Union's application for certification withdrawn with leave following an unsuccessful representation vote.
The applicant union sought to withdraw its application for certification after a representation vote in which not more than fifty percent of the ballots were cast in its favour.
No statements of desire to make representations were filed.
The Ontario Labour Relations Board granted leave to withdraw the application and directed the parties' attention to section 7(10) of the Labour Relations Act, 1995 regarding future applications.
Employer appeal of Order to Pay dismissed; verbal agreement cannot waive statutory overtime entitlements.
The applicant employer appealed an Order to Pay issued by an Employment Standards Officer for overtime, holiday premium pay, and unauthorized deductions owed to a former summer student employee.
The employer argued that a performance-based bonus was intended to cover overtime and that deductions were justified for property damage.
The Ontario Labour Relations Board dismissed the appeal, finding that the parties' verbal agreement did not waive overtime entitlements, which would be void under the Employment Standards Act regardless.
The Board upheld the Officer's determinations with minor mathematical corrections, ordering the disbursement of funds held in trust to the employee.
Union certified as bargaining agent for registered practical nurses following successful representation vote.
The applicant union applied for certification as the bargaining agent for a unit of registered practical nurses employed by the responding party.
Following an agreement on the bargaining unit description and a representation vote in which more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.
Board advised parties to request Minister to withdraw reference following their agreement to withdraw.
The Minister of Labour referred a question to the Board under section 3(2) of the Hospital Labour Disputes Arbitration Act.
The parties subsequently entered into an agreement purporting to withdraw the matter, but the Minister had not yet withdrawn the reference.
The Board advised the parties to request the Minister to withdraw the reference, noting that if the Minister does so, the Board will not consider the matter further.
Employer ordered to provide home addresses, but not telephone numbers, of eligible voters to unions.
The intervening union (CUPE) requested that the employer (ADSAB) provide home addresses and telephone numbers of eligible voters for an upcoming representation vote, arguing that many part-time employees do not work in an identifiable workplace.
The employer objected, citing the Municipal Freedom of Information and Protection of Privacy Act and privacy concerns of its social services employees.
The Board balanced the interests and ordered the employer to provide the home addresses, but not the telephone numbers, of the employees on the voters' list.
Request to reconsider decision allowing transfer of membership evidence from withdrawn certification application denied.
The applicant requested reconsideration of a Board decision that permitted the transfer of membership evidence from an earlier, withdrawn certification application to a new application.
The applicant argued that the new application was not 'accompanied' by the required evidence, precluding a finding of forty percent support.
The Board declined to reconsider, affirming its long-standing practice of allowing such transfers upon a trade union's request.
Union certification application dismissed after failing to secure majority support in representation vote.
The applicant union applied for certification.
A representation vote was held, but not more than fifty per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.
As a result, the Ontario Labour Relations Board dismissed the application and directed the parties' attention to the statutory bar on future applications under section 10(3) of the Labour Relations Act, 1995.
Union certified as bargaining agent following a successful representation vote.
The applicant union applied for certification for a bargaining unit of employees at the Pool and Fitness Centre in the City of Dryden.
Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board certified the applicant as the bargaining agent.
A certificate was ordered to issue.
Application for certification dismissed after union failed to win majority in representation vote.
Following a representation vote where not more than fifty per cent of the ballots were cast in favour of the applicant, the applicant initially raised polling irregularities but subsequently abandoned its request for a second vote.
The Ontario Labour Relations Board dismissed the application for certification and cancelled the previously set meeting and hearing dates.
A representation vote was held, and not more than 50 per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.
No statement of desire to make representations was filed.
Union certified as bargaining agent following successful representation vote.
The applicant union applied for certification as the bargaining agent for employees of the responding party.
Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board certified the union as the bargaining agent for the agreed-upon bargaining unit.
Application withdrawn with leave of the Board.
The applicant, United Steelworkers of America, requested to withdraw its application against Concord Elevator Inc. The Ontario Labour Relations Board granted leave to withdraw the matter based on correspondence from the applicant's counsel.
Extension of time to file response granted.
The responding party requested an extension of time to file its response.
The Ontario Labour Relations Board granted the request, extending the deadline to April 25, 2001, at 12:00 noon.
Board granted responding party and employer a ten-day extension to file their responses.
The applicant requested that the application be processed after it was previously adjourned sine die.
The Board granted the responding party and the employer ten days to file and deliver their responses.
Union certification application dismissed after failing to secure majority in representation vote.
Following a representation vote, the applicant did not receive more than fifty per cent of the ballots cast by employees in the bargaining unit.
As no statement of desire to make representations was filed, the Ontario Labour Relations Board dismissed the application and directed the destruction of the ballots after 30 days.
Board directs notice of a proposed $1 million settlement to non-union employees for unpaid wages.
The Board previously found two companies to be related to a bankrupt employer under section 12 of the Employment Standards Act, making them jointly and severally liable for over $2 million owed to former union employees.
A separate appeal involved an Order to Pay against a director for unpaid wages and vacation pay.
The parties, including the union and the related companies, proposed a settlement of $1,000,000 to resolve all claims for both union and non-union employees.
As the Ministry of Labour could not consent on behalf of the non-union employees, the Board directed that notice of the proposed settlement be provided to the non-union employees, allowing them an opportunity to object before the Board issues a final decision incorporating the settlement.
Representation vote ordered in certification application despite employer's section 8.1 notice disputing bargaining unit estimate.
The applicant trade union applied for certification to represent employees of the responding party.
The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.
The majority of the Board found that the numerical difference between the parties was not significant and that the applicant established sufficient membership support to order a representation vote.
The Board directed a representation vote and ordered that ballots of individuals in disputed positions be segregated.
The dissenting Board member would have directed the ballot box to be sealed pursuant to section 8.1(4) of the Act.
The applicant requested to withdraw the application.
The Ontario Labour Relations Board granted leave to withdraw the matter.
Board directed an expedited hearing to resolve preliminary issues regarding competing certification applications and existing bargaining rights.
Two unions, CAW and UFCW, filed competing applications for certification for employees at a newly opened Coca-Cola plant in Brampton.
UFCW and its Local 175 claimed existing bargaining rights based on collective agreements at other locations that were allegedly being downsized or closed, with employees transferring to Brampton.
The Board deferred directing a representation vote and instead ordered an expedited hearing to determine preliminary issues, including whether UFCW or Local 175 already held bargaining rights for the Brampton employees and how to handle the competing applications.
Application withdrawn at the request of the applicant.
The applicant requested to withdraw the application via correspondence from counsel.
The Ontario Labour Relations Board acknowledged the correspondence and recorded the application as withdrawn.