Timothy W. Sargeant

Following a previous decision dated December 9, 1999, the Ontario Labour Relations Board reviewed the parties' submissions and fixed the amounts owed under paragraph 3(3) of that decision.

The Board ordered the amounts set out in Schedule A to be paid and declared that no further claims regarding that paragraph would be entertained.

The applicant filed an application pursuant to section 67 of the Employment Standards Act.

A hearing was scheduled, but the applicant failed to appear after the Board waited an additional half hour.

There was no indication that the notice of hearing was returned or that an adjournment was requested.

Consequently, the Board dismissed the application.

The applicant filed an application for review under section 67 of the Employment Standards Act.

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

After waiting an additional half hour with no appearance or request for adjournment, the Board dismissed the application.

The applicant, Halton Healthcare Services Corporation, sought to withdraw its application against the Canadian Union of Public Employees and its Local 815.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

The Minister of Labour referred a question to the Ontario Labour Relations Board regarding whether employees of the Program of Assertive Community Treatment (PACT) at Joseph Brant Memorial Hospital are 'hospital employees' under the Hospital Labour Disputes Arbitration Act (HLDAA).

The employer argued that PACT employees, who provide community-based mental health services, are not engaged in the operation of a hospital.

The Board found that PACT Halton is an extension of the hospital, providing treatment and medical monitoring to clients with severe mental illness.

Consequently, the Board advised the Minister that the PACT employees are 'hospital employees' within the meaning of the HLDAA.

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 Ontario Labour Relations 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 by reason of a merger, amalgamation, or transfer of jurisdiction.

The responding party employer notified the Board that there were no employees in the affected bargaining unit at the location, making the application 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 by reason of a merger, amalgamation, or transfer of jurisdiction.

The responding party employer notified the Board that there were no employees in the bargaining unit at the location, making the application unopposed.

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

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 responding party employer notified the Board that there were no employees in the affected bargaining unit at the location, and 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 by reason of a merger, amalgamation, or transfer of jurisdiction.

The responding party employer notified the Board that there were no employees in the affected bargaining unit at the location, making the application 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 by reason of a merger, amalgamation, or transfer of jurisdiction.

The responding party employer notified the Board that there were no employees in the affected bargaining unit at its location, rendering the application unopposed.

The Ontario Labour Relations 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 by reason of a merger, amalgamation, or transfer of jurisdiction.

The responding party employer notified the Board that there were no employees in the affected bargaining unit at the location, making the application 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 by reason of a merger, amalgamation, or transfer of jurisdiction.

The responding party employer notified the Board that there were no employees in the affected bargaining unit at the location, making the application unopposed.

The Board granted the declaration.

The applicant filed a complaint alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act by dropping his grievance without his knowledge.

The union replied that it had not withdrawn or settled the grievance.

Given the union's statement and the remedy requested, the Board found the application premature and adjourned it sine die for up to one year.

The applicant filed a duty of fair representation complaint against her union after she was declared redundant and the union refused to file a grievance on her behalf.

The applicant argued the union should not have permitted two new jobs to be transferred into her area without a posting, which she claimed led to her redundancy.

The Board dismissed the application, finding that the union's agreement with the employer regarding the transfers was reasonable and occurred well before the redundancy.

The Board concluded the union's decision not to grieve, after attempting to resolve the matter outside the grievance procedure, was not arbitrary, discriminatory, or in bad faith.

The Ontario Labour Relations Board rescinded its previous decision dated January 10, 2000, which had declared that the applicant union acquired the rights, privileges, and duties of its predecessor.

The Board noted that the previous decision was issued in error.

The applicant union brought an unopposed application 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 responding party employer notified the Board that there were no employees in the affected bargaining unit at the location.

The Board granted the application and issued the requested declaration.

The applicant trade 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.

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 timely and that not less than forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

The Board directed that a representation vote be taken.

The applicant employee appealed an Employment Standards Officer's decision denying her claim for termination and severance pay.

The employee had been absent from work due to illness and was told by her manager not to bother coming back if she did not report to work the next day.

The employer failed to appear at the hearing.

The Board found that the employee was terminated and did not quit, and that a subsequent offer of employment at a different location was a new offer after termination which she was not obligated to accept.

The Board ordered the employer to pay termination and severance pay.