Employment and Labour Law

The applicant trade union applied for certification to represent a bargaining unit of volunteer firefighters employed by the responding party municipality.

The responding party disputed the applicant's estimate of the number of employees in the proposed unit and gave notice under section 8.1 of the Labour Relations Act, 1995, arguing that none of the individuals met the definition of 'volunteer firefighter' under the Fire Protection and Prevention Act, 1997.

The Board found the proposed unit could be appropriate and directed a representation vote, ordering that the ballot box be sealed until the disputes regarding the bargaining unit description and employee status are resolved.

The applicant filed an application to terminate the bargaining rights of the responding party union.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no representations filed by the parties, the Ontario Labour Relations Board declared that the union no longer represents the employees in the bargaining unit.

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

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the proposed bargaining unit could be appropriate but could not be absolutely certain that 40 percent or more of the individuals in the unit were members of the union.

The Board directed that a representation vote be taken and that the ballot box be sealed pending further order or agreement.

The Board declined the responding party's request to delay the vote due to a federal election.

The applicant sought to withdraw her application before the Ontario Labour Relations Board following the execution of Minutes of Settlement.

The Board granted leave and the application was withdrawn.

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 filed an application 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 future applications by the applicant for the same bargaining unit.

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

The workplace parties entered into Minutes of Settlement.

The Board ordered the disbursement of the funds held in trust by the Director in accordance with the settlement, with $5,000 paid to the employee, $4,976.93 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

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

The responding party argued the application was untimely because it was received on July 1, 2000, and requested the ballot box be sealed under section 8.1.

The Board found the application was timely as it was filed with the Board on June 30, 2000, the expiry date of the existing collective agreement.

The Board declined to seal the ballot box, relying on prior jurisprudence, and directed that a representation vote be held for the proposed bargaining unit.

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 application would be deemed terminated if neither party requested to proceed.

The applicant union filed a displacement application for certification.

The Board found the applicant to be a trade union and that it had sufficient membership support to warrant a representation vote.

The intervenor union, which currently represents the employees, requested that the application be dismissed or the vote delayed due to a Superior Court injunction against individuals formerly associated with the intervenor.

The Board ordered the representation vote to proceed but directed that the ballot box be sealed pending a hearing on the effect of the court order.

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

The Board found the applicant to be a council of trade unions and an affiliated bargaining agent.

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

The Board declined the responding parties' request to seal the ballot box under section 8.1, noting that section 8.1 does not apply to construction industry applications.

The applicants and responding 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 no party requests to proceed.

The applicant trade union applied for certification to represent employees of the responding party at the Woodbine Centre Mall.

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.

The applicant requested to withdraw its application following the filing of Minutes of Settlement.

The Ontario Labour Relations Board noted the settlement and ordered the application withdrawn.

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

The responding party disputed the proposed bargaining unit and the estimated number of employees, giving notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the applicant's proposed bargaining unit could be appropriate and that the applicant established sufficient membership support to warrant a representation vote.

The Board directed that a representation vote be held, with any disputed ballots to be segregated.

The applicants and responding unions made an application under section 27 of the Public Service Labour Relations Transition Act, 1997 to resolve a dispute regarding which collective agreements apply to the bargaining units.

During the consultation, a significant material fact was found to be in dispute.

The parties agreed to meet and attempt to reach an agreement on the relevant facts.

The Board adjourned the consultation to allow the parties to continue their discussions.

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 application was unopposed.

The Ontario Labour Relations Board granted the declaration.

The applicant union applied for certification.

The responding employer disputed the union's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the numerical difference between the parties was not significant and that the union had established sufficient membership support to obtain a representation vote.

The Board directed that a representation vote be taken.

A dissenting Board member would have sealed the ballot box pursuant to sections 8 and 8.1 of the Act.

The applicant filed a letter seeking to review a 1993 order to pay under the Employment Standards Act, which resulted in the seizure of its bank account in 1999.

The Board returned the application because it was not filed on the proper forms and gave the applicant 20 working days to refile.

The applicant failed to respond within the stipulated time.

The Board dismissed the application due to the failure to file proper forms within the time limit and the extreme delay in seeking review of a six-and-a-half-year-old order.

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 application was unopposed.

The Ontario Labour Relations Board granted the declaration.