

The Ontario Labour Relations Board granted leave to withdraw the appeal and ordered the funds held in trust to be disbursed to the employee and the Consolidated Revenue Fund.

The responding party requested an adjournment of the scheduled hearing because its counsel was undergoing surgery and would not be sufficiently recovered to attend.

The applicant opposed the request, citing a fiduciary obligation to proceed.

The Board granted the adjournment, finding the personal circumstances described were sufficient reason to do so, and directed the matter to be rescheduled.

The applicant requested to withdraw its application via correspondence.

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

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

The applicant advised the Board that the matter was resolved with respect to one employee, Michelle Smulders, for the full amount ordered of $411.84.

The Board ordered this amount paid to her from funds held in trust and terminated the application in respect of her claim, referring the remainder to the Registrar for scheduling.

The applicant requested to withdraw its application against the responding party.

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