OLRB 2001

The union filed an application for certification and an unfair labour practice complaint against the employer.

The parties reached a settlement agreement with the assistance of a Labour Relations Officer, agreeing to a second representation vote and the termination of the unfair labour practice complaint.

The Board issued a consent order incorporating the terms of the settlement, directing an additional representation vote under section 111(5) of the Labour Relations Act, 1995, and terminating the unfair labour practice complaint.

The applicant requested to withdraw the application via correspondence.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

The applicant employer sought a review of an Order to Pay under the Employment Standards Act.

The applicant failed to pay the ordered amount to the Director of Employment Standards in trust, as required by section 68(7) of the Act.

Consequently, the Ontario Labour Relations Board dismissed the application for review.

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 a Memorandum of Agreement.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had inadvertently violated it, and was liable for damages to be agreed upon or determined at a future hearing.

The applicant union requested to withdraw its applications for certification and an unfair labour practice.

The Ontario Labour Relations Board granted leave to withdraw the applications, directed attention to section 10(3) of the Act regarding subsequent applications, and ordered the destruction of ballots cast in the representation vote.

The parties agreed to adjourn the applications sine die for a period not exceeding one year.

The Ontario Labour Relations Board consented to the adjournment, noting that the matters would be deemed terminated if no request to proceed was made within that time.

The applicant union applied for certification.

A representation vote was held, and not more than fifty per cent 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 and directed the destruction of the ballots.

The Ontario Labour Relations Board issued a procedural direction regarding document production.

The responding party was directed to advise the Board by August 3, 2001, why it had failed to produce documents as previously ordered in a July 10, 2001 decision.

The applicant, representing employees, requested disclosure of records of employment from the responding party company.

The adjudicator reviewed the submissions and ordered the responding party to produce the records of employment for the claimants by June 29, 2001.

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

The parties reached Minutes of Settlement requiring the responding party to pay $25,000 to the Resilient Floor Workers' Trust Fund and to provide notice of future work.

The Board incorporated the settlement into its decision and adjourned the matter sine die for up to one year.

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.

The applicant union sought to withdraw its application for certification.

The Ontario Labour Relations Board granted leave to withdraw the application and ordered that the membership evidence be transferred to a related application for certification in Board File No. 1709-01-R.

The applicant filed a duty of fair representation complaint against the union.

Counsel for the employer advised the Board that it did not receive a complete copy of the application.

The Board directed the applicant to serve a complete copy of the application on the union and the employer by April 27, 2001, failing which the application would be deemed terminated.

The applicant union applied for certification to represent academic staff at the University of Sudbury.

The Board found the applicant to be a trade union and directed a representation vote.

The applicant requested a mail-in ballot for nine employees who lived outside Sudbury or were on sabbatical.

The Board denied the request, finding that the circumstances did not meet the limited criteria for a mail-in ballot, as employees choosing to live away from the workplace must accept the consequences of that choice.

The Ministry of Labour requested that the union's appeal regarding ergonomic concerns be summarily dismissed as moot because the employer is bankrupt.

The Ontario Labour Relations Board directed the other parties to file submissions in response to the Ministry's request.

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

The Ontario Labour Relations Board found the applicant to be a trade union and determined the appropriate bargaining unit based on the parties' agreement.

Finding that at least forty percent of the individuals in the proposed unit were union members, the Board directed that a representation vote be held.

The applicant trade union filed an application for certification.

The Board found the applicant to be a trade union within the meaning of the Labour Relations Act, 1995.

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 Act, but failed to provide a list of employees.

The Board found the proposed bargaining unit could be appropriate and directed that a representation vote be taken.

The responding party requested an adjournment of the application.

The Ontario Labour Relations 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 matter will be deemed terminated.

The applicant sought to withdraw the application.

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

The applicant filed a duty of fair representation complaint against the union under section 74 of the Labour Relations Act, 1995.

The union and the intervenor employer asserted that the complaint should be dismissed for failing to disclose a prima facie case, noting that the applicant's concerns were the subject of an ongoing grievance.

The Board directed the applicant to file submissions responding to these assertions before determining whether to dismiss the application without a hearing.