Timothy W. Sargeant

The Service Employees International Union, Local 220 brought applications against Clover Health Care Services and various other responding parties.

On the agreement of the parties, the Ontario Labour Relations Board consented to adjourn the applications sine die for a period not exceeding one year.

If no party requests to proceed within that time, the matters will be deemed terminated.

The applicant requested to withdraw its application.

The Ontario Labour Relations Board granted the request and the application was withdrawn with leave of the Board.

The applicant union applied for certification.

Following a representation vote where more than 50% 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 as the bargaining agent for the agreed-upon bargaining unit of employees at the responding party's Swiss Chalet Restaurant/Roost Bar.

The applicant union sought certification for a bargaining unit of pre-press employees and graphic artists.

Following a representation vote in which more than fifty per cent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Board directed that a certificate issue to the applicant.

The union filed an application for certification and an unfair labour practice complaint alleging the employer padded the voters list with non-employees to defeat the certification application.

The employer brought a preliminary motion to dismiss the unfair labour practice complaint for failing to establish a prima facie case.

The Board dismissed the motion regarding the alleged breach of section 70, finding the pleadings raised a factual concern about the employer's motive.

However, the Board dismissed the allegations under sections 72 and 76 on a prima facie basis, as the pleadings did not demonstrate discrimination, threats, or intimidation.

The Canadian Union of Public Employees applied for certification as the bargaining agent for employees of Cosmopolitan Kids Inc. 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 certification applications by the applicant for this bargaining unit.

The applicant brought an application under section 50 of the Occupational Health and Safety Act.

At the scheduled hearing, neither the applicant nor a representative appeared, and the applicant's former counsel had previously withdrawn.

The Board dismissed the application and deemed the matter terminated due to the applicant's non-attendance.

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 union by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Board granted the application and issued the requested declaration.

The applicant trade union filed an application for certification to represent employees of the responding party.

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

The Board directed that a representation vote be taken, with segregated ballots for individuals whose inclusion in the bargaining unit was in dispute.

The applicant trade union applied for certification to represent employees of the responding party at specific locations in Toronto.

The Board found that the applicant is a trade union and that it appeared to have the requisite 40 percent membership support in the proposed bargaining unit.

The Board directed a representation vote to be held.

Because the responding party submitted that it did not employ any individuals at the specified locations, the Board ordered that any ballots cast be segregated and not counted until further order or agreement.

The applicant trade union filed an application for certification to represent employees of the responding party.

The Ontario Labour Relations 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 of the union.

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

The Board also noted a dispute regarding the inclusion of office, clerical, and sales staff in the bargaining unit, and directed that any ballots cast by individuals in disputed positions be segregated.

The parties 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 neither party requests to proceed.

The applicant union requested an interim certificate pursuant to Section 9(2) of the Act in an application for certification.

The responding party opposed the request.

Given that a hearing was already scheduled for later in the month to consider remaining status and bargaining unit issues, the Board deferred the issue of the interim certificate to the panel hearing the matter.

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

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

The responding party claimed it was not a trade union and therefore not subject to the duty of fair representation.

The Board directed the applicant to file submissions on this issue.

When the applicant failed to file any submissions by the extended deadline, the Board dismissed the application, finding no prima facie basis to establish that the responding party was a trade union.

The Board granted an extension of time until September 22, 2000, to file a response in this matter.

The applicant trade union applied for certification of a bargaining unit of ambulance service employees.

The responding party and intervenor asserted that the employees were already covered by an existing collective agreement, making the application untimely.

The Board directed the applicant to provide submissions on why the application should not be dismissed as untimely, failing which the application would be deemed dismissed.

In an application alleging a breach of the duty of fair representation under section 74 of the Labour Relations Act, 1995, the employer advised that it had not received certain required documents.

The Board directed the applicants to deliver the specified materials to the employer's counsel within 10 days, after which the employer would have 10 days to file an intervention.

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 union by reason of a merger, amalgamation, or transfer of jurisdiction.

As the application was unopposed, the Board granted the declaration.

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

The Ontario Labour Relations Board found the applicant to be a trade union and determined that the requisite 40 percent membership threshold appeared to be met.

The Board directed a representation vote.

Because the responding party disputed the bargaining unit description and the union's estimate of the number of employees, the Board ordered that ballots cast by individuals in disputed positions be segregated and that the ballot box be sealed pending further agreement or order.