Craig Slater

The applicant appealed an Order of Monetary Penalty issued by the Registrar of Alcohol and Gaming for serving liquor after 2:00 a.m. and failing to remove evidence of drinking before 2:45 a.m.

At the hearing, the applicant admitted the allegations but requested a reduction in the penalty.

The Licence Appeal Tribunal held that under subsection 14.1(7) of the Alcohol and Gaming Regulation and Public Protection Act, 1996, it only has jurisdiction to confirm or set aside the monetary penalty, not to vary it.

The Tribunal confirmed the monetary penalty.

The applicants, classified employees in the Ontario Public Service, filed applications alleging that their trade union breached its duty of fair representation by agreeing to process their outstanding classification grievances through an expedited mediation-arbitration process without their consent.

The trade union and the employer brought a motion to dismiss the applications for failing to make out a prima facie case.

The Board found that the trade union had the right to settle or dispose of grievances without the individual applicants' consent, and that the decision to use an expedited process to resolve a long-standing backlog of cases was not arbitrary, discriminatory, or in bad faith.

The applications were dismissed without a hearing on the merits.

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.