Duty of fair representation complaint dismissed due to extreme delay and failure to establish a prima facie case.
The applicant filed a duty of fair representation complaint against the union, alleging it failed to advance his grievances since 1992 and mishandled his 1998 termination arbitration.
The Ontario Labour Relations Board dismissed the pre-1998 allegations due to an unexplained eight-year delay.
Regarding the termination, the Board found no prima facie violation of section 74 of the Act, noting the union successfully took the grievance to arbitration and won a damages award of 17 months' wages, despite the arbitrator declining to order reinstatement.
The application was dismissed.
Board declines to postpone certification decision and issues certificates to applicant union following successful representation votes.
The applicant union applied for certification to represent employees of the responding party.
Following representation votes where more than 50 percent of ballots were cast in favour of the applicant, the intervenor union requested that the Board postpone its decision pending the disposition of a contempt motion and proceedings under the Canadian Labour Congress constitution.
The Board declined to postpone the decision, finding no valid reason to delay and noting that section 10 of the Labour Relations Act, 1995 requires the Board to certify the applicant when more than 50 percent of ballots are in favour.
Certificates were issued to the applicant for the agreed-upon bargaining units.
Union decertified following representation vote where majority of employees voted in opposition.
The applicant employees applied to terminate the bargaining rights of the responding party union.
Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the employer.
Application for union certification withdrawn at the request of the applicant.
The applicant union requested to withdraw its application for certification.
The Ontario Labour Relations Board granted the request, cancelled the scheduled representation vote and hearing dates, and directed the responding party employer to post copies of the decision.
Representation vote ordered in displacement application; intervenor's challenge to membership evidence deferred until after vote.
The applicant union filed a displacement application for certification.
The responding party disputed the applicant's estimate of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.
The intervenor requested that the representation vote be postponed or the ballot box sealed until the Board verified the membership evidence.
Relying on Weston Bakeries Limited, the Board held that sections 8(2) and 8(3) direct it to consider only the information provided by the applicant at this stage.
The Board ordered the representation vote to proceed and be counted, leaving the intervenor the option to renew its challenge following the vote.
Union certification granted following a successful representation vote.
The applicant union applied for certification to represent employees of the Goulbourn Hydro-Electric Commission.
Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board found the proposed bargaining unit appropriate and directed that a certificate issue to the applicant.
Union certification application dismissed after failing to secure majority support in representation vote.
The applicant union applied for certification as the bargaining agent for the employees of the responding party.
A representation vote was held, and not more than fifty percent of the ballots cast were in favour of the applicant.
No statement of desire to make representations was filed within the prescribed time.
Consequently, the Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for this bargaining unit.
Application to terminate bargaining rights dismissed as union retained support of over 50% of voting employees.
The applicant filed an application to terminate the responding party union's bargaining rights.
A representation vote was held, and not more than fifty percent of the ballots cast by employees in the bargaining unit were in opposition to the union.
No statement of desire to make representations was filed.
Consequently, the Ontario Labour Relations Board dismissed the application and cancelled the previously set hearing dates.
Union certified as bargaining agent following successful representation vote among nursing staff.
The Ontario Public Service Employees Union applied for certification as the bargaining agent for a unit of nursing staff employed by Multi-Professional Support Services Inc. 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 and directed that a certificate issue.
Board orders addition of PWS Services Inc. as a responding party in related employer application.
The applicant union sought to add PWS Services Inc. as a responding party to its application under section 69 and/or subsection 1(4) of the Labour Relations Act.
The Board ordered that PWS Services Inc. be added as a responding party and directed the applicant to serve the necessary materials.
Union certification application dismissed after failing to win majority in representation vote; one-year bar imposed.
A representation vote was held, and not more than fifty per cent of the ballots were cast in favour of the applicant.
The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further applications for certification by the applicant for this bargaining unit.
Application withdrawn by the Board following an agreement between the parties.
The applicant union filed an application against the responding employer.
Having regard to the agreement of the parties, the Ontario Labour Relations Board ordered the matter withdrawn.
Union certification granted for editorial employees following a successful representation vote.
The applicant union applied for certification to represent editorial employees of the responding party.
Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no remaining issues in dispute, the Ontario Labour Relations Board issued a final decision without a hearing.
The Board found the proposed bargaining unit appropriate and ordered that a certificate issue to the applicant.
Application withdrawn at the request of the applicant.
The applicant requested to withdraw its application against the responding party.
The Ontario Labour Relations Board noted the correspondence and ordered the application withdrawn.
Union certification granted following a successful representation vote among grocery store employees.
The applicant union applied for certification to represent employees at a grocery store operated by the responding party.
Following a representation vote where more than fifty per cent of the ballots were cast in favour of the union, and having regard to the agreement of the parties on the bargaining unit description, the Board ordered that a certificate will issue to the applicant.
The applicant requested to withdraw the application.
The Ontario Labour Relations Board granted the request and the application was withdrawn.
Representation vote directed in union certification application despite dispute over bargaining unit composition.
The applicant union applied for certification to represent employees at the responding party's retirement home.
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 Board found that the applicant established sufficient membership support and directed a representation vote.
Individuals in disputed positions were permitted to cast segregated ballots.
Representation vote directed and ballots to be counted despite employer's section 8.1 notice.
The applicant trade union applied for certification to represent employees of the responding party.
The majority of the Board found that the numerical difference between the parties was not significant and directed that a representation vote be taken and counted.
The dissenting Board member would have directed the ballot box to be sealed pursuant to section 8.1(4) of the Act.
Representation vote ordered in certification application; majority declined to seal ballot box despite employer's notice.
The majority of the Board found that the numerical difference between the parties was not significant and that the applicant had established sufficient membership support to obtain a representation vote.
The Board ordered a representation vote to be held.
A dissenting Board member would have directed the ballot box to be sealed pursuant to section 8.1(4) of the Act.
Representation vote ordered in union certification application.
The Board found that the applicant is a trade union under the Labour Relations Act, 1995, and that the proposed bargaining unit is appropriate.
Based on the membership evidence filed, the Board directed that a representation vote be taken among the eligible employees in the voting constituency.