James Hayes

The union applied for certification for employees of Bright Veal Meat Packers Ltd. The employer requested that the Board apply section 1(4) of the Labour Relations Act to treat Bright Veal and Globe Wholesale Meats Inc. as one employer, arguing they were associated businesses under common control.

The Board found comprehensive integration and significant intermingling of employees between the two operations.

The Board declared the two companies to be one employer to prevent undue fragmentation of bargaining rights.

As the union did not have sufficient membership support in the combined bargaining unit, the application for certification was dismissed.

The union filed a complaint alleging the employer failed to bargain in good faith.

After the union accepted the employer's contract offer, the employer insisted on a joint request to the Minister of Labour for an employee ratification vote under section 34d of the Labour Relations Act.

The Board found that the employer's insistence on a ratification vote after the union had accepted the offer was an unlawful attempt to bypass the exclusive bargaining agent and deal directly with employees.

The Board directed the employer to execute the collective agreements and compensate employees for lost opportunity.

The employer requested a final offer vote under section 34e of the Labour Relations Act during a strike.

A majority of employees voted to accept the offer, but the trade union refused to sign the collective agreement, arguing the vote was merely an opinion poll and that the employer's pre-vote communications, which included a reference to a possible plant closure, constituted unlawful coercion.

The Ontario Labour Relations Board held that a section 34e vote in favour of an offer creates a binding basis for a collective agreement in the usual case.

The Board found the employer's statements were reasonable predictions based on bargaining reality rather than unlawful threats.

The trade union was directed to execute the collective agreement.

The complainant union alleged that the respondent employer failed to bargain in good faith during negotiations for a first collective agreement.

After a lengthy strike, the employer withdrew its monetary proposals shortly after the introduction of legislation mandating dues check-off, which had been the main issue in dispute.

The Board found that the employer's withdrawal of the offer and its rigid position on union security were aimed at avoiding a collective agreement, violating section 14 of the Labour Relations Act.

The Board ordered the employer to table its previous offer and directed the reinstatement of striking employees who make an unconditional application to return to work.

The complainant union filed an unfair labour practice complaint alleging that the respondent employer's foreman interfered with the union's administration by soliciting employees to revoke their union membership and dues check-off.

The Ontario Labour Relations Board found that the foreman initiated discussions and used promises of protection to encourage revocations, which constituted a violation of section 56 of the Labour Relations Act.

The Board ordered the employer to cease and desist, compensate the union for lost dues from one employee whose revocation was directly caused by the foreman, and post a notice of the decision.

The respondent employer sought reconsideration of a decision certifying the applicant union, alleging that the union's membership evidence was obtained with the support of management officials, contrary to sections 12 and 56 of the Labour Relations Act.

The general manager had initiated the organizing campaign and directed supervisors to assist.

The union subsequently re-signed employees outside the plant to cure the defect.

The Board found that the general manager acted on his own and not in the employer's interests, so the section 12 bar did not apply.

However, given the circumstances of the re-signing and the presence of management, the Board doubted the true wishes of the employees.

The Board revoked the certificate and ordered a representation vote.