3 total
Board consolidated three certification applications to resolve status disputes and issued procedural directions.
The Board held a pre-hearing conference regarding three applications for certification in the construction industry.
The Board directed that the applications be consolidated to deal with 104 status disputes.
The responding party was ordered to file its reply, including statements from individuals whose status is in dispute, by a specified date.
The Board also scheduled a further pre-hearing conference and set multiple hearing dates for the consolidated matters.
Board issued procedural directions on pleadings and document production in a related employer application.
The applicant union brought an application under sections 69 and 1(4) of the Labour Relations Act, 1995, and referred a grievance to arbitration under section 133.
At a pre-hearing consultation, the parties agreed to adjourn the grievance referral sine die pending the determination of the related employer/sale of business application.
The intervenor union withdrew from the application but reserved the right to intervene in the grievance proceeding.
The Board issued directions regarding the filing of amended pleadings and the production of documents, and referred the application to the Registrar to be listed for hearing before another panel.
Employer waived timeliness objection to grievance by engaging in settlement discussions without reserving rights.
The union referred a construction industry grievance to arbitration, alleging the employer improperly laid off three employees and failed to recall them following a job site accident.
The employer raised preliminary objections that the grievance was untimely and failed to disclose a prima facie case.
The Board found that while the grievance was filed late, the employer waived its right to object to timeliness by engaging in settlement discussions without reserving its rights.
The Board also held that the collective agreement contained no right of recall, dismissing that aspect of the grievance, but found a prima facie case existed regarding the union's claim that the layoff itself was arbitrary or in bad faith.
