OLRB 2001

Following the amalgamation of Moore Township and Sombra Township into St. Clair Township, OPSEU applied for certification to represent employees of Moore Township.

St. Clair Township subsequently filed an application under the Public Sector Labour Relations Transition Act (PSLRTA).

The issue was whether OPSEU could participate in the PSLRTA process given that its certification application was filed just prior to the amalgamation changeover date.

The Board held that OPSEU had demonstrated a sufficient interest in the proceedings by virtue of its certification application and successful representation vote, and exercised its discretion to grant OPSEU intervenor status in the PSLRTA application.

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

The union argued the application was untimely and that the applicant was not a member of the bargaining unit.

The Board found the application timely as it was filed exactly one year after certification.

Finding that at least forty percent of employees expressed a wish not to be represented by the union, the Board directed a representation vote, with the ballot box to be sealed pending resolution of the status disputes.

The applicant sought to withdraw the application.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

The applicant union requested an order confirming that its application under sections 69 and 1(4) of the Labour Relations Act, 1995 was properly delivered to one of the responding parties, which was bankrupt.

The other responding parties objected to the adequacy of service.

The Board declined to issue the requested order at this preliminary stage, noting that the receiver, trustee, and a former principal were aware of the proceeding.

The Board remitted the determination of the adequacy of service and the standing of the other parties to raise the objection to the panel assigned to hear the merits of the application.

The applicant union referred a grievance to the Ontario Labour Relations Board.

On the agreement of the parties, the Board adjourned the matter and referred it to the Registrar to be rescheduled for four days of hearing.

The applicant union filed a certification application.

The Board previously ordered a representation vote but the accompanying Notice of Vote contained an error regarding the final date for post-vote submissions.

The Board issued this decision to amend the Notice of Vote, correcting the final date for post-vote submissions to December 28, 2001, and directed that the decision be posted alongside the previous decision.

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

On the request of the applicant and with the agreement of the parties, the Board adjourned the application sine die.

The Board noted that the application would be deemed terminated without further notice if neither party requested to proceed within one year.

The applicant union applied for certification.

Following a representation vote, not more than fifty percent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party employer.

As the union failed to obtain majority support, the Ontario Labour Relations Board dismissed the application for certification and cancelled previously set meeting and hearing dates.

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

The Board found that the applicant established sufficient membership support in its proposed bargaining unit to warrant a representation vote.

The Board directed that a representation vote be taken, with outstanding disputes regarding the geographical scope and inclusion of certain managerial positions to be dealt with at a hearing after the vote, if necessary.

The applicant brought an application under the Public Sector Labour Relations Transition Act, 1997.

The dispute between the Ottawa Public Library Board and CUPE, Local 503 concerning the bargaining unit description was resolved.

The Ontario Labour Relations Board declared Local 503 to be the bargaining agent for the agreed-upon bargaining unit of employees of the Ottawa Public Library Board, subject to specific managerial exclusions.

The scheduled hearing was cancelled.

The applicant requested an amendment to the style of cause to delete Electrical Power Systems Construction Association as a responding party and add it as an affected employers' organization.

The applicant also requested to delete Local 666 and add Local 67 of the United Association of Journeymen and Apprentices in the Plumbing and Pipe Fitting Industry.

The Board granted the amendments and adjourned the hearing scheduled for November 15, 2001, to a date to be set in consultation with the parties.

The applicant union applied for certification in the construction industry.

The Board previously directed a representation vote and required the applicant to satisfy the Board that it was entitled to apply for certification in the ICI sector.

After reviewing the applicant's submissions, the Board was satisfied of this entitlement.

As more than 50% of the ballots cast in the representation vote were in favour of the applicant, the Board ordered the issuance of two certificates pursuant to section 160(1) of the Labour Relations Act, 1995: one for the ICI sector province-wide, and another for all other sectors in the specified geographic areas.

The responding party, Wildfire Grille, requested an adjournment of the scheduled hearing on the basis that its counsel was unavailable.

The Ministry of Labour consented, but the applicant's consent was not obtained.

The Ontario Labour Relations Board denied the request, noting that it does not adjourn scheduled hearings to accommodate counsel and that the straightforward matter could easily be assumed by another lawyer.

The applicant union filed an application for certification.

A representation vote was held, but the union failed to obtain more than fifty percent of the ballots cast by employees in the bargaining unit.

As no statement of desire to make representations was filed, the Ontario Labour Relations Board dismissed the application and noted the potential one-year bar on subsequent applications under section 10(3) of the Labour Relations Act.

The applicant filed an application for review of an order to pay under the Employment Standards Act but failed to pay the required monies into trust.

The applicant requested an extension of time to pay the funds.

The Ontario Labour Relations Board held that under section 68 of the Act, an application for review is not properly made unless the monies are paid into trust.

The Board's discretion to extend the time for applying for a review does not include the power to extend the time for paying monies into trust.

The Board declined to deal with the request for an extension.

The applicant union applied for certification.

A representation vote was held, but not more than 50% of the ballots cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and noted the potential application of the one-year bar under section 10(3) of the Act for any subsequent applications.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights of a predecessor trade union.

The employer objected to the application and argued the Board lacked jurisdiction to order a representation vote.

The Board ordered that the representation vote proceed as contemplated by the agreement between the unions, with the employer's objections to be dealt with at a subsequent hearing.

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

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.

The majority of the Board found that the applicant established sufficient membership support to order a representation vote and directed that the vote be held.

The majority declined to seal the ballot box.

The dissenting Board member would have directed the ballot box to be sealed pursuant to section 8.1(4) of the Act.

In an application for certification, the Regional Certification meeting was cancelled at the request of one of the parties.

The Ontario Labour Relations Board directed the parties to file submissions as described in Information Bulletin No. 9 and referred the matter to the Registrar to schedule hearing dates.

The applicant union applied for certification.

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 certified the applicant as the bargaining agent for the agreed-upon bargaining unit of employees at the responding party's day nursery.