G. Charney, Q. C.

The applicant filed an application to terminate the bargaining rights of the respondent union.

The union brought a preliminary motion to dismiss the application as untimely, arguing that the initial application form failed to describe the bargaining unit and was only corrected after the open period had expired.

The Board dismissed the union's motion, finding that the application, when read with its accompanying documents, clearly intended to cover all employees for whom the union held bargaining rights.

The Board emphasized substance over form, noting that the application was filed in a timely manner and the defect in form did not invalidate it.

The Board extended the terminal date to allow for proper notice to be served regarding both the full-time and part-time bargaining units.

The union filed an unfair labour practice complaint and a related employer application after Kennedy Lodge, a nursing home, announced it would contract out the work of its unionized nurse's aides to Medox, an outside agency, resulting in the termination of approximately 92 bargaining unit employees.

Kennedy Lodge cited severe financial difficulties and the need to reduce wage costs as the reasons for the decision.

The Ontario Labour Relations Board found that Kennedy Lodge would retain fundamental control over the nursing care provided by the aides, meaning Kennedy Lodge would remain the true employer of the aides supplied by Medox.

Alternatively, the Board found that Kennedy Lodge and Medox were related employers under section 1(4) of the Labour Relations Act.

The Board concluded that the arrangement was not a valid contracting out under the collective agreement and that replacing bargaining unit employees with non-union personnel to avoid collective bargaining obligations violated sections 50, 64, and 66 of the Act.

The Board issued declarations binding Kennedy Lodge and Medox to the collective agreement.

A dissenting member would have found the subcontracting valid and dismissed the complaints.

The union applied for certification and filed an unfair labour practice complaint alleging the employer discharged three employees for union activity.

The Board determined the appropriate bargaining unit should be restricted to the employer's non-construction winter operations.

The Board found the employer failed to prove the discharges were not tainted by anti-union animus, violating sections 64 and 66 of the Labour Relations Act.

Given the employer's violations, including threatening an employee prior to a pre-hearing vote, the Board concluded the true wishes of employees were unlikely to be ascertained.

Finding the union had adequate membership support, the Board certified the union pursuant to section 8 of the Act and ordered reinstatement with compensation for the discharged employees.

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.