Timothy W. Sargeant

The United Food and Commercial Workers Union Local 175/663 requested a stay of a representation vote scheduled for October 13, 2000, claiming its rights may be affected by the application.

The Board declined to stay the vote but noted the ballot box had been ordered sealed.

The Board directed that a copy of the application and response be forwarded to the union's counsel and stated that any issues arising could be dealt with subsequently.

The union requested leave to amend its response and sought production of specific job descriptions for the position of Systems Manager/Head Technical Services.

The Ontario Labour Relations Board granted leave to amend the response and directed the applicant to either produce the requested job descriptions or provide reasons why they should not be produced.

The applicant union sought to withdraw its application.

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

The applicant employer sought a review of an Employment Standards Officer's Order to Pay, arguing that the respondent employee had quit by failing to report to work.

The employee testified that he had called in sick and was subsequently told by his supervisor that he was terminated.

The employer's only witness was the general manager, who had no direct knowledge of the events and relied on hearsay from the night supervisor.

The Board accepted the employee's uncontradicted first-hand evidence, found that he was terminated, and confirmed the Order to Pay.

The applicant union applied for certification to represent employees at the responding party's nursing home.

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

The Board ordered a representation vote.

The employer filed a notice under section 8.1 of the Labour Relations Act, 1995, but agreed to count the ballots, so the Board declined to seal the ballot box.

The intervenor's request to dismiss the application based on alleged breaches of a court order and union constitution was rejected.

A dissenting Board member argued that the vote should not take place or the ballot box should be sealed until the section 8.1 issues were resolved.

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

The employer notified the Board that it was federally regulated.

The applicant failed to respond to a direction to explain why the Board had jurisdiction.

The Board concluded it had no jurisdiction to hear the matter and dismissed the application.

The applicant union applied for certification to represent a bargaining unit of part-time employees and students at the responding party's nursing home.

The Board found that the applicant is a trade union and that at least forty percent of the proposed unit were members.

The Board directed a representation vote.

The intervenor's request to dismiss the application based on alleged breaches of a court order and union constitution was denied.

A dissenting board member argued that the ballot box should be sealed pending resolution of section 8.1 issues.

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

The Ontario Labour Relations Board granted the request, finding that the extension was warranted in the circumstances and would not unduly prejudice the applicant.

The deadline to file a response was extended to October 26, 2000.

The applicant union filed an application for certification.

The responding party employer filed a timely notice under section 8.1 of the Labour Relations Act, 1995, disputing the union's estimate of the number of individuals in the bargaining unit.

Prior to the scheduled representation vote, the union conceded that it did not have the requisite 40 percent membership support.

The Ontario Labour Relations Board dismissed the application pursuant to section 8.1(5) paragraph 7 of the Act and cancelled the scheduled vote.

The applicant union applied for certification.

The employer gave notice under section 8.1 of the Labour Relations Act, 1995, disagreeing with the union's estimate of the number of individuals in the bargaining unit.

The Board found that the union met the 40% membership threshold regardless of which estimate was used.

The Board ordered a representation vote and declined to seal the ballot box.

One Board Member dissented, arguing the ballot box should be sealed until the section 8.1 issues were resolved.

The applicant union and responding party credit union agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if no party requests to proceed.

The applicant trade union applied for certification.

The Board found that the applicant is a trade union and that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union.

The Board directed a representation vote to be taken, with the ballot box to be sealed pending resolution of a dispute over the bargaining unit description and whether the individuals are employees within the meaning of the Act.

The applicant, The Corporation of the Municipality of Campbellford/Seymour, filed an application before the Ontario Labour Relations Board.

Counsel for the responding party, the International Brotherhood of Electrical Workers, Local 636, requested an extension of time to file a response.

The Board granted the request, extending the deadline to October 16, 2000.

The Ontario Labour Relations Board issued a procedural direction regarding correspondence received from the responding union.

The applicants were given a deadline to comment on the submission and were directed to deliver any previously filed documents to the union and the intervenor employer.

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 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 applicant.

A certificate was ordered to issue for the agreed-upon bargaining unit.

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

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

Due to disputes over the inclusion of group leader and sales staff positions, and the employer's notice under section 8.1 of the Labour Relations Act disagreeing with the union's estimate of individuals in the unit, the Board ordered that ballots cast by individuals in disputed positions be segregated and that the ballot box be sealed pending further order.

The applicant brought a matter before the Ontario Labour Relations Board.

On agreement of all parties, the Board adjourned the matter sine die for a period of thirty days.

The Board ordered that unless any party requests to proceed within that time, the matter will be deemed terminated without further notice.

The applicant, Canadian Union of Public Employees and its Local 65, sought to withdraw its application against the Rainy River District School Board.

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

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

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