Marilyn Silverman

The applicant trade union filed a displacement application for certification.

The intervenor, the incumbent union, argued the application was untimely under section 7(5) of the Labour Relations Act, 1995, and alleged unfair labour practices.

The Board found the applicant established sufficient membership support to warrant a representation vote.

The Board ordered the vote to proceed but directed that the ballot box be sealed pending a determination on the timeliness issue.

The unfair labour practice allegations were deferred to a hearing.

A dissenting Board member would have determined the timeliness issue before ordering a vote.

The applicant union filed a grievance against the responding employers.

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

If no party requests to proceed within that time, the matter will be deemed terminated.

The applicant requested an adjournment of two referrals of grievances to arbitration under section 133 of the Labour Relations Act, 1995.

The responding party did not file a Request for Hearing and Notice of Intent to Defend/Participate.

The Board granted the applicant's request and adjourned the matters to August 31, 2000.

The applicant filed an application against the responding party.

The parties reached a Memorandum of Settlement.

Pursuant to the terms of the settlement, the Board terminated the matter.

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

The parties entered into a Memorandum of Agreement acknowledging that the responding party was bound by the collective agreement and had violated several of its articles.

The Ontario Labour Relations Board issued a consent order declaring the responding party bound by the agreement and ordering it to pay $1,682.00 in damages as full and final settlement.

The applicant union referred grievances to arbitration under section 133 of the Labour Relations Act, 1995, alleging the responding parties failed to remit benefits, dues, and other contributions.

The parties entered into a Memorandum of Agreement settling the matter.

The Ontario Labour Relations Board issued a consent order declaring the responding parties bound by the collective agreement and ordering them to pay $8,000 in damages for the violations.

The applicant requested an adjournment of the matter.

The Ontario Labour Relations Board granted the request and adjourned the matter sine die for a period not exceeding one year, after which it will be deemed terminated if no further action is taken.

The applicant requested to withdraw its application.

The Ontario Labour Relations Board granted leave to withdraw the application.

The applicant requested an adjournment of the matter.

The Ontario Labour Relations Board granted the request and adjourned the matter sine die for a period not exceeding one year, after which it will be deemed terminated if no further action is taken.

The applicant requested to withdraw its applications.

The Ontario Labour Relations Board granted leave to withdraw the matters.

The applicant requested to withdraw its application.

The Ontario Labour Relations Board granted leave to withdraw the application.

The applicant employer sought a review of an Order to Pay issued by an Employment Standards Officer.

The application was filed after the 45-day deadline.

The employer requested an extension of time, explaining that the application and payment were mistakenly sent to the Ministry of Labour instead of the Board.

The Board found the explanation reasonable, noted the employer's intention to file on time, and granted the extension of time to file the application.

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

The responding party failed to file a response within the stipulated time.

Based on the application material, the Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board determined the appropriate bargaining unit and directed that a representation vote be taken.

The parties entered into a Memorandum of Settlement regarding a union certification application and an unfair labour practice complaint.

The Ontario Labour Relations Board ordered a representation vote to be held on September 28, 2000, in accordance with the settlement terms.

The Board also ordered the agreed notice to be posted in the workplace and terminated the unfair labour practice complaint.

The applicant filed an application alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act.

The union had agreed with the employer to restore the seniority of another employee who had previously resigned after being denied a leave of absence.

This restoration of seniority caused the other employee to win a job competition over the applicant.

The union subsequently withdrew a grievance filed on the applicant's behalf regarding the job posting.

The Board dismissed the application, finding that the union's decision to restore the other employee's seniority was made in good faith to rectify what it viewed as an improper denial of leave, and its actions were not arbitrary, discriminatory, or in bad faith toward the applicant.

The applicant filed a duty of fair representation complaint against the union for failing to take his discharge grievance to arbitration.

The application was filed 17 months after the union's final decision.

The Board noted the apparent untimeliness of the application and ordered the applicant to provide written submissions explaining the delay within two weeks, failing which the application would be dismissed.

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

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 is bound by the collective agreement and violated its terms.

The Board ordered the responding party to pay $5,000 in damages to the applicant as full and final settlement for the violations.

The applicant submitted correspondence requesting to withdraw the matter.

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

The applicant employee appealed an Employment Standards Officer's refusal to issue an Order to Pay for unpaid overtime, a bonus payment, and termination pay.

The Board first determined that the claim was filed within the six-month statutory time limit.

On the merits, the Board found the employee was entitled to overtime pay, rejecting the employer's practice of calculating overtime separately for different language profit centres.

The Board also awarded the $200 bonus, finding it was an unauthorized deduction, and awarded termination pay because the employer relied solely on hearsay evidence and failed to prove wilful misconduct.

The employer was ordered to pay $4,227.40.

The applicant union applied for certification to represent a bargaining unit of licensed officers employed by the responding party.

A representation vote was held, and more than fifty per cent of the ballots were cast in favour of the applicant.

As no statements of desire to make representations were filed, the Ontario Labour Relations Board directed that a certificate issue to the applicant.