Employment and Labour Law

The applicant union sought to withdraw its application following a settlement reached between the parties on November 9, 2000.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

The Ontario Labour Relations Board issued a decision correcting the application date in an earlier decision regarding an application for certification.

The date was corrected from November 7, 2000, to November 4, 2000, and the eligibility date for voting was amended accordingly.

The responding party filed a response and mailed a copy to the applicant, but did not forward copies to the potential witnesses listed in the application.

The Board ruled that since these individuals were identified as potential witnesses and not interested parties, there was no requirement for the responding party to serve materials upon them.

The applicant referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding party failed to remit contributions and deductions.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Proceeding by default, the Board accepted the applicant's allegations as true, declared the responding party bound by the provincial collective agreement, and ordered it to pay $19,474.96 in damages plus costs.

The responding party requested an adjournment of the matter.

The Ontario Labour Relations Board granted the request and adjourned the matter sine die for a period not exceeding one year, after which it will be deemed terminated if no further action is taken.

The applicant applied for certification in the construction industry.

The Board previously directed the applicant and intervenor to exchange pleadings on whether a valid voluntary recognition agreement existed between the responding party and the intervenor, which would bar the application.

Finding significant factual disputes in the submissions, the Board directed that the matter be resolved in a traditional oral hearing.

The applicant filed an employment standards application two days after the time limit.

The application was given to a courier on July 24, delivered on July 25, and the required payment was made on July 26.

The Ontario Labour Relations Board exercised its discretion under section 68(4) of the Employment Standards Act to extend the time for filing to July 26, 2000, noting that the applicant clearly attempted to comply and the delay was trivial.

The applicant requested to withdraw her application against the responding party municipality.

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

The applicant filed an incomplete and untimely application for review of an Order to Pay.

The applicant failed to pay the amount of the Order to Pay into trust, which is a statutory requirement for the application to be considered complete.

The Board found no basis for granting an extension to the time limits for filing the application, as there was no explanation for the failure to make the payment into trust.

The application was dismissed.

The applicant, International Brotherhood of Electrical Workers, Local 353, sought to withdraw its application against the responding party, The Board of Governors of Exhibition Place.

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

The applicant, I.W.A. Canada, Local 2693, submitted correspondence to the Ontario Labour Relations Board requesting to withdraw its application against McKenzie Forest Products Inc. The Board acknowledged the correspondence and ordered the matter withdrawn.

The applicant union applied for certification.

The responding party and intervenor requested a postponement of the disposition pending a contempt motion in Superior Court and raiding charges before the Canadian Labour Congress.

The Board denied the postponement, noting it had dealt with these requests in other decisions.

Having found the bargaining unit appropriate and that more than 50% of the ballots in the representation vote were cast in favour of the applicant, the Board ordered that a certificate issue to the applicant.

The applicant union and responding employer agreed to adjourn the application.

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

The applicant union applied for certification.

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

No statement of desire to make representations was filed.

The Board dismissed the application and imposed a one-year bar on further applications by the union for the same bargaining unit.

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

Following a representation vote where the union failed to secure more than fifty per cent of the ballots cast, and with no representations filed by either party, the Ontario Labour Relations Board dismissed the application.

A mandatory one-year bar on subsequent certification applications by the union for the same bargaining unit was imposed.

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

The Board found the applicant to be a trade union under the Labour Relations Act, 1995, and determined the appropriate bargaining unit based on the parties' agreement.

Finding that at least forty percent of the individuals in the proposed unit were union members, the Board directed that a representation vote be held.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer violated the collective agreement by employing non-union workers.

The responding party failed to file a response or notice of intent to defend.

Pursuant to the Board's Rules of Procedure, the Board deemed the responding party to have accepted all facts stated in the application.

The Board declared the employer violated the collective agreement and ordered it to pay $8,966.40 in damages plus filing fees.

The applicant union filed an application before the Ontario Labour Relations Board.

On agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if no request to proceed was made within one year.

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

On agreement of the parties, the Board ordered that the responding employers are bound by the collective agreement and violated it by failing to file returns and make remittances.

The scheduled hearing was cancelled, and a new hearing was set to determine the amount of damages owed.

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

The parties resolved all outstanding disputes and agreed on the appropriate bargaining unit.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.