Employment and Labour Law

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.

Notice of the application was provided to the responding party employer and the predecessor union, and notices were posted at the employer's premises.

The application was unopposed.

The Board granted the application and issued the requested declaration.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, on the agreement of the parties.

During the course of a hearing regarding an occupational health and safety appeal and a jurisdictional dispute, the parties entered into a Memorandum of Settlement.

The settlement resolved the appeal of a Ministry of Labour inspector's decision and the jurisdictional dispute concerning the installation of temporary lighting strings on construction projects.

The parties agreed that non-conductive material would be used for hanging and supporting temporary lighting strings and that workers would be instructed in safe installation.

The Board issued a decision reflecting the settlement, permitting the withdrawal of the jurisdictional dispute and terminating the health and safety appeal.

The parties entered into Minutes of Settlement dated November 1, 2000.

Having regard to the settlement, the Ontario Labour Relations Board terminated the proceedings in several files and granted leave to withdraw the applications in the remaining files.

The responding parties requested that the Ontario Labour Relations Board defer the application to the grievance arbitration process or dismiss it due to an alleged six-year delay.

The Board declined to defer, noting that the issues and remedies in the application are distinct from those in arbitration.

The Board also dismissed the preliminary objection regarding undue delay.

Additionally, the Board directed the responding parties to produce requested documents or provide reasons for any objections within two weeks.

The applicant union sought to amend its related employer and sale of a business applications to add two new responding parties, and requested production of documents.

The responding parties objected to the broad pre-hearing production request.

The Ontario Labour Relations Board granted the amendment to add the responding parties and directed the responding parties to produce relevant documents.

The Board also directed the parties to meet with a Labour Relations Officer to resolve any remaining production issues.

The applicant union filed an unfair labour practice complaint under section 96 of the Labour Relations Act, 1995, alleging that the employer violated the Act by unilaterally deducting overpaid wages from employees' paycheques.

The employer requested that the Board dismiss the application without a hearing or defer to the grievance and arbitration procedure.

The Board adjourned the application sine die, deferring the matter to arbitration, as the main dispute involved the Employment Standards Act and alleged breaches of the collective agreement.

The applicants filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The responding parties did not file responses or express interest in the proceedings.

After ensuring affected employees received notice and an opportunity to participate, the Board granted the applicants' request to determine the matter based solely on the written materials provided, cancelling the scheduled oral hearing.

The Ontario Labour Relations Board directed the Registrar to list the matter for hearing.

The Vice-Chair noted he was not seized of the application.

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 for the agreed-upon bargaining unit.

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

A representation vote was held, and the union failed to obtain more than 50% of the ballots cast.

As no statement of desire to make representations was filed, the Board dismissed the application and imposed a one-year bar on further certification applications by the union for this bargaining unit.

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

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the funds held in trust by the Director to be disbursed in accordance with the settlement, with $2,379.00 returned to the employer, $2,379.00 paid to the employees, and the administration fee retained by the Consolidated Revenue Fund.

The Ministry of Labour was given ten days to request a hearing if necessary, failing which the matter would be terminated.

The applicant trade union applied for certification.

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

The Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

The Board directed that a representation vote be taken of the individuals in the voting constituency.

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

The Board found that the applicant is a trade union under the Labour Relations Act, 1995, and that it appeared to have the requisite membership support of at least forty percent.

The Board ordered a representation vote to be held, with segregated ballots for the disputed positions of Bookkeeper and Executive Assistant.

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

The applicant trade union filed an application for certification to represent a bargaining unit of dependent contractors of the responding party.

The responding party disputed the applicant's trade union status and raised an issue regarding a potential bar from a previous unsuccessful application by another local.

The Board found that the applicant had established the requisite 40 percent membership support based on the information provided.

The Board directed that a representation vote be taken, with any challenged ballots to be segregated, and deferred the remaining disputes to a subsequent hearing.

The applicant, International Brotherhood of Locomotive Engineers, sought to withdraw its application against Goderich – Exeter Railway Co. Ltd. The Ontario Labour Relations Board granted leave to withdraw the application.

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

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

The applicant union applied for certification.

A representation vote was held, and more than fifty percent of the ballots were cast in favour of the applicant.

No statement of desire to make representations was filed.

The Board found the agreed-upon bargaining unit appropriate and directed that a certificate issue to the applicant union.

The applicants, directors of Athena International Canada Limited, brought an application before the Ontario Labour Relations Board against the Ministry of Labour.

The application was withdrawn by leave of the Board.