2 total
Oral evidence is inadmissible to prove payment of union initiation fees omitted from membership cards.
In an application for certification, the applicant union filed membership cards, three of which did not indicate that the employees had paid the minimum one dollar initiation fee.
The union sought to adduce oral evidence to establish that the payments were made.
The Ontario Labour Relations Board held that the payment of the initiation fee is a substantive requirement of membership under the Labour Relations Act, not merely a formal or technical defect.
Consequently, under the Board's Rules of Procedure, oral evidence could not be admitted to cure this substantive defect.
The defective cards were discounted, and the matter was listed for a continuation of the hearing.
The seven week rule applies on both the date a representation vote is ordered and taken.
During a union certification process, a dispute arose regarding the eligibility of four employees to cast ballots in a representation vote.
The union argued that the 'seven week rule' should be applied to determine full-time or part-time status on both the date the vote was ordered and the date it was taken, while the employer argued it should only be applied as of the application date.
The Ontario Labour Relations Board held that the seven week rule must be applied on both the date the vote was ordered and the date it was taken to ensure the vote reflects the wishes of employees with a direct interest.
The Board also dismissed a complaint regarding the Returning Officer temporarily closing the poll and securing the ballot box to seek instructions.
