OLRB 2000

The Board issued a decision following run-off representation votes for full-time and part-time bargaining units at The Rehabilitation Institute of Toronto.

The Canadian Union of Public Employees, Local 1156 received the majority of votes in both units.

Consequently, the Board terminated the bargaining rights of the Service Employees International Union, Local 204 and appointed CUPE Local 1156 as the bargaining agent for both the full-time and part-time bargaining units.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

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

Based on the information and membership evidence filed, the Board was satisfied that not less than forty per cent of the individuals in the proposed bargaining unit appeared to be members of the applicant.

The Board determined the appropriate bargaining unit and directed that a representation vote be taken.

The responding parties requested a one-month extension of time to comply with a Board order requiring the production of documents.

The applicant opposed the extension, citing the responding parties' failure to post notices or file a response.

The Board granted the extension, noting that the production order was broad and covered documents dating back more than 10 years.

The Board found that the extension would not delay the hearing scheduled for late May, as the applicant would still have almost three months to review the documents.

The applicant union applied for certification to represent part-time employees and students at the responding party's long term care facility.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

The applicant union applied for certification to represent employees of Hallcon Cleaning Ltd. at the Ontario Police College.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board certified the union as the bargaining agent for the agreed-upon bargaining unit.

The applicant purported to apply for a review under the Employment Standards Act.

The Board advised the applicant that the appeal could not be processed because it was not filed on the required Form A-69, and gave the applicant 10 days to comply.

The applicant failed to file the properly completed form within the time limit.

Consequently, the Board terminated the proceeding.

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

Following a representation vote in which more than fifty percent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board certified the union and issued a certificate.

The applicant trade union filed an application for certification.

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995, asserting that the individuals were contract drivers and not employees.

The Ontario Labour Relations Board ordered a representation vote but directed that the ballot box be sealed and the ballots segregated until the status disputes were resolved.

A dissenting Board member would have declined to order a vote until the section 8.1 issues were dealt with at a hearing.

The applicant trade union filed an application for certification.

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

Based on the membership evidence filed, the Board determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken of the individuals in the voting constituency.

The applicant, Christian Labour Association of Canada, sought to withdraw its application against the responding party, Elta Gas Services Ltd. The Ontario Labour Relations Board granted leave to withdraw the application.

The applicant sought to suspend a Health and Safety Inspector's refusal to issue an order under the Occupational Health and Safety Act pending her appeal.

The Board dismissed the application for suspension, noting that suspending a refusal to issue an order would merely restore the status quo prior to the inspection, which is the very situation the applicant complained of.

The applicant's concerns regarding the adequacy of the investigation and the need for an order will be addressed at the hearing of the appeal.

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

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board issued a certificate to the applicant.

The previously scheduled hearing dates were cancelled.

The applicant filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The Board found that the applicant had not previously established its status as a trade union and would be required to do so.

However, based on the membership evidence filed, the Board was satisfied that at least forty percent of the individuals in the proposed bargaining unit appeared to be members of the applicant.

The Board defined the appropriate bargaining unit and directed that a representation vote be taken.

The applicant sought a review of an Order to Pay under section 68 of the Employment Standards Act.

The Board found that the applicant had unilaterally withheld $1,283.40 and failed to pay the entire amount into trust as required by subsection 68(7).

The Board extended the time for filing the application to allow the applicant to pay the remaining amount into trust, failing which the application would be deemed terminated.

The applicant applied under the Public Sector Labour Relations Transition Act, 1997.

Following an officer's report indicating unresolved issues, the Ontario Labour Relations Board directed the parties to file briefs and documents outlining the issues in dispute and the facts relied upon.

The Board scheduled a consultation to hear representations and potentially render a final decision on the unresolved matters.

The parties agreed to adjourn the application until the Board issues a decision in a related file.

The Board adjourned the application sine die, noting that the parties may request the Registrar to re-list it for hearing after the related decision is issued.

The applicant requested to withdraw the matter.

The Ontario Labour Relations Board granted the request, and the matter was withdrawn with leave of the Board.

The applicant union and responding employer entered into minutes of settlement regarding an application for certification.

The parties requested that the initial representation vote be declared null and void and that a new vote be ordered.

The Ontario Labour Relations Board granted the request, voided the initial vote, ordered a new representation vote, and established the voting constituency and voters' list as agreed by the parties.

The Ontario Labour Relations Board issued a decision to correct a typographical error in an earlier decision dated the same day.

The hearing date was corrected from June 20, 2000, to November 20, 2000.

The applicant union filed an application against the responding party employer.

On consent of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.