OLRB 2001

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

The union requested the application be dismissed for failing to disclose a prima facie case.

The Board directed the applicant to file submissions in response.

The intervenor employer subsequently sought reconsideration of the Board's decision directing submissions, and requested an opportunity to review and respond to the applicant's submissions.

The Board rejected the employer's request for reconsideration, noting that in determining whether an application discloses a prima facie case, the Board generally confines its view to the applicant's pleadings.

The matter was directed to proceed to a consultation.

The applicant requested to withdraw her application against the responding party.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

The applicants requested to withdraw their application against the Canadian Union of Public Employees and its Local 4000.

The Ontario Labour Relations Board granted leave to withdraw the application.

The responding party requested an extension of time to file its response to the application.

The Ontario Labour Relations Board granted the request, extending the deadline to October 22, 2001.

The applicants and responding parties agreed to adjourn the application sine die.

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

The applicant sought a review of an Employment Standards Officer's refusal to issue an order to pay.

The application was filed well past the 45-day deadline.

The applicant explained that she had mistakenly sent her appeal letter to the Ministry of Labour branch office within the deadline, and the office failed to forward it to the Board as promised.

The Board found that the applicant had formed the intention to appeal within the time limit and that the Ministry's letter advising of the right to review was obscure regarding where to file.

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

The applicant union applied for certification.

Following a representation vote where not more than fifty per cent of the ballots were cast in favour of the applicant, the applicant initially raised polling irregularities but subsequently abandoned its request for a second vote.

The Ontario Labour Relations Board dismissed the application for certification and cancelled the previously set meeting and hearing dates.

The applicant sought a review of an Employment Standards Officer's order requiring him and two corporations to pay $1,477,025.12.

He also requested an extension of time to apply for review pending a judicial review application.

The Board held that under section 68(7) of the Employment Standards Act, it could not proceed with the review or consider the extension request until the applicant paid the ordered amount into trust or provided an acceptable irrevocable letter of credit.

The applicant was given 30 working days to comply, failing which the application would be dismissed.

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.

The Board abridged the time for filing responses and interventions, and directed the employer to provide the names and positions of all employees in the bargaining unit and to advise the Registrar of any proposals for a representation vote.

The applicant trade union filed a displacement application for certification to represent shift engineers and building facility operators employed by the responding party.

The employees were currently represented by the intervenor union.

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent of the proposed bargaining unit.

The Board ordered a representation vote to be held.

The intervenor's objection regarding the timeliness of the application was deferred to a future hearing, noting that the existing collective agreement appeared to expire shortly.

The applicant filed an employment standards appeal.

The Ministry of Labour advised the Board that the Director of Employment Standards had not received the required payment from Dr. Gerry Walman.

Consequently, pursuant to a prior Board decision, the appeal was terminated.

The applicant requested to withdraw its application via correspondence.

The Ontario Labour Relations Board granted leave to withdraw the application.

The applicant union and responding employer agreed to adjourn the application sine die for a period not exceeding one year.

The Ontario Labour Relations Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

The applicant, United Steelworkers of America, sought to withdraw its application against Weston Bakeries Limited.

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

The applicant trade 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 unions agreed that the application would be determined by a representation vote.

The Board directed the responding parties and interested employees to advise if they objected to abridging the time limit for filing responses and interventions to expedite the vote.

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 appeared to have the requisite membership support of not less than forty percent in the proposed bargaining unit.

Although the responding party disputed the estimated number of employees, it agreed with the bargaining unit description and that the ballots should be counted.

The Board directed that a representation vote be taken.

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

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

If no party requests to proceed within that time, the matter will be deemed terminated.

The employer sought an application for review of an Order to Pay but failed to use the proper form.

The Board provided the correct forms and granted a 10-day extension to file properly.

The employer failed to respond within the extended time limit, and the Board terminated the matter.

The applicant union sought certification for employees of the responding party in the construction industry.

Following a representation vote in favour of the union, the parties agreed to an 'all employee' bargaining unit description.

The Board rejected this agreement, noting its long-standing practice of avoiding unrestricted 'all employee' units in the construction industry to minimize jurisdictional disputes.

Finding that the responding party only employed journeymen electricians and apprentices on the application date, the Board restricted the bargaining unit to those specific classifications and ordered a certificate to issue.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party trade union no longer represents the employees in the bargaining unit.

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

The Board directed that a representation vote be taken.