4 total
Board declares refusal to cross picket lines at non-striking plants constitutes an unlawful strike.
The applicant employer sought declarations and directions regarding alleged unlawful strike activity and picketing by the responding union and its members.
Employees at one plant were engaged in a lawful strike and picketed other plants of the employer.
Employees at the other plants refused to cross the picket lines.
The Board found that the refusal to cross the picket lines constituted an unlawful strike, which was authorized and encouraged by the union and its officials.
The Board issued cease and desist orders, while reserving its decision on the lawfulness of the picketing itself.
Application to enforce settlement dismissed as memorandum was unsigned; hearing adjourned to argue oral settlement.
The employer brought an application alleging the union failed to comply with a settlement of an unfair labour practice complaint.
The union brought a preliminary motion to dismiss the application because the written Memorandum of Settlement was not signed by its representative.
The Board granted the union's motion and dismissed the employer's application, noting that section 96(7) of the Labour Relations Act requires a settlement to be signed by the parties to be enforceable under that section.
However, the Board adjourned the union's underlying unfair labour practice complaint to hear legal argument on whether an oral settlement had been reached, assuming the union's version of facts that the employer's counsel had added an inaccurate term to the written draft which was subsequently removed.
Board declares unlawful strike and issues cease and desist order against union and representative.
The applicant employer sought a declaration and cease and desist order regarding an alleged unlawful strike by the responding union and its representative at the employer's Milton and Georgetown facilities.
The Ontario Labour Relations Board found that the responding parties had engaged in an unlawful strike in violation of the Labour Relations Act, 1995.
The Board issued declarations of unlawful strike activity and ordered the responding parties to cease and desist from such conduct, while declining to award damages.
Board provides directions on unresolved essential services agreement issues for public service employees.
The Ontario Public Service Employees Union and the Crown applied to the Ontario Labour Relations Board to determine five unresolved matters in their negotiation of an essential services agreement under the Crown Employees Collective Bargaining Act, 1993.
The Board provided directions on the definition of essential versus emergency services, the arrangement of work hours, and the timing for selecting employees to provide essential services.
The Board declined to make determinations on the extension of non-classified contracts and the cessation of benefits during a strike, finding these issues lacked a sufficient connection to the statutory mandate for essential services agreements.