Timothy W. Sargeant

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, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

The responding party requested an extension of time to file a response.

The Board granted the extension until January 7, 2002.

The applicant union sought an interim certificate for a bargaining unit of employees at a grocery store.

The parties agreed on the bargaining unit description except for the inclusion of certain department managers, whom the responding party argued should be excluded under section 1(3)(b) of the Labour Relations Act, 1995.

The Board found that the union's right to certification would not be affected by the ultimate decision on the disputed classifications, as more than fifty percent of the ballots cast were in favour of the union regardless of the outcome.

The Board exercised its discretion under section 9(2) of the Act to issue an interim certificate pending the final resolution of the bargaining unit composition.

A corrigendum was later issued to correct the description of the disputed positions.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The union responded that it no longer wished to represent the employees.

Pursuant to section 63(17) of the Act, the Board declared that the union no longer represents the employees in the bargaining unit.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The Board found the application was timely and that at least forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

Accordingly, the Board directed that a representation vote be taken among the eligible employees.

The applicant trade union filed an application for certification to represent volunteer firefighters of the responding municipality.

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's proposed bargaining unit could be appropriate and that the applicant had established sufficient membership support to obtain a representation vote.

The Board directed that a representation vote be held, with ballots to be segregated for individuals whose supervisory status remained in dispute.

The applicant union applied for certification to represent security officers at Windsor Racetrack Slots.

Following a representation vote where more than 50% 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.

The applicant union sought leave to file additional relief and particulars in a proceeding before the Ontario Labour Relations Board.

The Board granted the requested leave as set out in the correspondence from the applicant's counsel.

Consequently, the Board extended the deadline for the responding party employer to file its response.

The procedural motion was granted.

The employer appealed an Order to Pay issued by an Employment Standards Officer for termination, vacation, and severance pay.

The employee, whose position was declared redundant, was transferred to a lower-graded, more physically demanding position.

After working in the new position for a short time, the employee submitted a letter of resignation, believing he had secured alternative employment.

The Board found that the employee had clearly and unequivocally expressed an intention to quit and acted upon it.

Consequently, the Board concluded that the employee was not constructively dismissed but had voluntarily resigned.

The appeal was allowed and the Order to Pay was rescinded.

The applicant union applied for certification and proposed a final bargaining unit description, noting no anticipated disagreement from the responding party.

The Board directed that if no objection is received from the responding party by December 17, 2001, the proposed description will be accepted and a final certificate will issue.

The applicant union sought an extension of time to file a summary of material facts in an application under section 114(2) of the Labour Relations Act, 1995.

The Ontario Labour Relations Board granted the extension to December 7, 2001, and set a schedule for the responding party's submissions and any reply.

The Board noted that the matter may be decided based on the written materials without a hearing, and warned that no further extensions would be granted.

The applicant filed an application alleging a breach of section 74 of the Labour Relations Act, 1995.

The Board previously directed the applicant to serve the union with the application.

The union indicated that service had not been made.

As the application was not served in accordance with the Board's rules, the Board terminated the application.

The applicant union sought to withdraw its section 96 application under the Labour Relations Act, 1995 against one of the responding parties, Brampton Centre for Sports and Entertainment, while continuing against the other.

The Board granted leave to withdraw the application against Brampton Centre for Sports and Entertainment.

The applicant sought reconsideration of an August 30, 2001 decision, alleging an error in law on the face of the decision and seeking clarification on whether the Board lacked jurisdiction or if the applicant failed to establish a prima facie case.

The Board dismissed the application for reconsideration, confirming its previous finding that the pleadings did not raise a prima facie issue that the employer breached section 72 of the Labour Relations Act, 1995.

The applicant brought an application under section 96 of the Labour Relations Act, 1995, alleging a breach of the union's duty of fair representation under section 74.

After reviewing the pleadings and the applicant's statement detailing disagreements with the union's response, the Board declined to dismiss the application on a prima facie basis.

The Board concluded that, assuming the applicant's facts to be true, it was not persuaded that the application failed to establish a breach.

The matter was directed to a labour relations officer to process in the normal manner.

The applicant employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Board ordered the funds held in trust by the Director to be disbursed according to the settlement, with $1,105.84 returned to the employer, $704.00 paid to the employee, and the $180.98 administration fee retained by the Consolidated Revenue Fund.

The matter was deemed terminated subject to any request by the Ministry of Labour to relist it.

The applicant sought to review a decision of an Employment Standards Officer not to issue an order to pay.

Prior to the hearing, the parties entered into Minutes of Settlement wherein the employer agreed to remit a certain sum to the applicant.

The Board ordered that if the applicant did not notify the Board of a failure to pay by October 18, 2001, the application would be deemed terminated.

The applicant unions filed an application under the Public Sector Labour Relations Transition Act, 1997.

Following an officer's report that issues remained in dispute, the Ontario Labour Relations Board directed the parties to file briefs and documents outlining the disputed issues and facts.

The Board scheduled a consultation to hear representations and potentially render a final decision on the unsettled matters.

The employer was directed to post copies of the decision.

The Ontario Labour Relations Board cancelled the hearing dates for October 10 and 11, 2001, and rescheduled the matters for November 22 and 23, 2001.

The Board declined a request by the applicant union to adjourn one of the files without the consent of all parties, directing that the issue could be raised with the assigned panel if not resolved prior to the hearing.

The applicant requested to withdraw her application against Magna of London (Mega Plas).

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