Employment and Labour Law

The applicant union filed a displacement application for certification.

The Board found the applicant to be a trade union and that it had filed sufficient membership evidence to warrant 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, noting it had rejected similar submissions in previous decisions, and directed that a representation vote be held.

The applicant requested an adjournment sine die of its application.

Having regard to the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year.

The applicant union applied for certification of a bargaining unit consisting of professional and technical employees at the Ontario College of Nurses of Ontario.

The employer argued that an 'all employee' unit was appropriate.

The Board found that the proposed unit lacked distinctiveness, both in its criteria for inclusion and within the employer's organizational structure, as it cut across various departments and operational groups without a clear objective demarcation.

Consequently, the Board concluded that the proposed unit was not appropriate and directed the parties to advise on how the application should be disposed of.

The applicant sought a review of a refusal to issue an order under section 68 of the Employment Standards Act.

The parties entered into written Minutes of Settlement with the assistance of a Labour Relations Officer.

As the settlement disposed of all issues in dispute, the Board terminated the application in accordance with subsection 69.1(5) of the Act.

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

The Ontario Labour Relations Board determined that the applicant met the definition of a trade union under the Labour Relations Act, 1995.

Based on the membership evidence filed, the Board found that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

Consequently, the Board directed that a representation vote be held among the eligible employees.

The applicant sought to withdraw her application against the responding party union.

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

Following a declaration of a sale of a business and an intermingling of employees, a representation vote was held between two competing union locals.

Local 774 sought to set aside the vote results, alleging unfair labour practices by Local 3264 and the employer.

The Board ruled that the appropriate bargaining unit had already been finally determined by prior agreement and decision.

The Board also dismissed Local 774's motion, finding no prima facie case that the vote did not represent the true wishes of the employees, and confirmed Local 3264 as the bargaining agent.

A hearing was scheduled for remaining issues.

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

The responding parties raised issues regarding the proper municipal address, the appropriate Board area, and the true identity of the employer.

The Board found that the applicant had sufficient membership support and ordered a representation vote for a voting constituency encompassing both potential Board areas and both named responding parties, leaving the disputed issues to be resolved after the vote.

Mid-way through a grievance arbitration hearing, the union indicated it would seek an order terminating the employment of the employer's present employees in the bargaining unit.

The employer asserted the affected employees were entitled to notice.

The Board directed the employer to provide a copy of the decision to the affected employees, outlining the procedure for them to request participation in the hearing.

The Board previously dismissed a responding party's request for an adjournment of a scheduled hearing.

Subsequently, the applicant's counsel advised the Board that they had agreed to the adjournment on the conditions that a subpoena be accepted and the matter be rescheduled to October 6, 2000.

The Board, noting the availability of the requested date, granted the adjournment and rescheduled the hearing.

The responding union requested an extension of time to file its response to the application.

The Ontario Labour Relations Board granted the request, allowing the union 10 days from the date of the decision to file its response.

The applicant union applied for certification.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board ordered that a certificate issue to the applicant for the agreed-upon 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 matter will be deemed terminated if neither party requests to proceed.

The applicant union requested to withdraw its application via correspondence.

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

The applicant union applied for certification.

Following a representation vote where the applicant received not more than 50% of the ballots cast, and with no statement of desire to make representations filed, the Ontario Labour Relations Board dismissed the application.

A one-year bar on further applications for certification by the applicant for this bargaining unit was imposed.

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

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

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

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

The applicant union filed an application against the responding party employer.

On consent of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year, after which it will be deemed terminated if no request to proceed is made.

The applicant union sought to withdraw its application following the execution of a Memorandum of Settlement with the responding party employer.

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

The applicant employer sought a review of an Order to Pay issued by an Employment Standards Officer.

The application was filed one day late, and the correct forms were filed later after notification from the Registrar.

The Board exercised its discretion to extend the time for filing, noting the minimal delay and the applicant's clear and expedient efforts to comply with the time limit.

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 application and issued the requested declaration.