J. Hayes

The applicant union filed an application for certification under the name of its Toronto Joint Board, but the membership evidence submitted was in the name of the international union.

The Board granted the applicant's unopposed request to amend the application to name the international union as the applicant.

However, the Board declined to proceed with the application without first providing fresh notice to the affected employees, emphasizing that employees have a right to notice and an opportunity to participate before a decision is made.

The Board directed the Registrar to issue new notices reflecting the amended applicant name and extended the terminal date.

The Minister of Labour referred a question to the Ontario Labour Relations Board regarding his authority to appoint an arbitrator under section 45 of the Labour Relations Act.

The trade union argued that the expedited arbitration procedure was only available to the grieving party, while the employer argued it was available to either party.

The Board held that the clear language of section 45(1) allows either party to a collective agreement to request the Minister to refer a difference to a single arbitrator.

The Board advised the Minister that he has the authority to appoint an arbitrator upon the request of either the trade union or the employer.