7 total
Teacher suspended for four months and reprimanded for making homophobic comments about a colleague.
The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct.
The member admitted to making disparaging and homophobic comments to staff, students, and parents about a newly hired teacher whose photograph appeared in a newspaper covering the Gay Pride Parade.
The member's conduct contributed to a hostile environment that ultimately caused the new teacher to leave the school.
The Discipline Committee accepted a joint submission on penalty, finding the member guilty of professional misconduct.
The Committee ordered a reprimand, a four-month suspension of the member's teaching certificate, and the successful completion of a course on homophobia prior to returning to teaching.
Concerted delay in crossing a picket line constitutes an unlawful strike; cease and desist order granted.
The applicant employer, Progistix, sought a cease and desist order against its employees and their union, the CEP, alleging an unlawful strike.
The employees had delayed crossing a picket line set up by striking Bell Canada employees (also represented by the CEP) at their shared premises.
The Board found that the concerted delay in crossing the picket line constituted an unlawful strike under the Labour Relations Act, and that the union and its officials had unlawfully authorized and encouraged this action.
The Board issued a cease and desist order against the employees and the union, but declined to restrict the picketing itself, finding it was in connection with a lawful strike against Bell Canada.
Receptionists excluded from bargaining unit as they fall within the agreed-upon office and clerical exclusion.
In an application for certification, the union and employer agreed on a bargaining unit description that excluded 'office and clerical staff'.
The sole remaining issue was whether receptionists fell within this exclusion.
The Board found that while receptionists shared some community of interest with bargaining unit employees, their duties were primarily administrative and clerical in nature, involving the collection of information that flowed to the accounting staff.
Consequently, the Board concluded that the receptionists fell within the office and clerical exclusion and were excluded from the bargaining unit.
A final certificate was issued.
Section 79 of the Labour Relations Act does not require employee ratification votes in the construction industry.
The applicants filed a complaint alleging that the responding parties breached section 79 of the Labour Relations Act, 1995 by failing to conduct an employee ratification vote for a memorandum of settlement in the construction industry.
The Ontario Labour Relations Board dismissed the complaint, finding that section 44 of the Act explicitly exempts the construction industry from mandatory employee ratification votes.
The Board held that a trade union in the construction industry is free to choose a ratification process that does not include a vote of employees, such as a vote of accredited delegates.
Board confirms employer's assignment of library reference work to both Staff and Faculty Associations.
The employer, Algoma University College, filed a jurisdictional dispute complaint regarding the assignment of library reference desk duties and library tours.
The work had been assigned to members of both the Staff Association and the Faculty Association.
The Board found that the work was normally performed by members of both associations and that there was a clear overlap in jurisdiction.
Considering past practice, area practice, and factors of economy and efficiency, the Board confirmed the employer's assignment of the disputed work to members of both associations.
Interim reinstatement granted to daycare employees terminated after attempting to bargain collectively without a formal union.
The applicants, employees of a daycare centre, sought interim reinstatement under section 92.1 of the Labour Relations Act after being terminated shortly after presenting collective demands to their employer.
The employer argued the Act did not protect them as they were not formally represented by a trade union.
The Board found an arguable case that the employees' rudimentary efforts to organize for collective bargaining were protected under the Act.
Concluding that the balance of harm favoured the applicants, the Board ordered their interim reinstatement pending the disposition of the main unfair labour practice complaint.
Application dismissed; statutory minimum term for collective agreements does not apply to unsigned final offers.
The union applied to the Ontario Labour Relations Board alleging that the employer breached the Labour Relations Act by proposing a final offer with a duration clause of less than one year from the date of the final offer vote.
The union sought an extension of the duration clause to one year from the vote date.
The Board dismissed the application, finding that the union failed to argue a breach of the duty to bargain in good faith under section 15, and that section 53(1) does not apply to a final offer until it is signed by the union and becomes a collective agreement.
