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Board lacks jurisdiction to grant substantive interim relief following Bill 31 amendments to the Labour Relations Act.
The union applied for substantive interim relief to prevent the responding limousine companies from transferring a service agreement to a third party, pending the resolution of an unfair labour practice complaint.
The Board held that following the Bill 31 amendments to the Labour Relations Act, it no longer has the jurisdiction to grant substantive interim relief under either its home statute or the Statutory Powers Procedure Act.
The Board's interim relief powers are now strictly limited to procedural matters.
The application for interim relief was dismissed.
Bad faith bargaining complaint dismissed as incomplete employer proposals were not capable of forming a collective agreement upon ratification.
The union filed an unfair labour practice complaint alleging that the employer parties bargained in bad faith by failing to recognize a collective agreement that the union claimed was ratified by its members.
The negotiations involved three parties: the union, the taxi brokerage, and an associates committee.
The union had put two separate, incomplete, and somewhat inconsistent employer proposals to a ratification vote.
The Board dismissed the complaint, finding that the proposals were not complete or intended as final offers capable of forming a collective agreement upon ratification, and that the employers had not violated the Act.
The TQAA applies to non-ICI construction certification applications; uncertified plumbers cannot be classified as construction labourers.
The Labourers' International Union of North America, Local 183 applied for certification of a bargaining unit of plumbers, plumbers' apprentices, and construction labourers employed by Rolan Plumbing in the non-ICI construction sector.
The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, Local 46 intervened, arguing that individuals performing plumbing work without proper certification under the Trades Qualification and Apprenticeship Act (TQAA) could not be included in the bargaining unit as construction labourers.
The Ontario Labour Relations Board held that the TQAA applies to non-ICI certification applications and that individuals performing plumbing work in contravention of the TQAA cannot be characterized as construction labourers.
Consequently, such individuals are excluded from the list of employees for the purpose of the certification application.
Interim relief granted ordering taxi broker and associates to disclose lease agreements for collective bargaining.
The union applied for interim relief under section 98 of the Labour Relations Act, 1995, seeking an order that the responding parties produce financial and lease information necessary for collective bargaining.
The responding parties objected to producing lease agreements, citing confidentiality and competitive sensitivity.
The Board found an arguable case on the merits and that the balance of harm favoured granting the order.
The Board directed the responding parties to produce the requested information, subject to confidentiality restrictions, to facilitate bargaining for a second collective agreement.