M. I. Rotman

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging that the responding party employer failed to make required remittances under the Provincial Collective Agreement.

The responding party did not file a response or attend the hearing.

The Board found that the responding party was bound by the collective agreement and had failed to remit payments for February, March, and April 2001.

The Board ordered the responding party to pay $14,613.04 in outstanding remittances, liquidated damages, and interest, plus $749.00 for the applicant's Board fees.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding party failed to make required remittances under the Provincial Collective Agreement.

The responding party did not appear at the hearing.

The Board found the responding party bound by the agreement and in default of its remittance obligations for January, February, and March 2000.

The Board ordered the responding party to pay $7,854.50 in outstanding remittances, liquidated damages, and interest, plus $749.00 for the applicant's Board filing fees.

The applicant union brought an application under section 64 of the Labour Relations Act concerning the rationalization of rehabilitation services among three hospitals.

The rationalization involved transferring services and employees to a consolidated centre at the responding party hospital, constituting a sale of a business.

The primary issue was whether the seniority of incoming employees should be dovetailed or end-tailed into the existing bargaining unit's seniority list.

The Board found that an intermingling of employees had occurred despite the physical transfers not yet being complete.

The Board ordered that the seniority lists be dovetailed, recognizing the incoming employees' accrued seniority in full, as it provided the most equitable reconciliation of interests and facilitated the rationalization process.

The applicant union filed a complaint alleging the school board contravened the strike replacement provisions of the Labour Relations Act by planning to use regular teachers to perform the work of occasional teachers during a threatened strike.

The strike was averted when a collective agreement was reached.

The school board argued the complaint was moot and requested the Board decline to inquire into it.

The Ontario Labour Relations Board dismissed the application, exercising its discretion under section 91 of the Act to refuse to render an advisory opinion on a hypothetical scenario where the concrete dispute had disappeared.

The applicant trade union alleged that the responding party employer violated section 81.2 of the Labour Relations Act by discharging an employee without just cause prior to the settlement of a first collective agreement.

The employer argued the discharge was justified due to the employee's poor work performance and failure to improve after a 'last chance' warning.

The Board found that while the employee had been careless on several occasions, the 'last chance' warning was an inappropriate escalation of progressive discipline given his prior discipline-free record.

The Board concluded the discharge was without just cause, substituted a written warning, and ordered the employee reinstated with full compensation.

The applicant union sought interim relief under section 92.1(1) of the Labour Relations Act to reinstate a discharged union supporter and to cease the unilateral alteration of another employee's terms and conditions of employment during a statutory freeze.

The Board dismissed the request for interim reinstatement, finding that the balance of labour relations harm did not favour intervention given the stage of collective bargaining and the pending first contract arbitration.

However, the Board granted interim relief regarding the statutory freeze, directing the employer to restore the employee's terms and conditions of employment to those in effect when notice to bargain was given.