John H. McNair

The applicant applied to terminate the bargaining rights of the union under the non-ICI collective agreement.

The union argued that the applicant was not performing bargaining unit work on the application date, as he was primarily performing clean-up work in the employer's yard.

The Board found that the collective agreement's recognition clause referred to 'construction projects' and did not cover the yard work performed.

As the applicant was not performing bargaining unit work on the application date, the termination application was dismissed.

The applicant union applied for certification to represent dependent contractor taxi drivers and filed an unfair labour practice complaint alleging the respondent employer terminated 11 drivers for union activity.

The employer claimed the terminations were strictly for economic reasons due to a downturn in business.

The Board found the employer's economic justification insufficient to explain the specific selection of the 11 drivers, all of whom had recently signed union cards.

The Board inferred anti-union animus, ordered the drivers reinstated with compensation, directed the posting of a notice, and issued a certificate to the union.

During a consolidated hearing for union certification and an unfair labour practice complaint, the Ontario Labour Relations Board made several preliminary rulings.

The Board refused to exclude part-time employees and students from the bargaining unit, noting the employer had no history of employing them, despite the plant having only been open for a few months.

The Board also included quality control employees in the unit, finding they shared a community of interest with production employees.

Over the union's objection, the Board ordered the disclosure of the membership card count to ensure all parties understood the case to be met.

Finally, the Board directed the employer to call its evidence first, followed by the objecting employees, and then the union.

The applicant filed an application to terminate the respondent union's bargaining rights.

The union had previously applied for a direction to settle a first collective agreement by arbitration, which was granted by another panel of the Board.

The Board held that under section 40a(22) of the Labour Relations Act, it must consider the applications in the order it deems appropriate, and if it grants one, it must dismiss the other.

The Board determined it was appropriate to consider the first contract application prior to the termination application.

Since the first contract application was granted, the termination application was dismissed.