OLRB 2000

The applicant union sought to confirm service of its application on the responding party, Sir Forming Limited.

The Ontario Labour Relations Board found that Sir Forming Limited had received actual notice of the application through delivery to its principal, despite his refusal to accept subsequent documents.

The Board also granted the applicant's request to withdraw the application against Italarm Construction Ltd. without prejudice, as service could not be effected.

The Board issued directions regarding outstanding production issues, particulars, and the scheduling of future hearing dates.

The applicant union requested the production of documents from the responding parties pursuant to sections 1(5) and 69(13) of the Labour Relations Act, 1995.

The Board had initially declined to order production from one of the responding parties because it was not satisfied that the party had been properly served.

After a subsequent hearing determined that the responding party had received notice, the union renewed its request.

The Board ordered the responding party to produce the requested documents.

The applicant union sought an order for the production of documents from the responding parties in an application under section 69 and subsection 1(4) of the Labour Relations Act.

The Board ordered Crisan Forming Inc. to produce the requested documents.

However, the Board declined to make production orders against Sir Forming Limited and Italarm Construction Ltd. because it was unclear whether they had been properly served with notice of the request, as mail sent to their provided addresses had been returned.

The applicant union wrote to the Board complaining that the responding parties failed to provide the level of document production previously ordered.

The Board noted that counsel for one of the responding parties indicated they possessed no documentation and had no control over the other companies.

The Board declined to make further orders at this time, directing the applicant to raise any remaining concerns regarding production at the hearing.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, alleging that the responding party violated the collective agreement by employing non-union workers at a project.

The responding party and its counsel refused to participate in the hearing after the Board declined to reconsider a previous decision.

Proceeding in their absence under Rule 45, the Board heard evidence from the union's business manager and found that the responding party was bound by the collective agreement and had violated it.

The Board ordered the responding party to pay $19,180.87 in damages.

The applicant union requested that its application for certification in the construction industry be adjourned sine die for a period of not more than one year, pursuant to an agreement between the parties.

The Ontario Labour Relations Board granted the request and adjourned the matter sine die, noting that it would be deemed terminated if no party requested to proceed within that time.

Pursuant to a Memorandum of Agreement, the parties referred the issue of whether the Canadian Union of Retail and Transportation Workers (CURTW) is a trade union under subsection 1(1) of the Labour Relations Act, 1995 to the Board.

The Board reviewed CURTW's constitution and the minutes of its founding meeting.

Applying the established steps for achieving trade union status, the Board found that CURTW had taken the necessary actions and declared it to be a trade union pursuant to the Act.

The parties agreed to adjourn the applications sine die.

The Board consented to the adjournment for a period not exceeding one year, after which the matters will be deemed terminated if no request to proceed is made.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer failed to make timely remittances to the benefit plan.

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

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

The Board found the employer bound by the collective agreement, declared a violation for late remittances, and ordered payment of $3,310.69 in damages plus $214.00 in statutory costs.

The parties advised the Board that they had reached an agreement, but disagreed as to its contents and did not file a copy.

As no hearing was scheduled and neither party requested action, the Board ordered the application kept pending for 60 days, after which it would be deemed terminated as settled if no further submissions were received.

The applicant sought an extension of time to file an application for review of an employment standards officer's decision under section 68 of the Employment Standards Act.

The applicant provided medical evidence confirming he had suffered a heart attack.

The Board exercised its discretion under section 68(4) of the Act to extend the deadline for filing the application.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, concerning the employer's failure to pay union dues, welfare benefits, and pension remittances.

Prior to the scheduled hearing, the parties reached a settlement wherein the employer admitted to the delinquency and agreed to damages totalling $54,163.07.

The Ontario Labour Relations Board issued consent orders and declarations in accordance with the parties' minutes of settlement.

The applicant filed an application alleging a violation of section 74 of the Labour Relations Act, 1995.

The responding union advised the Board that it did not receive the complete application with attachments.

The Board directed that it will not process the application further until the applicant serves all materials on the responding party and the employer, setting a deadline of May 12, 2000, failing which the application will be terminated.

The applicant filed an application alleging a violation of section 74 of the Labour Relations Act, 1995.

The responding party union advised the Board that it did not receive the complete application with attachments.

The Board ordered that the application would not be processed further until the applicant served all materials on the responding party and the employer, failing which the application would be terminated.

The Minister referred questions to the Ontario Labour Relations Board under section 115 of the Labour Relations Act, 1995, regarding the authorized bargaining agent for two construction bargaining units.

The reference arose from a request for a 'no board' report.

At the hearing, the parties entered into Minutes of Settlement and withdrew the request for the 'no board' report.

The Board found that the questions referred by the Minister were moot and declined to hold further hearings unless requested by the Minister.

The applicant, a probationary employee who was terminated after a workplace accident, filed a duty of fair representation complaint against the union.

He alleged the union failed to properly represent him in his grievance, WSIB claim, and health and safety complaint.

The Board dismissed the application without a hearing, finding no prima facie case of arbitrary, discriminatory, or bad faith conduct.

The union had filed a grievance, represented the applicant at multiple stages, and reasonably decided not to proceed to arbitration given his probationary status and the employer's prior dissatisfaction with his performance.

The Board also noted the union had no duty to represent him in WSIB or Ministry of Labour matters.

The applicant and the employer executed Minutes of Settlement on the day scheduled for the hearing of an Employment Standards Act review.

The Ministry of Labour was not a party to the settlement.

The Board ordered that the review would be deemed terminated pursuant to section 69.1 of the Act, absent any objection from the Ministry within two weeks.

The applicants filed an application alleging the union breached its duty of fair representation by failing to file grievances on their behalf over a three-year period.

The union requested the application be dismissed due to extreme delay, as it was filed four years after the first allegation and more than a year after the last.

The Board found the applicants' explanation for the delay—that they were pursuing other avenues—unsatisfactory.

Concluding that the passage of time significantly prejudiced the union and the employer, the Board exercised its discretion to dismiss the application without further inquiry.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor, Retail Wholesale Canada, Canadian Service Sector Division of the United Steelworkers of America, Local 461, following a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Ontario Labour Relations Board granted the application and issued the requested declaration.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor union by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Board granted the declaration.