66 total
Representation vote ordered where union failed to commence bargaining for twelve months without reasonable excuse.
The applicant employer applied under section 59 of the Labour Relations Act for a declaration terminating the respondent union's bargaining rights.
The union had served a notice to bargain but failed to commence negotiations for approximately twelve months, offering no valid explanation other than having forgotten about the bargaining unit.
The Board found that the union had slept on its bargaining rights without reasonable excuse, prejudicing the employees.
The Board ordered a representation vote to determine if the employees still desired to be represented by the union.
Union certified automatically; 55.3 percent support satisfies statutory requirement of 'more than 55 percent'.
The applicant union applied for certification.
The parties agreed on the bargaining unit description.
The union demonstrated membership support of 55.3 percent.
Employee objectors argued that 'more than 55 percent' under section 7(2) of the Labour Relations Act required at least 56 percent, and alternatively requested a representation vote due to alleged intimidation from recent parking lot vandalism.
The Board held that any fraction over 55 percent is sufficient for automatic certification.
The Board declined to order a representation vote, finding the vandalism allegations too remote to establish a chilling effect.
A certificate was issued to the applicant.
Interim union certification granted under section 8 due to employer contraventions of the Labour Relations Act.
The applicant trade union applied for certification under section 8 of the Labour Relations Act.
The parties agreed that the employer contravened the Act such that the true wishes of the employees were not likely to be ascertained.
The Board found that the union had adequate membership support for collective bargaining and granted interim certification for the agreed-upon bargaining unit, pending resolution of challenges to the employee list.
Application for related employer declaration dismissed as feed distributor lacked sufficient control over subcontractor's labour relations.
The applicant union sought a declaration under section 1(4) of the Labour Relations Act that the respondents, a livestock feed distributor and two vehicle leasing/driver supply companies, constituted a single employer.
The union argued that the feed distributor's decision to contract out its transportation needs to the other respondents, who hired many of the previous drivers, created a related employer situation.
The Ontario Labour Relations Board dismissed the application, finding that while the entities might be under common control or direction, there were no compelling labour relations reasons to exercise its discretion to make the declaration.
The Board noted the feed distributor had no financial interest in the other companies and did not exercise sufficient control over their labour relations.
Representation vote ordered after Board finds employee petition opposing certification was voluntary.
A high percentage of employees signed union cards, but a similarly high percentage subsequently signed a petition opposing certification.
The Board heard evidence regarding the circumstances of the petition's circulation to determine if it represented a voluntary change of mind.
Despite some management inquiries, the Board found the change of mind was spontaneous and not initiated by management.
The Board exercised its discretion under section 7(2) of the Act to order a representation vote.
Board departs from municipal bargaining unit practice to certify a regional unit for milk transport drivers.
The applicant trade union applied for certification to represent five truck drivers employed by the respondent milk transport company.
The parties disputed the appropriate geographic description of the bargaining unit.
The respondent argued for the Board's standard municipality-based units, which would have fragmented the five employees into multiple units, some with only one employee.
The Board departed from its general practice, finding that the employees, though residing in different municipalities, all worked within the same general area and were part of a single integrated operation.
The Board defined the bargaining unit to encompass employees working in and out of the Regional Municipalities of York and Durham, and granted the certificate.
