OLRB 2001

The applicant requested an adjournment sine die pending the disposition of another Board file.

The Board granted the adjournment and ordered that the matter would be deemed terminated 60 days after the final disposition of the other file unless a party requests it be listed for hearing.

The applicant, Ontario Public Service Employees Union, requested to withdraw its application against Windsor Regional Hospital and Service Employees Union, Local 210.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

The applicant employer filed an application under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Board ordered the funds held in trust by the Director to be disbursed according to the settlement, with $10,000 paid to the employee, $11,648.90 returned to the employer, and $1,030.90 retained by the Consolidated Revenue Fund.

The matter was terminated.

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

Prior to the hearing, the parties entered into Minutes of Settlement.

The Board issued a consent order declaring that the responding party was bound by the collective agreement and had violated it by failing to make timely remittances to various funds.

The Board ordered the responding party to pay $12,276.20 in remittances, $737.83 in liquidated damages, and $214.00 for filing fees.

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

Following a representation vote where more than fifty per cent 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 Ontario Labour Relations Board issued a procedural direction setting a deadline of July 27, 2001, for the applicant to file its reply to the responding party's claims.

The applicant trade union filed an application for certification.

The responding party employer 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 in its proposed bargaining unit to direct a representation vote.

The Board directed that a representation vote be taken and that any ballots cast by individuals whose inclusion in the bargaining unit was in dispute be segregated.

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

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the applicant trade union, the Ontario Labour Relations Board issued certificates to the applicant.

The certificates cover journeymen and apprentice electricians in the employ of the responding party in the industrial, commercial and institutional sector across Ontario, and in all other sectors in specified geographic areas.

The applicants filed an application against the responding unions, with the City of Toronto intervening.

Pursuant to the agreement of the parties, the Ontario Labour Relations Board ordered the application withdrawn.

In an application for certification, the responding employer failed to file its response within the required two-day period.

The employer subsequently filed a late response challenging the voter eligibility of two individuals.

The Ontario Labour Relations Board declined to relieve against the strict time limits for filing a response, finding that the union would suffer irremediable prejudice given the mandatory one-year bar on subsequent applications under section 10(3) of the Labour Relations Act if the vote failed.

The Board directed that the ballots of the two disputed individuals not be counted.

The applicant union filed an application for certification.

Following a representation vote where not more than fifty per cent 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 dismissed the application.

The Board noted the potential application of section 10(3) of the Act to any subsequent certification applications filed within one year.

The applicant trade union applied for certification.

Following a representation vote where more than 50 per cent 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 issued certificates to the union.

The certificates cover plumbers, steamfitters, and their apprentices employed by the responding party in the industrial, commercial, and institutional sector province-wide, and in all other sectors in the City of Ottawa and the United Counties of Prescott and Russell.

The applicant union and responding employers agreed to adjourn three applications sine die.

The Ontario Labour Relations Board granted the consent adjournment for a period not exceeding one year, after which the matters will be deemed terminated if no party requests to proceed.

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

The workplace parties entered into Minutes of Settlement.

The Board issued an order directing the disbursement of the funds held in trust by the Director, with $1,000 to be paid to the employee, $1,080 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

The applicant union referred a grievance to arbitration.

Counsel to the trustee in bankruptcy for the responding party advised the Board that the responding party had made an assignment in bankruptcy, asserting that the hearing could not proceed pursuant to the stay of proceedings under the Bankruptcy and Insolvency Act.

The Board directed the applicant to make submissions on this issue.

The applicant referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding party violated the collective agreement by subcontracting work to a non-union company.

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 responding party bound by the collective agreement, declared it in violation for subcontracting the work, and ordered it to pay damages and costs.

The applicant, the sole employee in the bargaining unit, applied under section 63 of the Labour Relations Act, 1995 to terminate the responding party union's bargaining rights.

The union advised the Board in writing that it did not contest the application.

Pursuant to section 63(17) of the Act, the Board declared that the union no longer represents the employees of Chem-Tan Hotels Limited.

The applicant applied 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 that not less than forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

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

The applicant employees sought to decertify the responding party union.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no statements of desire filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer.

The applicant union sought to withdraw its application following an agreement between the parties.

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