Marilyn Silverman

The applicant filed an application for review of an order to pay under the Employment Standards Act but failed to pay the required monies into trust.

The applicant requested an extension of time to pay the funds into trust due to a delay in obtaining funding.

The Board declined the request, holding that its discretion under section 68(4) is to extend the time for applying for a review, not to extend the time for paying monies into trust.

An application is not properly made until the monies are paid into trust.

The responding party requested an adjournment of the grievance referral.

The Ontario Labour Relations Board adjourned the matter sine die for a period not exceeding one year, after which it will be deemed terminated if neither party requests to proceed.

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

The applicant paid less than the full amount of the Order to Pay into trust, based on its own calculations.

The Board previously directed the applicant to pay the full amount and request an extension of time, warning that failure to do so by December 12, 2000, would result in dismissal.

The applicant failed to comply with the direction.

The application for review was dismissed.

Following correspondence from counsel for the responding party, the Ontario Labour Relations Board adjourned the grievance referral sine die for a period not exceeding one year.

The matter will be deemed terminated if neither party requests to proceed within that time.

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

The responding parties failed to appear at the hearing despite having previously signed minutes of settlement setting the hearing date.

Based on the evidence presented by the applicant, including documents provided by the responding parties at a prior meeting, the Board ordered the responding parties to pay $22,169.40 in damages for unpaid remittances, $1,000.00 for legal costs, and $749.00 for filing fees.

The applicant union sought leave to withdraw its application for certification after entering into a voluntary recognition agreement with the responding employer.

The Ontario Labour Relations Board granted leave to withdraw the application and cancelled the representation vote scheduled for the following day.

The employer was directed to post the decision.

The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding employer failed to file a response.

The Board found that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members.

The Board defined the appropriate bargaining unit, excluding the industrial, commercial and institutional sector, and directed that a representation vote be taken.

The applicant requested to withdraw the application.

The Board granted leave and the application was withdrawn.

The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The Board found the applicant to be a trade union and determined the appropriate bargaining unit for glaziers and glaziers' apprentices.

Finding that not less than forty per cent of the individuals in the proposed unit were members of the union, the Board directed a representation vote.

The Board also ruled that the responding party's notice under section 8.1 of the Act did not apply to construction industry certification applications.

The applicant union referred a grievance to the Ontario Labour Relations Board.

The parties entered into Minutes of Settlement agreeing to resolve the grievance for a payment of $4,000.00 by the responding parties.

The Board ordered the responding parties to comply with the Minutes of Settlement and pay the agreed sum pursuant to section 96(7) of the Labour Relations Act, 1995.

The applicant filed a letter purporting to appeal an employment standards officer's decision to issue an Order to Pay.

The Registrar advised the applicant that the application was not on the correct form and lacked the required payment, giving 10 working days to correct the deficiencies.

The applicant failed to respond or file the prescribed form.

The Board terminated the application.

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 applicants filed a reprisal complaint under section 50 of the Occupational Health and Safety Act, alleging they were laid off for raising health and safety concerns and contacting the Ministry of Labour.

The employer requested an adjournment at the hearing because its legal counsel was unavailable, which the Board denied as the employer had adequate notice and assumed the request would be granted without consent.

The Board accepted the applicants' uncontradicted evidence that they were laid off in reprisal for seeking enforcement of the Act.

The Board ordered the employer to pay compensation for lost wages.

The applicant's counsel advised the Ontario Labour Relations Board by letter that the employment standards matter had been settled.

The Board accordingly terminated the proceeding.

The applicant union referred a grievance to the Ontario Labour Relations Board alleging the responding party violated the collective agreement.

Prior to the hearing, the parties entered into a Memorandum of Agreement settling the matter.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated its terms, and ordered the payment of $10,500 in damages as per the settlement terms.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, based on the agreement of the parties.

The application will be deemed terminated if neither party requests to proceed within that time.

The applicant employer applied for 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 Director in trust to disburse $759.06 to the employee and retain the $100.00 administration fee, deeming the matter terminated absent a request from the Ministry of Labour to relist it for hearing.

The Ontario Labour Relations Board adjourned the application to December 19, 2000, on the agreement of the parties.

The applicants, civilian employees of a municipal police force, filed an application alleging a breach of the duty of fair representation under section 74 of the Labour Relations Act, 1995.

The responding police associations disputed the Board's jurisdiction.

The Board found that the applicants' employment relations were governed by the Police Services Act, which excludes members of a police force (including civilian employees) from the application of the Labour Relations Act, 1995.

Consequently, the Board concluded it lacked jurisdiction and dismissed the application.

The applicant sought review of an employment standards officer's refusal to issue an order for termination pay.

The employer claimed the applicant was temporarily laid off and subsequently resigned after finding new employment.

The Board found that the employer initially intended an indefinite layoff, which constitutes termination under the Employment Standards Act, and only altered the Record of Employment to indicate a recall date to avoid paying termination pay.

The application was allowed, and the employer was ordered to pay five weeks' termination pay plus vacation pay.