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Application for sale of business and related employer declarations dismissed after key personnel left unionized contractor.
The applicant union sought a declaration that the responding parties Beldin and Alverio were bound by the collective agreements between the union and Concept, either as a result of a sale of a business or because they were related employers under common control and direction.
The Board found that the departure of two key individuals from Concept to start their own businesses did not constitute a sale of a business, as Concept continued to operate successfully without them and they did not take Concept's work or customers.
The Board also declined to make a single employer declaration, finding that Concept and the new businesses were not under common control and direction, and the union's bargaining rights with Concept remained intact.
The application was dismissed.
Preliminary motion to bar related employer application dismissed; union may pursue certification and successor rights alternatively.
The responding parties brought a preliminary motion to bar the applicant union's related and successor employer applications under sections 69 and 1(4) of the Labour Relations Act, 1995.
The responding parties argued that the union's prior application for certification in respect of one of the responding parties constituted an admission against interest that it did not hold existing bargaining rights.
The Ontario Labour Relations Board dismissed the preliminary motion, holding that the Act permits a trade union to pursue certification and section 69/1(4) applications in the alternative, as they are not mutually exclusive and serve different remedial purposes.
Union certified under section 9.2 after employer committed unfair labour practices during organizing drive.
The union applied for certification and filed an unfair labour practice complaint against the employer, alleging intimidation and the retaliatory layoff of a key union supporter during an organizing drive.
The Ontario Labour Relations Board found that the employer violated the Labour Relations Act by interrogating and threatening one employee and abruptly laying off another upon discovering the union's presence.
Concluding that the employer's swift and severe actions made it unlikely that the true wishes of the employees could be ascertained, the Board granted certification under section 9.2 of the Act.
Interim reinstatement ordered for two employees pending final disposition of unfair labour practice complaint.
The applicant union sought interim relief pending the final disposition of an unfair labour practice discharge complaint.
The Ontario Labour Relations Board found an arguable case for the relief requested and that the balance of harm favoured the applicant.
The Board directed the responding party employer to reinstate the two discharged employees on an interim basis and to post a notice to employees regarding their rights under the Labour Relations Act.
Interim reinstatement of discharged union organizers denied due to delay and primarily financial nature of harm.
The union applied for an interim order under section 92.1 of the Labour Relations Act to reinstate three employees who were allegedly discharged for their participation in a union organizing campaign, pending the resolution of the main unfair labour practice application.
The Board declined to grant the interim order, finding that the harm suffered by the employees was primarily financial and that the delay in bringing the application militated against intervention, as the employer had already hired replacements and would suffer significant harm if the order were granted.
Leave granted to applicant to withdraw grievance referral over respondent's request for dismissal.
The applicant union sought leave to withdraw its grievance referral under section 124 of the Labour Relations Act after the matter was adjourned for negotiations.
The respondent employer requested that the grievance be dismissed.
The Board found no compelling reason to prevent the applicant from withdrawing its own grievance and granted leave to withdraw the referral.
Board lacks jurisdiction over work assignment complaint where union made no demand on the assigning employer.
The complainant employer filed a complaint under section 91 of the Labour Relations Act regarding a work assignment dispute between two unions over the off-loading and conveying of drywall materials.
The work was actually performed by the employees of the material supplier.
The Board held that it lacked jurisdiction to entertain the complaint under subsection 91(1) because the union had not made a demand on the employer with actual responsibility for assigning the work (the supplier) to assign the work to its members.
The complaint was dismissed.
Union held liable for illegal work stoppages instigated by its president over a denied personal loan.
The applicant employer referred a grievance to the Ontario Labour Relations Board alleging that the respondent union violated the no-strike provision of their collective agreement.
The employer claimed that the union president instigated work stoppages at multiple construction sites after the employer's president refused to provide him with an unsecured personal loan.
The Board found that union representatives, acting on the president's instructions, directed employees to cease working, constituting an illegal strike under the Labour Relations Act.
The Board granted a declaration that the union violated the collective agreement and ordered the union to compensate the employer for all resulting losses, including wages paid to employees for hours not worked during the stoppages.
