Barbara Linds

The applicant union sought interim relief to prevent the exclusion of certain employees from the Crown Employees Collective Bargaining Act pending a decision on the merits.

The Board held that while section 98 of the Labour Relations Act, 1995 limits interim orders to procedural matters, section 16.1 of the Statutory Powers Procedure Act grants the Board a broader, general power to make interim orders related to its jurisdiction, which prevails due to the override provision in section 32 of the SPPA.

However, the Board declined to grant interim relief in this case, primarily because the applicant was unwilling to proceed expeditiously with a hearing on the merits.

The Association of Law Officers of the Crown applied for certification to represent articling students employed by the Crown.

OPSEU intervened, claiming it already held bargaining rights for these students under an Order-in-Council establishing bargaining units for Crown employees.

The applicants argued that articling students fell into a residual bargaining unit and challenged OPSEU's representation.

The Board interpreted the statutory framework and Orders-in-Council, concluding that articling students were properly included in the first bargaining unit for which OPSEU was designated as the bargaining agent.

Consequently, the certification application was untimely, and the related applications to terminate bargaining rights and alleging unfair labour practices were dismissed.

The applicant union brought an application under section 64 of the Labour Relations Act concerning the rationalization of rehabilitation services among three hospitals.

The rationalization involved transferring services and employees to a consolidated centre at the responding party hospital, constituting a sale of a business.

The primary issue was whether the seniority of incoming employees should be dovetailed or end-tailed into the existing bargaining unit's seniority list.

The Board found that an intermingling of employees had occurred despite the physical transfers not yet being complete.

The Board ordered that the seniority lists be dovetailed, recognizing the incoming employees' accrued seniority in full, as it provided the most equitable reconciliation of interests and facilitated the rationalization process.

The Ontario Public Service Employees Union applied for a declaration that the Ministry of Natural Resources' contract with two individuals to operate Fitzroy Provincial Park constituted a transfer of an undertaking under the Successor Rights (Crown Transfers) Act.

The Board found that the contractors were operating the park for their own account, assuming financial risks, and using the physical assets and similar jobs as formerly performed by Crown employees.

The Board concluded that the transaction was analogous to a lease or franchise and declared it a transfer of an undertaking from the Crown to an employer.

The union applied for certification of a single bargaining unit comprising office, clerical, technical, and food services employees at Ryerson Polytechnical Institute.

The employer argued for three separate units dividing career and non-career employees, and sought to exclude employees funded by special projects.

The Ontario Labour Relations Board determined that a single, comprehensive bargaining unit was appropriate, finding a shared community of interest among career and long-term non-career employees and emphasizing the Board's aversion to fragmented bargaining structures.

The Board also refused to exclude special project employees, noting the source of funding does not negate their right to collective bargaining.

The applicant union sought certification for a bargaining unit of occasional teachers.

Following a representation vote in which the union was successful, a group of objecting employees sought to have the vote set aside.

The objectors argued that a clerical error in the street address on the Notice of Taking of Vote, the use of segregated ballots, and the application of the Board's thirty-day rule compromised the vote.

The Board dismissed the objections, finding no evidence that the address error prevented anyone from voting or that the segregation of ballots departed from usual practice.

The Board declined to direct a new vote and ordered that a certificate issue to the applicant.

The applicant union sought certification for a bargaining unit of employees at the respondent's ambulance service.

The sole issue was whether a supervisor, Mr. Ball, exercised managerial functions under section 1(3)(b) of the Labour Relations Act and should be excluded from the unit.

The Board found that Mr. Ball's duties were primarily those of a lead hand, with limited supervisory functions such as verifying time cards and routine scheduling.

He did not possess independent managerial discretion regarding hiring, firing, or other significant matters.

The Board concluded he was an employee within the meaning of the Act and included him in the bargaining unit, issuing a formal certificate to the applicant.

The applicant union applied for certification of a part-time support staff unit at the respondent's hospital in Wiarton.

The respondent argued that the appropriate bargaining unit should also include employees at a recently acquired hospital in Lion's Head, citing common administration and a small float team of employees working at both locations.

The Board rejected the respondent's argument, noting its normal practice of defining bargaining units by municipal boundaries and the lack of organizing interest at the Lion's Head facility.

The Board found the Wiarton-only unit appropriate and, satisfied that more than 55% of the employees were union members, ordered a certificate to issue.

The union applied for certification of a bargaining unit of office, clerical, technical employees, teacher aides, and cafeteria aides.

The employer objected to the proposed unit, arguing that permanent part-time employees should be included, casual/temporary employees excluded, and secretaries to principals excluded due to managerial or confidential duties.

The Board held that permanent part-time employees do not share a community of interest with full-time employees and excluded them, while including casual/temporary full-time employees.

The Board also found that secretaries to principals have regular and material involvement in confidential labour relations matters and excluded them under s. 1(3)(b) of the Labour Relations Act.

The Board directed the counting of the ballots.