Employment and Labour Law

The applicants filed an application for termination of bargaining rights on December 7, 2000.

The Minister of Labour had advised the parties on November 30, 2000, that he did not consider it advisable to appoint a conciliation board.

Under subsection 67(2) of the Labour Relations Act, 1995, an application for termination cannot be made until 30 days have elapsed after the Minister informs the parties that a conciliation board will not be appointed.

Because 30 days had not elapsed, the Board found the application to be untimely and dismissed it without ordering a representation vote.

The applicant union filed an application for certification and an unfair labour practice complaint alleging the responding party terminated two employees contrary to the Labour Relations Act, 1995.

Prior to the hearing, the parties entered into Minutes of Settlement.

The Board issued an order incorporating the settlement terms, which included a payment of $2,700 to each of the terminated employees and a one-year bar on further certification applications by the union.

The applications were withdrawn by leave of the Board.

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

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent of the individuals in the proposed bargaining unit.

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

The applicant union filed a displacement application for certification.

The Board found the applicant to be a trade union and that it had the requisite 40% membership support.

The Board directed a representation vote.

The intervenor requested that the application be dismissed or the ballot box sealed due to alleged unfair practices and breaches of a court order and union constitution.

The Board dismissed the intervenor's requests and directed the vote to proceed.

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots cast were in favour of the applicant.

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 applications by the applicant for the same bargaining unit.

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 application and issued the requested declaration.

The applicant sought to proceed with a matter that had previously been adjourned sine die on consent.

The Ontario Labour Relations Board directed the Manager of Field Services to assign an Officer to inquire into and report on the matter.

The Board also directed the applicant to comply with Rule 33 of the Board's Rules of Procedure regarding the delivery of documents to all other parties.

The applicant advised the Board that the responding party failed to comply with the terms of a settlement reached in an application for review, specifically by making unauthorized deductions from the agreed $750.00 settlement amount.

The Board directed the Registrar to reschedule the matter for a hearing on the merits of the original application.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party'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 trade union.

The Board directed that a representation vote be taken.

The applicant union requested to withdraw its application against the responding party employer.

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

The responding party requested an adjournment of an Officer's meeting and a hearing scheduled for October 11 and 12, 2000, respectively, because the owner and proprietor of the responding party was scheduled for surgery on October 11.

The Board granted the adjournment, noting the responding party moved promptly upon learning of the surgery date.

The hearing was adjourned to October 25, 2000.

The applicant requested an adjournment of the matter pending the determination of a related section 69/1(4) application.

The Board granted the request and adjourned the proceeding.

The applicant union applied for certification.

A representation vote was held, and not more than fifty percent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

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 applications for certification by the applicant for this bargaining unit.

The Board considered two double displacement applications for certification.

A representation vote was held, and the Service Employees International Union, Local 220 requested the ballot box be sealed due to alleged notice issues and an error in the initial bargaining unit description.

The Board dismissed the objections, noting an 88% voter turnout, which demonstrated sufficient notice.

As more than 50% of the ballots were cast in favour of the Canadian Health Care Workers (CHCW), the Board certified CHCW as the bargaining agent and dismissed the application by CAW-Canada.

The applicant, Ensign Security Services Inc., requested to withdraw its application against the Ministry of Labour.

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

The applicant union applied for certification.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statement of desire to make representations filed, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

The applicant sought an adjournment of the matter pending the exchange of information with the Ministry of Labour.

The Ontario Labour Relations Board granted the adjournment sine die and directed the Ministry to advise the Board of the status of the matter within 30 days.

The applicants requested to withdraw their application.

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

The applicant union sought certification for a bargaining unit of employees at Leonard’s Building Maintenance Limited.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party trade union no longer represents the employees in the bargaining unit.

The Board found the application to be timely under section 63(2) of the Act.

Finding that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union, the Board directed that a representation vote be taken.