4 total
Unfair labour practice complaint dismissed due to extreme delay of nearly three years.
The complainant filed an unfair labour practice complaint against his former employer nearly three years after his discharge, alleging he was terminated for exercising rights under the Labour Relations Act.
He had previously pursued an unsuccessful arbitration and two unsuccessful complaints against his union.
The employer raised a preliminary objection based on extreme delay.
The Ontario Labour Relations Board exercised its discretion under section 89(4) of the Act to decline to inquire into the complaint, finding the delay extreme, the explanation insufficient, and no overriding public policy reasons to proceed.
Application for reconsideration dismissed where respondent failed to attend hearing and misrepresented reasons for absence.
The respondent applied for reconsideration of a Board decision that denied an adjournment and found it had illegally terminated four employees.
The respondent argued the adjournment should have been granted due to a death in the owner's family, and that the owner failed to attend the hearing due to a misunderstanding of his solicitor's advice.
The Board found the owner had continued to work despite the bereavement and had intentionally misrepresented facts.
The Board also found the owner had ignored his solicitor's advice to attend the hearing.
The application for reconsideration was dismissed.
Employer committed unfair labour practices by discharging union supporters and violating statutory freeze period.
The complainant union alleged that the respondent employer committed unfair labour practices by discharging two telephone operators for their union activity and by violating the statutory freeze period.
The employer claimed the discharges were due to the failure of an experimental telephone dispatch system.
The Board found that the employer failed to discharge its reverse onus to prove the terminations were free of anti-union animus, given the employer's knowledge of the employees' union support and previous anti-union conduct.
The Board also held that the unilateral elimination of the telephone operator classification and the alteration of the dispatchers' hours of work during the freeze period violated section 70(2) of the Labour Relations Act.
The employer was ordered to reinstate the grievors with compensation.
Board directs representation vote, finding employees' petition to terminate union bargaining rights was voluntary.
The applicants, employees of two related companies, applied to terminate the respondent union's bargaining rights.
The union had recently obtained a related employer declaration sweeping the applicants into the bargaining unit.
The union argued the Board should exercise its discretion to bar the termination application and challenged the voluntariness of the employees' petition.
The Board held it lacked authority to impose a bar analogous to a sale of business scenario and found the employees' opposition to the union was voluntary.
A representation vote was directed.
