Timothy W. Sargeant

The Ontario Nurses' Association filed an application for certification.

The intervenor, Ontario Public Service Employees Union, submitted that the application should be dismissed.

The Board directed that the application would be dismissed as untimely unless representations to the contrary were received by December 8, 2000.

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

The Board dismissed the application without prejudice because the applicant failed to provide particulars as required by the Board's Rules and Procedures, and improperly named an employer rather than a trade union as the responding party.

The applicant trade union applied for certification to represent employees of the responding party.

The Board found that the applicant is a trade union and that at least 40% of the individuals in the proposed bargaining unit were members.

The Board directed a representation vote to be held on November 29, 2000, and ordered that ballots of individuals in disputed positions be segregated.

The applicant trade union filed an application for certification.

The Board found that the applicant appeared to have the requisite 40 percent membership support in the proposed bargaining unit to warrant a representation vote.

However, the responding party employer disputed the geographic scope of the bargaining unit, the inclusion of Registered Practical Nurses, and the union's estimate of the number of individuals in the unit under section 8.1 of the Labour Relations Act, 1995.

The Board directed that a representation vote be held, with ballots from disputed positions and locations segregated.

Due to the section 8.1 notice and the disputes over the bargaining unit description, the Board ordered the ballot box sealed until further order or agreement of the parties.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Board granted the declaration, finding that the applicant union had acquired the predecessor's rights.

The applicant filed a duty of fair representation complaint alleging the union refused to grieve the denial of his prescription benefit claim.

The union and employer requested that the application be dismissed for failing to disclose a prima facie case, arguing the claim arose during a strike when benefits were not covered.

The Board declined to dismiss the application at this stage due to conflicts in the pleadings, but warned the applicant that if the union's version of events is proven, the complaint is unlikely to succeed.

A consultation hearing was directed.

The applicant requested the consolidation of a newly filed application under section 66 of the Labour Relations Act, 1995 with two existing files.

Despite the responding union's lack of consent, the Board ordered the consolidation of the files.

The Board also scheduled a hearing to address preliminary objections raised by the responding union.

The Ontario Labour Relations Board issued a brief decision to correct an error in a previous decision dated November 6, 2000.

The correction clarified a bracketed phrase in paragraph 22 regarding the non-unionized status of former Charbonneau employees.

The applicant union sought leave to withdraw its application against the responding parties.

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

The applicant union applied for a direction that a first collective agreement be settled by arbitration under section 43 of the Labour Relations Act, 1995.

Prior to the scheduled hearing, the parties signed Minutes of Settlement.

Pursuant to the settlement and section 43(2)(d) of the Act, the Board directed that the first collective agreement be settled by arbitration.

The applicant employer applied under section 69 and subsection 1(4) of the Labour Relations Act, 1995, seeking a Board declaration regarding the union status of employees at a newly acquired, non-unionized HVAC business.

The applicant argued that the employees were intermingled and requested a representation vote.

The Board dismissed the application, following established jurisprudence that section 69(6) and subsection 1(4) only apply when a predecessor employer had a collective bargaining relationship with a trade union.

The Board further noted that even if it had jurisdiction, it would defer the matter to arbitration to interpret the existing collective agreement's recognition clause.

The applicant filed a request for reconsideration of a prior Board decision outside the specified time limits, arguing that the delay was due to his and his paralegal's inexperience and lack of awareness of the Board's reconsideration powers.

The Board refused to extend the time limits, reiterating that an applicant's failure to make themselves aware of their rights is not an adequate reason for relief.

The Board also noted that, even if timely, the request would be dismissed because it was an attempt to relitigate the matter and raise arguments that should have been addressed at the original hearing.

The applicant employer sought review of an Order to Pay termination pay to a former employee.

The employer had given the employee six months' working notice of termination and simultaneously transferred her to a different office location 30-45 minutes away, changing her role from an unsupervised sole staff member to a supervised position.

The Ontario Labour Relations Board found that the transfer constituted a major change in assignment and amounted to constructive dismissal.

The Order to Pay was confirmed.

The applicant appealed an Order to Pay under section 68 of the Employment Standards Act.

A hearing was scheduled, but the applicant failed to appear.

The Ontario Labour Relations Board dismissed the appeal and confirmed the Order to Pay, directing the funds to be paid to the responding party and the Consolidated Revenue Fund.

The applicant, a seasonal employee, alleged that the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995 by failing to properly process her grievance regarding seniority and recall rights.

She also alleged a breach of section 79(8) regarding the conduct of a ratification vote.

The Board found that the union processed the grievance to the third step and made a reasonable decision not to proceed to arbitration based on the collective agreement language.

The Board also found insufficient evidence that any employee was improperly denied the opportunity to vote at the ratification meeting.

The application was dismissed.

The applicant filed a duty of fair representation complaint against the union, alleging it breached section 74 of the Labour Relations Act by refusing to appeal or seek judicial review of an arbitration award regarding an overtime grievance.

The Board dismissed the application without a hearing, finding that the pleadings did not establish a prima facie case.

The Board noted that a union's failure to take an arbitration decision to judicial review does not normally give rise to an inference of a breach of section 74, absent exceptional circumstances where the award is perverse.

The applicant, Manitoulin and District Association for Community Living, sought to withdraw its application against the responding party, Canadian Union of Public Employees, Local 2624.

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

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor, Service Employees International Union, Local 478, by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Board granted the declaration.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor trade union by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Ontario Labour Relations Board granted the declaration.

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 Ontario Labour Relations Board certified the union and ordered a certificate to issue.