OLRB 2000

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995, seeking to displace the intervenor union as the bargaining agent for the responding party's employees.

The Board found that the application was timely and that the applicant had filed sufficient membership evidence to warrant a representation vote.

The Board declined the responding party's request to seal the ballot box under section 8.1 of the Act, citing prior Board jurisprudence.

A representation vote was ordered for the proposed voting constituency.

The applicant trade union filed an application for certification to represent employees of the responding party.

The Board found that the applicant is a trade union under the Labour Relations Act, 1995.

Based on the agreement of the parties regarding the appropriate bargaining unit and the membership evidence filed, the Board directed that a representation vote be taken.

In an application for certification in the construction industry, a dispute arose regarding the identity of the employer.

During the hearing, testimony from the responding party's witness contradicted its earlier written submissions regarding its relationship with the construction contractor.

Consequently, the applicant indicated its intention to file a related employer application under section 1(4) of the Labour Relations Act, 1995.

The Board adjourned the hearing and referred the matter to the Registrar to be listed together with the forthcoming section 1(4) application.

The applicant sought to withdraw its applications.

The Ontario Labour Relations Board granted leave to withdraw the applications.

The applicant union applied for certification as the bargaining agent for the employees of the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, the Ontario Labour Relations Board found the bargaining unit appropriate and directed that a certificate issue to the applicant.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the employer failed to pay overtime premiums for weekend and statutory holiday work.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the employer violated the collective agreement and ordered it to pay $28,252.46 in damages for unpaid overtime.

The Ontario Labour Relations Board issued a procedural direction requiring the responding party and intervenor to file a response by September 8, 2000.

The applicant trade union applied for certification to represent employees of the responding party.

The Board found that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members.

Despite a dispute over the bargaining unit description and the inclusion of students, the Board directed that a representation vote be taken, with disputed ballots to be segregated.

In an application for certification, the Ontario Labour Relations Board ordered, on the agreement of the parties, that the ballots cast in the representation vote be counted.

The vote officer was directed to segregate the ballots cast by bricklayers from those cast by labourers, resulting in two separate counts.

The Board noted that this order did not decide any outstanding legal issues in the application.

The parties requested an adjournment of the matter.

The Ontario Labour Relations Board consented to the request and adjourned the hearing to May 3, 2000.

The applicant union filed a displacement application for certification.

The Board found the applicant to be a trade union and that it had sufficient membership support to warrant a representation vote.

The intervenor union argued the application should be dismissed due to alleged breaches of a court order, the union constitution, and the Board's Rules of Procedure, and that it was untimely under section 7(4) of the Labour Relations Act, 1995.

The Board rejected the requests to dismiss the application outright, ordering a representation vote but directing that the ballot box be sealed until the timeliness issue is resolved.

One Board member dissented, stating a vote should not be ordered until the timeliness issues were resolved.

The applicant union applied for certification as the bargaining agent for a unit of employees of the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board ordered that a certificate will issue to the applicant.

The previously scheduled meeting and hearing dates were cancelled.

The employer appealed a decision of an employment standards officer.

On the scheduled hearing date, the responding employee did not appear, as the Board was advised she was in the hospital.

The Board adjourned the matter to a later date.

The applicant employee applied to decertify the responding party union.

A representation vote was held, and more than fifty percent of the ballots cast by employees in the bargaining unit were in opposition to the union.

The union had alleged a violation of section 63(16) of the Labour Relations Act, 1995, but all matters in dispute were resolved pursuant to a Memorandum of Settlement.

The Board declared that the union no longer represents the employees of Trillium Funeral Service Corp.

The applicant trade union applied for certification as the bargaining agent for carpenters and carpenters' apprentices employed by the responding party.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, the Ontario Labour Relations Board issued two certificates pursuant to section 160(1) of the Act.

One certificate covers the industrial, commercial and institutional sector in the Province of Ontario, and the other covers all other sectors in the Regional Municipality of Waterloo.

The applicant trade union applied for certification.

The responding party failed to file a response within the stipulated time.

The Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

The Board directed that a representation vote be taken of the eligible employees.

The applicant union referred a construction industry grievance to the Board under section 133 of the Labour Relations Act, 1995.

The grievance was related to another application seeking a single employer and sale of business declaration.

The Board adjourned the grievance referral sine die for up to one year, pending the resolution of the related application.

The applicant trade union filed an application for certification.

The responding party employer sought to dismiss the application, alleging it was not served with all components, but failed to specify the missing components or any prejudice.

The Board declined to dismiss the application.

As there was a dispute regarding the appropriate bargaining unit and the number of employees, the Board could not be certain that the applicant had the requisite 40 percent support in its proposed unit.

Consequently, the Board ordered a representation vote but directed that the ballot box be sealed pending resolution of the disputes.

The applicant union applied for certification to represent office and clerical employees of the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

The Ontario Labour Relations Board issued a brief decision extending the deadline for filing any response or intervention with respect to the application to January 8, 2001.