OLRB 2001

The responding parties sought an extension of time to file a response.

The Ontario Labour Relations Board granted the extension until August 30, 2001.

The applicant filed an application for review of an order to pay under the Employment Standards Act.

The Ontario Labour Relations Board terminated the application because the applicant failed to pay the amount of the order to the Director in trust within 45 days, as strictly required by section 68(7) of the Act.

The applicant union filed an application for certification.

A representation vote was held, and not more than fifty percent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

As a result, the Ontario Labour Relations Board dismissed the application for certification.

The Board directed the parties' attention to section 10(3) of the Act regarding the effect of the dismissal on any subsequent applications filed within one year.

The applicant union sought to withdraw its application against the responding parties.

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

The applicant union applied for certification to represent employees of Vincor International Inc. The Board directed the applicant to file documents demonstrating its status as a trade union.

Despite a dispute over the bargaining unit description and the inclusion of temporary/seasonal employees, the Board found the applicant established sufficient membership support and ordered a representation vote.

Disputed ballots are to be segregated.

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 unions agreed that the application would be determined by a representation vote among the affected employees.

To facilitate a prompt vote, the Board provisionally abridged the time limit for filing responses and interventions, directing any parties objecting to the abridgement to notify the Board by a specified date.

The applicant union, whose members were on strike, requested an expedited hearing for its unfair labour practice application under section 96 of the Labour Relations Act, 1995.

The Ontario Labour Relations Board granted the request, scheduling the hearing for August 10, 2001, and directing the responding party to file its response within five business days.

The Board ordered that an application under section 96 of the Labour Relations Act be heard together with a related matter scheduled for July 6, 2001.

The Board also abridged the time for the responding party to file its response, directing it to be filed by July 4, 2001.

The applicant union applied for certification.

Following a representation vote directed by the Board, not more than 50 per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

As no statement of desire to make representations was filed, the Board dismissed the application and directed the destruction of the ballots after 30 days.

The applicants sought to withdraw their applications before the Ontario Labour Relations Board.

The Board granted leave and the applications were withdrawn.

The applicant, Service Employees International Union, sought to withdraw its application against the responding party, Service Employees International Union, Local 777.

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

The applicant filed an application under section 144 of the Labour Relations Act, 1995, alleging that employees of various contractors were engaging in an unlawful strike called by the responding unions.

The applicant sought a declaration that the strike activity was unlawful and a direction prohibiting the conduct.

The Board noted the comprehensive statutory code prohibiting unlawful strikes and the importance of expedition in such matters.

The Board scheduled an expedited hearing and directed the responding parties to file their responses.

The applicant employer sought a review of an Order to Pay issued by an Employment Standards Officer for vacation and termination pay owed to a former employee.

The Ministry of Labour argued the application was untimely, having been filed more than 45 days after the Order was issued.

The Board found that the Order was delivered to the applicant's address and signed for, and that the applicant also received a follow-up letter but failed to act promptly.

The Board declined to extend the time for filing, noting the significant delay and lack of extenuating circumstances.

The application was dismissed as untimely and the Order to Pay was affirmed.

The applicant applied to terminate the bargaining rights of 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 to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the Town of Midland.

The applicant applied to the Ontario Labour Relations Board for a declaration terminating the responding party's bargaining rights.

The Board found that the collective agreement was either for a two-year or three-year term expiring on December 31, 2002.

Under section 63(2)(a) of the Labour Relations Act, 1995, an application can only be made during the last three months of the agreement's operation.

As the application was filed on May 29, 2001, it was untimely and dismissed.

The applicant trade union filed an application under section 96 of the Labour Relations Act, 1995, alleging that the responding party employer violated section 96(7) by failing to comply with Minutes of Settlement.

The applicant requested that the Board decide the matter based on the materials filed, as the responding party failed to file a response.

The Board noted that the application did not assert that the settlement arose out of a 'proceeding under this Act', which is a necessary precondition for jurisdiction under section 96(7).

The Board directed the applicant to file submissions indicating the basis for the Board's jurisdiction.

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

The Board found that at least forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

The responding party requested that the application be dismissed without a vote under section 63(16).

The majority of the Board declined to dismiss the application without a vote or to seal the ballot box, directing that a representation vote be taken and that the responding party's issues be dealt with at a post-vote hearing.

One Board member dissented, stating they would have sealed the ballot box until the section 63(16) charges were addressed.

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

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

The applicant union filed a grievance referral against the responding party.

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

The responding union requested that the Board dismiss an unfair labour practice application without a hearing for failing to make out a prima facie case.

The Board reviewed the allegations and was not persuaded that the application should be dismissed.

The applications were referred to the Registrar to be scheduled for a hearing.