OLRB 2000

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 the predecessor union by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Board granted the declaration.

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

The Board directed a representation vote for the agreed-upon bargaining unit.

However, because the Board had not yet determined whether the applicant was a trade union within the meaning of the Labour Relations Act, 1995, the Board ordered the ballot box sealed pending a hearing on that issue in another file.

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

The Board found that the applicant is a trade union and an affiliated bargaining agent.

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

The applicant union sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave to withdraw the application.

The applicant's application was returned on April 17, 2000, and was not resubmitted.

The Ontario Labour Relations Board terminated the matter due to the applicant's failure to resubmit the application.

The applicant filed an application under section 63 of the Labour Relations Act, 1995 seeking a declaration that the responding party union no longer represents the employees in the bargaining unit.

The union filed a response stating it no longer wished to represent the employees.

Pursuant to section 63(17) of the Act, the Board declared that the union no longer represents the employees in the bargaining unit.

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

Prior to the hearing, the parties entered into a Memorandum of Agreement.

The Board declared that the responding party was bound by the collective agreement and had violated it.

The Board ordered the responding party to pay $2,000 in damages to the applicant.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The Board found the application timely and supported by at least 40 per cent of the employees in the bargaining unit.

The Board directed that a representation vote be held.

Due to a dispute over whether one individual was a member of the bargaining unit, the Board directed that the ballot box be sealed and any ballot cast by that individual be segregated.

The applicant sought to withdraw his application against the responding party union.

Based on correspondence from the applicant's counsel, the Ontario Labour Relations Board permitted the withdrawal and the matter was concluded.

The intervenor union requested reconsideration of a Board decision issuing certificates to the applicant union following displacement applications for certification.

The intervenor argued the Board violated natural justice by refusing to hold a hearing into alleged voting irregularities and the applicant's conduct.

The Board dismissed the request, finding that the representation vote results were overwhelmingly in favour of the applicant and the intervenor's allegations, even if true, would not have changed the outcome.

The Board affirmed its discretion under section 8(8) of the Labour Relations Act, 1995 to determine when a hearing is necessary.

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

The Ontario Labour Relations Board found that the applicant is a trade union and that at least 40% of the individuals in the proposed bargaining unit were members.

The Board directed a representation vote.

Although the employer filed a section 8.1 notice disagreeing with the union's estimate of the number of individuals in the bargaining unit, the Board declined to seal the ballot box, finding the 40% threshold was met regardless of which estimate was used.

One Board member dissented, arguing that section 8.1(4) requires the ballot box to be sealed when such notice is given.

The applicant employer sought a review of an Employment Standards Officer's decision ordering it to pay eight weeks' termination pay to the responding employee.

The employer's business was closing, and the employee, as office coordinator, was aware of the impending closure and assisted in winding down operations.

However, the employer never provided the employee with written notice of her termination.

The Ontario Labour Relations Board dismissed the application for review, holding that section 57(1)(h) of the Employment Standards Act strictly requires notice of termination to be in writing.

Because no written notice was provided, the employer was required to pay termination pay in lieu of notice.

The Ontario Labour Relations Board consented to adjourn the applications sine die for a period not exceeding one year, having regard to the agreement of the parties.

The applications will be deemed terminated if no request to proceed is made within that time.

The applicant submitted correspondence purporting to apply for a review under the Employment Standards Act.

The Board advised the applicant that the appeal must be filed on Form A-69 and provided a 20-day deadline to comply.

The applicant failed to submit the required form within the deadline, and the Board terminated the proceeding.

The applicant requested to withdraw its application.

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

The applicant union applied for certification to represent a unit of employees at Sport Maska Inc. 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 ordered that a certificate will issue to the applicant.

The applicant filed an application for decertification.

A representation vote was held, and not more than 50% of the ballots cast by employees in the bargaining unit were in opposition to the responding party union.

No statement of desire to make representations was filed.

Accordingly, the Ontario Labour Relations Board dismissed the application.

The applicant union requested the termination of the proceedings via correspondence.

The Ontario Labour Relations Board granted the request and terminated the proceedings.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party's bargaining rights.

The Board found the application timely and that not less than forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken of the employees in the bargaining unit.

The applicant brought an application before the Ontario Labour Relations Board.

On agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year.

If neither party requests to proceed within that time, the application will be deemed terminated.