Dermot Lynch

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

On the scheduled hearing date, the parties resolved the grievance by entering into minutes of settlement.

The responding party acknowledged the union's bargaining rights and admitted to violating the provincial collective agreement, while the union agreed not to claim damages.

The Board issued a decision incorporating the minutes of settlement and resolving the matter.

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.