Stephen Raymond

The parties entered into Minutes of Settlement regarding applications for a successor union, certification, and a duty of fair representation complaint.

The Board previously determined that the Canadian Union of Retail and Transportation Workers (CURTW) was a trade union under the Labour Relations Act, 1995.

Following a representation vote where more than fifty percent of the ballots were cast in favour of CURTW, the Board issued a certificate to CURTW for the bargaining unit at the responding party's distribution centre.

The other applications were withdrawn with leave of the Board.

The applicants sought to withdraw their application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

The applicant, John Malcolm, sought to withdraw his employment standards application against Teamsters Local 647 and the Ministry of Labour.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

The applicant filed a complaint alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act by failing to pursue a grievance relating to payment for relief work.

The union and the employer argued that the grievance was brought to the union's attention outside the 30-day time limit set out in the collective agreement.

The Board found that the applicant did not communicate his expectation for a grievance to be filed within the required timeframe.

The Board concluded that the union did not act in an arbitrary, discriminatory, or bad faith manner by refusing to file an untimely grievance.

The application was dismissed for failing to make out a prima facie case.

The Canadian Union of Public Employees (CUPE) applied to extend its trusteeship over Local 1883 for a further 12 months until June 30, 2001, citing political divisions and membership apathy.

The Board received submissions from members both supporting and opposing the extension.

Finding that a full 12-month extension would serve no useful purpose at this time, the Board granted a partial extension until December 31, 2000, with leave for CUPE to show cause by October 31, 2000, if a further extension is required.

The applicant requested to withdraw the application.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

The applicant union applied for certification as the bargaining agent for the employees of the responding party.

Following a representation vote where not more than fifty per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.

The Board imposed a one-year bar on further certification applications by the applicant for this bargaining unit.

The employer applied for a review of an Order to Pay for eight weeks of termination pay issued in favour of the employee.

The employee did not attend the hearing.

Based on the uncontested testimony of a managerial employee, the Board found that the employee had telephoned the employer, requested a Record of Employment, and stated she was quitting.

The Board concluded the employee was not terminated, rescinded the Order to Pay, and ordered the funds held in trust returned to the employer.

The United Food and Commercial Workers International Union applied for certification to represent taxi drivers and owners operating for Metro Taxi Ltd. Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, the Ontario Labour Relations Board issued a certificate to the applicant.

An associated unfair labour practice complaint brought by the employer was withdrawn with leave of the Board.

The applicant employer appealed two Orders to Pay issued under the Employment Standards Act in respect of three former retail clerks.

The employer disputed the amounts owed for termination pay, vacation pay, overtime pay, public holiday pay, and unauthorized deductions.

During the hearing, two of the employees decided to pursue only the amounts in the Orders to Pay, while the employer agreed that the third employee was owed an additional amount.

The Ontario Labour Relations Board found that the Orders to Pay were correct and supported by the facts, dismissing the applications for review and ordering the disbursement of funds held in trust, plus the agreed additional amount.

The applicant employer appealed an Occupational Health and Safety Officer's orders.

At the scheduled hearing, no one appeared on behalf of the applicant or the responding employer.

The Ministry of Labour appeared and requested that the appeal be dismissed due to the applicant's absence.

The Board granted the request and dismissed the application.

Pursuant to a Memorandum of Agreement, the parties referred the issue of whether the Canadian Union of Retail and Transportation Workers (CURTW) is a trade union under subsection 1(1) of the Labour Relations Act, 1995 to the Board.

The Board reviewed CURTW's constitution and the minutes of its founding meeting.

Applying the established steps for achieving trade union status, the Board found that CURTW had taken the necessary actions and declared it to be a trade union pursuant to the Act.

The applicant, a probationary employee, filed a duty of fair representation complaint against the union for failing to grieve his dismissal.

The union and the employer argued that under the collective agreement, probationary employees have no right to grieve a dismissal.

The Board dismissed the application at the consultation stage for failing to make out a prima facie case, finding that the union acted in compliance with the Act by deciding not to file a grievance that had no possibility of success.

The applicant union applied for certification to represent ambulance paramedics and attendants employed by the responding party.

The parties signed a Memorandum of Agreement providing for a hearing and a subsequent representation vote, agreeing that ballots from a previous vote would not be counted.

The Board directed that a representation vote be taken on August 10, 2000, for the agreed voting constituency, with the eligibility date to be determined at the upcoming hearing.

The Ontario Labour Relations Board received correspondence and a petition following its June 14, 2000 decision.

The Board directed the applicant to make any submissions in response to the correspondence and file them by July 19, 2000.

The Board considered two double displacement applications for certification.

A representation vote was held, and the Service Employees International Union, Local 220 requested the ballot box be sealed due to alleged notice issues and an error in the initial bargaining unit description.

The Board dismissed the objections, noting an 88% voter turnout, which demonstrated sufficient notice.

As more than 50% of the ballots were cast in favour of the Canadian Health Care Workers (CHCW), the Board certified CHCW as the bargaining agent and dismissed the application by CAW-Canada.

Two unions, CAW-Canada and CHCW, filed displacement applications for certification to represent employees of Grey County Homes for the Aged, Grey Gables.

A representation vote was held with a 100% turnout.

The incumbent union raised objections regarding notice issues, which the Board dismissed given the full voter turnout.

More than fifty percent of the ballots were cast in favour of CHCW.

The Board certified CHCW as the bargaining agent and dismissed CAW-Canada's application.

The applicant sought to withdraw the application against the responding parties.

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

The applicant filed an application but failed to provide adequate particulars as previously ordered by the Board.

The responding party requested that the application be dismissed.

The Board reviewed the submitted particulars and found they did not comply with Rule 26(d) of the Board's Rules of Procedure, as they failed to detail the material facts, circumstances, and persons involved.

Noting that the related application for certification had already been dismissed and a bar issued, the Board dismissed this application.

The applicant union applied for certification as the bargaining agent for a unit of 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 statements of desire to make representations filed, the Board issued a final decision without a hearing.

The Board found the agreed-upon bargaining unit appropriate and directed that a certificate issue to the applicant.