M. Crnkovich

Following a decision finding the respondents liable for violations of the Labour Relations Act, the respondents requested a re-attendance to address the impact of an Employment Standards award on the Board's compensation order, and to amend the wording of the Notice to Employees.

The Board found the request regarding compensation premature, as the parties had not yet attempted to resolve the quantum of damages themselves.

The Board agreed to amend the Notice to Employees to accurately reflect the specific remedy granted in the decision.

The union filed complaints alleging that the employer failed to bargain in good faith, interfered with the union's representation rights, and engaged in an unlawful lock-out by transferring work to a related, unorganized entity.

The Ontario Labour Relations Board found that the employer breached the Labour Relations Act by failing to send an informed committee to negotiations, failing to disclose its intention to move work, bargaining directly with employees, and locking out employees to undermine the union.

The Board ordered the employer to cease and desist, return the transferred work, compensate employees for lost wages, and provide the union with employee addresses.

The union filed an application alleging an unlawful lock-out.

During the proceedings, the individual respondent refused to produce unredacted application forms, prompting the Board to state a case to the Divisional Court.

The Court found the respondent had no lawful excuse but directed the Board to give her another opportunity to produce the documents.

At the reconvened hearing, the respondent requested an adjournment pending an application for leave to appeal the Court's decision.

The Board denied the adjournment, finding it would cause greater injustice to the applicant.

The respondent was given another opportunity to produce the documents but again refused.