OLRB 1990

The complainant sought to enforce two summonses served on witnesses.

The Board found that neither summons was enforceable.

One summons was served outside the Board's jurisdiction in Michigan and was accompanied by a money order rather than cash.

The other summons was also accompanied by a money order, which does not constitute proper conduct money under the rules.

The Board ruled that conduct money must be paid in cash, not by cheque or money order, and that service must occur within the Board's jurisdiction.

The complainant, a strander operator, was instructed to fill holes in the plant parking lot with gravel.

He refused to put more gravel in his wheelbarrow, citing concerns that he might hurt himself due to the terrain and the wheelbarrow's condition.

The employer's general foreman sent the complainant home for the afternoon without conducting an investigation as required by the Occupational Health and Safety Act.

The Board found that the complainant's work refusal was based on honestly held safety concerns and that the employer unlawfully disciplined him by imposing a half-day suspension.

The employer was ordered to compensate the complainant for lost wages and benefits.

The complainant alleged that the respondent union violated section 69 of the Labour Relations Act by failing to refer him to a job as a mason tender.

The union's hiring hall system referred members based on their position on the out-of-work list and their listed skills.

The complainant was not listed as a mason tender and had not requested to be listed as such.

The Board found that the union's referral system was not arbitrary, discriminatory, or in bad faith, and dismissed the complaint.

The applicant union applied for certification and requested a pre-hearing representation vote.

The Board found that not less than 35% of the employees in the voting constituency were members of the applicant.

The intervener union challenged the collection of membership evidence, alleging irregularities in the mail-in process and the Form 9 declaration.

The Board directed that a pre-hearing representation vote be taken but ordered the ballot box sealed pending further submissions or a hearing regarding the intervener's allegations.