OLRB 2001

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

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

The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party objected, arguing the application was an abuse of process because it was filed six days after a previous application was withdrawn, and requested a hearing.

The Board found that the applicant had the requisite 40% membership support in the proposed bargaining unit and ordered a representation vote to be held, noting that any remaining disputes could be addressed through representations filed after the vote.

The applicant filed an application under section 100 of the Labour Relations Act, 1995.

The Ontario Labour Relations Board determined that the application pertained to the same circumstances as two other applications and ordered that they be heard together.

The Board scheduled the hearing and set a deadline for the responding party's response.

The applicant filed an application alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act by failing to investigate the employer's record of gratuities and refusing to view her personal file.

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

The Board found the application disclosed a prima facie case as there was a factual dispute about whether the union responded to the requests.

The matter was referred to a Labour Relations Officer to attempt settlement prior to consultation.

The applicant brought an application under section 96 of the Labour Relations Act, 1995, alleging a breach of the union's duty of fair representation under section 74.

After reviewing the pleadings and the applicant's statement detailing disagreements with the union's response, the Board declined to dismiss the application on a prima facie basis.

The Board concluded that, assuming the applicant's facts to be true, it was not persuaded that the application failed to establish a breach.

The matter was directed to a labour relations officer to process in the normal manner.

The applicant requested to withdraw the application.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

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

Having regard to the agreement of the parties, the Board adjourned the application sine die for a period not exceeding one year.

The applicant filed a displacement application for certification.

The intervenor, the current bargaining agent, objected on grounds that the applicant was not a trade union, membership evidence was improperly obtained, and the bargaining unit size was underestimated.

The Board found it unnecessary to decide the trade union status prior to holding a representation vote.

Finding that the applicant appeared to have the requisite 40% support, the Board ordered a representation vote to be held on June 22, 2001.

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

The Board found that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members.

The Board directed a representation vote.

The Board also found that the responding party's notice under section 8.1 of the Labour Relations Act, 1995 was of no effect because there was no disagreement over the number of individuals in the proposed bargaining unit.

The applicant union brought applications against the responding employer and intervenor union.

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

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

The applicant union filed an application under the Public Sector Labour Relations Transition Act, 1997 following the amalgamation of two hospitals into the North Wellington Health Care Corporation.

The parties entered into Minutes of Settlement agreeing on the application of the Act, the predecessor employers, and the appropriate bargaining unit descriptions.

The Board issued declarations in accordance with the settlement and ordered representation votes for the agreed-upon bargaining units.

The parties reached a settlement regarding compensation issues arising from a prior Board decision finding violations of the Labour Relations Act, 1995.

The applicant union requested a consent order reflecting the settlement terms.

The Board issued the consent order, directing the responding party to reimburse affected drivers for plate rental fees paid in excess of $100 per month during a specified 15-month period, and setting out a payment schedule and notice requirements.

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

The Board issued a decision to correct an administrative error in the notice of hearing, which had inadvertently set a hearing date beyond the statutory 14-day requirement.

The Board cancelled the original May 4, 2001 date and rescheduled the hearing to April 26, 2001.

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 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, noting that the union's objections regarding the applicant's status and alleged employer involvement could be raised before the panel scheduled to hear the application.

The applicant sought to withdraw the application.

Having regard to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application.

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 Board abridged the time limits for filing responses and interventions over the employer's objection, finding that a representation vote should be held as expeditiously as possible.

The employer was directed to provide a list of employees in the bargaining unit and post the decision.

The applicant union filed an application for certification.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, the Ontario Labour Relations Board certified the union as the bargaining agent for the agreed-upon bargaining unit of employees at the responding party's Mississauga location.

A certificate was ordered to issue.

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

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

The applicant filed an application alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995.

The union and the employer filed responses seeking the dismissal of the application for failing to disclose a prima facie case.

Before dealing with the motions to dismiss, the Board directed the applicant to provide written submissions indicating whether she agrees with specific material facts alleged by the union in its response.

The parties requested an adjournment of the proceedings.

The Ontario Labour Relations Board granted the request and adjourned the matters to October 11 and 12, 2001.