Representation vote directed in union certification application with segregated ballots for disputed positions.
The applicant trade union applied for certification to represent employees of the responding party child care centre.
Finding that the applicant appeared to have the requisite 40 percent membership support, the Board directed a representation vote.
The Board ordered that ballots cast by individuals in disputed positions, including the Administrative Assistant and certain managerial roles, be segregated pending resolution of the bargaining unit description.
Representation vote directed in union certification application despite employer's dispute of trade union status.
The applicant union applied for certification.
The responding party disputed the applicant's trade union status and the estimate of employees in the proposed bargaining unit.
The Board noted a previous finding of the applicant's trade union status and found sufficient membership support to direct a representation vote.
The vote was ordered for the proposed bargaining unit, with any outstanding status disputes to be dealt with at a post-vote hearing if necessary.
Application withdrawn with leave of the Board.
The applicant union sought to withdraw its application against the responding party employer.
The Ontario Labour Relations Board granted leave and the application was withdrawn.
Board directs representation vote for paramedics at Almonte General Hospital.
The Ontario Labour Relations Board directed a representation vote for all paramedics employed by Almonte General Hospital in the County of Lanark, excluding supervisors.
The vote was scheduled for August 9, 2001, to determine whether the employees wish to be represented by the Canadian Union of Public Employees and its Local 2119 or by the Ontario Public Service Employees Union.
Application to terminate bargaining rights dismissed after union won representation vote.
The applicant filed an application to terminate the responding party union's bargaining rights.
A representation vote was held, and not more than 50% of the ballots cast by employees in the bargaining unit were in opposition to the union.
As no statement of desire to make representations was filed, the Ontario Labour Relations Board dismissed the application.
Application to terminate union bargaining rights dismissed after representation vote failed to reach majority opposition.
The applicants filed an application to terminate the bargaining rights of the responding party union.
A representation vote was held, and not more than 50 per cent of the ballots cast by employees in the bargaining unit were in opposition to the union.
No statements of desire to make representations were filed.
Consequently, the Ontario Labour Relations Board dismissed the application and cancelled previously set hearing dates.
Application for certification dismissed after union failed to secure majority in representation vote.
The applicant union filed an application for certification.
Following a representation vote where not more than 50 per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.
The Board cancelled previously set hearing dates and directed the parties' attention to section 10(3) of the Act regarding potential bars to subsequent applications.
Representation vote directed for proposed bargaining unit of registered and graduate nurses.
The applicant union filed an application for certification to represent registered and graduate nurses employed by the responding party.
The Board found the applicant to be a trade union under the Labour Relations Act, 1995, and determined that at least forty percent of the individuals in the proposed bargaining unit were members of the union.
The responding party raised a potential conflict of interest issue regarding supervisory duties but did not propose an alternative bargaining unit.
The Board directed that a representation vote be taken of the individuals in the voting constituency.
Union certification granted following a successful representation vote.
The applicant union applied for certification to represent employees at the responding party's retirement residence.
Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, the Ontario Labour Relations Board granted certification for the agreed-upon bargaining unit.
Union certification granted for hospital security officers following successful representation vote.
The applicant union applied for certification to represent a bargaining unit of security officers employed by the responding party hospital.
Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board ordered that a certificate issue.
The Board also amended the style of cause to remove an incorrectly identified intervenor.
Union certified as bargaining agent for daycare employees following successful representation vote.
The applicant union applied for certification to represent employees at the responding party's daycare centre.
Following a representation vote in which more than fifty per cent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Board found the agreed-upon bargaining unit appropriate.
The Board ordered that a certificate issue to the applicant.
Leave to withdraw complaints granted after individual applicant conceded union's authority to settle.
The employer and the union sought leave to withdraw two complaints on the basis that they had been resolved as part of a collective agreement settlement.
The individual applicant, Francis Naraine, initially opposed the withdrawal.
At the hearing, Naraine's representative conceded that the union had the authority to settle the complaint on his behalf.
The Board granted leave to withdraw the complaints, noting that if Naraine wished to pursue allegations that the union breached its duty of fair representation, he must file a separate complaint under section 96 of the Act.
The applicant, United Steelworkers of America, sought to withdraw its application against Weston Bakeries Limited.
Consent order issued incorporating Minutes of Settlement for an unfair labour practice complaint.
The applicant union filed an application under section 96 of the Labour Relations Act, 1995.
Prior to the hearing, the parties entered into Minutes of Settlement.
The settlement required the responding employer to pay the affected employee three days' pay without admission of wrongdoing, and requested the Board to incorporate the terms into a consent order.
The Board issued the requested consent order and directed that the decision become a permanent part of the employee's personnel record.
Board directs written submissions on CMHC's request for a stay pending judicial review.
The Canada Mortgage and Housing Corporation (CMHC) requested a stay of proceedings pending an intended application for judicial review of a previous interim decision making it a party to a human rights complaint.
The complainant opposed the stay and requested that hearing dates be scheduled.
The Board of Inquiry directed the parties to provide written submissions on the stay request and declined to schedule hearing dates at this time.
CMHC was granted an extension to file its response until after the stay issue is determined.
Board directs written submissions on stay request and defers scheduling of hearing dates.
The Canada Mortgage and Housing Corporation (CMHC) requested a stay of proceedings pending an intended Application for Judicial Review of an interim decision making it a party to the human rights complaint.
The complainant opposed the stay.
The Board of Inquiry issued an interim case management decision directing the parties to provide written submissions on the stay request, granting CMHC an extension of time to file its response until after the stay determination, and declining to schedule hearing dates at this time.
Motion by advocacy group to intervene in human rights complaint regarding accessible transit dismissed.
Transportation Action Now, Inc. (TAN) brought a motion seeking to intervene in a human rights complaint regarding the Toronto Transit Commission's Wheel-Trans service.
TAN sought full non-party intervenor status to adduce evidence, cross-examine witnesses, and make legal submissions.
The Board of Inquiry reviewed its jurisdiction to grant intervenor status and the criteria for amicus curiae participation.
The Board found that while the case involved public interest, TAN did not demonstrate a current expertise or a perspective different from the existing parties (the Commission and the Complainants) that would assist the Board.
The motion to intervene was dismissed.
Board issues procedural directions on how to address the sudden death of a respondent during a preliminary motion.
The respondents brought a preliminary motion to dismiss the human rights complaints as an abuse of process.
After the motion was heard but before a decision was released, one of the personal respondents died suddenly.
The parties disagreed on how to proceed with the new evidence regarding the respondent's death.
The Board of Inquiry issued an interim decision directing the complainants to indicate whether they intended to participate in further hearings on the issue, and setting a timetable for the parties to state their positions on the procedural options.
Adjudicator issued procedural directions on how to proceed with an abuse of process motion following a respondent's death.
The respondents brought a preliminary motion to dismiss the human rights complaints for abuse of process.
The respondents sought to reconvene the hearing to adduce further evidence regarding the impact of the death, while the Commission and complainants opposed this or sought different procedural routes.
The adjudicator issued an interim decision directing the complainants to advise whether they intended to participate in any further hearing regarding the impact of the respondent's death, and set a timetable for the parties to indicate their preferred procedural options.
Federal Crown agent CMHC added as respondent to provincial human rights complaint regarding subsidized housing.
The complainant and the respondent co-operative housing provider brought a motion to add the Canada Mortgage and Housing Corporation (CMHC) as a respondent to a human rights complaint alleging discrimination in accommodation based on receipt of public assistance.
CMHC opposed the motion, arguing that as a federal Crown agent exercising the federal spending power, it was immune from provincial human rights legislation.
The Board of Inquiry held that CMHC's status as a Crown agent did not immunize it from the application of provincial law, and that the provision of funding to the co-operative did not bring the matter of accommodation within exclusive federal legislative authority.
The Board found it had jurisdiction over CMHC and the subject matter, and ordered CMHC added as a party respondent.