Employment and Labour Law

Following a sale of a business and the intermingling of employees, a representation vote was held and Local 3264 was declared the successful bargaining agent.

Local 774 requested the Board to determine which collective agreement should apply and to determine the relative seniority of the employees now represented by Local 3264.

The Board held that under section 69(6) of the Labour Relations Act, 1995, it lacks the jurisdiction to determine seniority rights.

The Board further held that the scheme of section 69 anticipates that the collective agreement of the successful trade union applies to the entire bargaining unit.

The Board declared that the predecessor collective agreement no longer bound the employer and amended the successful union's bargaining unit description accordingly.

The parties agreed to adjourn the applications.

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

The applicant union and responding employer 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 applied for certification to represent carpenters and carpenters' apprentices employed by the responding party in the industrial, commercial and institutional sector of the construction industry.

Following a representation vote where 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 ordered that a certificate issue to the applicant.

The applicant union and responding employer agreed to adjourn the grievance referral sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if neither party requests to proceed.

The employer and an intervenor employee requested reconsideration of a Board decision that declared a sale of business and related employer status between Volta and Urban.

They argued that a subsequent certification vote where employees rejected the union, and a three-year delay in issuing the decision, warranted reconsideration.

The Board dismissed the requests, finding that the certification vote did not extinguish the union's prior bargaining rights and that the delay, while excessive, did not justify overturning the decision, though it might be relevant to mitigating damages in the related grievance referrals.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act.

The Board found that the applicant appeared to have the requisite membership support and defined the appropriate bargaining unit.

The Board directed that a representation vote be taken.

The responding party's attempt to give notice under section 8.1 of the Act was rejected, as that section does not apply to construction industry certification applications.

The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding parties failed to file a response within the stipulated time.

The Board found that the applicant appeared to have the requisite membership support and directed that a representation vote be taken among the employees in the proposed voting constituency.

The Board ordered the ballot box sealed pending determination of the employer's identity and existing bargaining rights.

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 referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

Prior to the scheduled hearing, the parties resolved the dispute and filed Minutes of Settlement.

The Board issued consent orders declaring the responding parties bound to the Provincial Agreement, finding a violation of the union security provisions, and ordering the payment of $54,000 in damages in accordance with the settlement terms.

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

The Board found that the applicant is a trade union under the Labour Relations Act, 1995, and that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board ordered a representation vote to be held, with segregated ballots for disputed positions including the personal manager and quality control staff.

The Ontario Labour Relations Board reconsidered its previous decision directing a representation vote to correct the voter eligibility date.

The application for certification was filed on May 2, 2000, not May 3, 2000, so the Board amended the eligibility date to May 2, 2000.

The applicant union filed an application for certification, which the intervenor union claimed was untimely due to an existing collective agreement.

At the scheduled hearing to determine timeliness, the responding party employer did not appear.

The attending parties agreed to adjourn the matter to ensure the employer's attendance.

The Board granted the adjournment and rescheduled the hearing.

The applicant union sought a determination regarding the employment status of three individuals.

The Ontario Labour Relations Board directed the Registrar to set two days of hearing to hear evidence and argument on the issue.

The Board also ordered the responding party to deliver all relevant documents concerning the work performed and payments made to the individuals within fifteen days.

The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The Board found that the applicant is a trade union and an affiliated bargaining agent.

Based on the membership evidence, the Board determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board defined the appropriate bargaining unit and directed that a representation vote be taken.

The applicant trade union filed a displacement application for certification for a bargaining unit of full-time hospital employees currently represented by the intervenor.

The responding party disputed the employee estimate and argued for a combined full-time and part-time unit, but the Board maintained its practice of establishing a voting constituency reflective of the existing collective agreement.

Finding sufficient membership support, the Board ordered a representation vote.

However, because the intervenor filed a Superior Court injunction order against individuals formerly associated with it, the Board directed that the ballot box be sealed pending a hearing on how the court order affects the Board's processes.

The applicant union applied for certification as the bargaining agent for the employees of the responding party.

A representation vote was directed and taken, but not more than fifty percent of the ballots cast were in favour of the applicant.

As no statement of desire to make representations was filed, 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 requested to withdraw the application.

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

The applicant union applied for certification as the bargaining agent for a unit of office, clerical, and technical employees of the responding party school board.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with all outstanding disputes resolved by agreement of the parties, the Ontario Labour Relations Board certified the applicant as the bargaining agent for the agreed-upon bargaining unit.

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

The parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the disbursement of the $594.52 held in trust, with $494.52 paid to the employee and a $100.00 administration fee retained by the Consolidated Revenue Fund.

The application was terminated in accordance with the settlement.