O. T. Surdykowski

The applicant trade union filed a complaint under section 91 of the Labour Relations Act and requested an expedited hearing under section 92.2.

Prior to the scheduled hearing, both parties jointly requested an adjournment sine die to pursue settlement discussions.

The Board granted the adjournment for a maximum period of three months, noting that while the Act emphasizes expedition, the prime objective is the resolution of the dispute.

The interveners and respondents requested that the Ontario Labour Relations Board reconsider its previous decision regarding the interpretation of collective agreements and the permitting of a craft carve-out for carpenters.

The Board reviewed its broad power to reconsider decisions under section 106(1) of the Labour Relations Act but noted its stringent approach requiring obvious error, new policy issues, or new conclusive evidence.

Finding that the parties were merely seeking to re-argue the case and that no relevant ambiguity existed in the agreements, the Board dismissed the requests for reconsideration while making minor typographical amendments to the original decision.

The applicant union applied for certification in the construction industry.

A group of employees filed a petition objecting to the certification, which included signatures from employees who had previously signed union membership cards.

The Board assessed the voluntariness of the petition and found it inadmissible due to the involvement of a working foreman, who was perceived by employees as having managerial authority.

As the union demonstrated membership support of over fifty-five percent, the Board granted the application and issued certificates for the appropriate bargaining units.