OLRB 2001

The applicant union filed an application with the Ontario Labour Relations Board.

On consent of the parties, the Board amended the style of cause to reflect the correct name of the responding party and adjourned the application sine die for a period not exceeding one year.

The application will be deemed terminated if no party requests to proceed within that time.

The applicant trade union filed a displacement application for certification to represent employees currently represented by the intervenor.

The Ontario Labour Relations Board found that the applicant is a trade union and that not less than forty per cent of the individuals in the proposed bargaining unit were members of the applicant.

The Board directed that a representation vote be taken.

The parties executed and filed Minutes of Settlement on the day scheduled for consultation.

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

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

The Board found that the applicant is a trade union and that the proposed bargaining unit is appropriate.

Based on the membership evidence, the Board determined that at least forty per cent of the individuals in the bargaining unit were members of the union, and directed a representation vote.

Although the employer gave notice under section 8.1 of the Labour Relations Act, 1995 disagreeing with the union's estimate of the number of employees, the Board compared the membership evidence with the employer's list and concluded the union still met the forty per cent threshold.

Accordingly, the Board ordered that the ballots be counted following the vote.

A dissenting Board member would have ordered the ballot box sealed pursuant to section 8.1(4) of the Act.

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

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

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit contributions required by the provincial collective agreement.

The responding party failed to file a response or a Request for Hearing and Notice of Intent to Defend.

Proceeding by way of default, the Board accepted the applicant's allegations as true, declared the responding party bound by the collective agreement, and ordered it to pay $5,531.14 in damages and $664.00 in costs.

The applicant filed an application alleging the union breached its duty of fair representation by failing to file a grievance regarding her dismissal and termination of disability benefits.

The union and intervenor employer requested the Board dismiss the application, noting the union had since filed two grievances on her behalf.

The Board exercised its discretion not to proceed, finding that the applicant had already achieved the only remedy available against the union through this application.

The dismissal was without prejudice to future applications if the union's delay caused prejudice or if future representation issues arose.

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

The responding party employer wrote to the Board claiming the matter was settled, but failed to file the required Form A-87 or pay the prescribed filing fees.

The applicant did not respond to the Board's request for comments.

The Board held that it could not consider the responding party's letter without the proper forms and fees, as prohibited by section 133(12) of the Act and the Board's rules.

The Board extended the time for the responding party to file the Notice of Intent to Participate and pay the fees by three working days, failing which a default decision would be issued.

The applicant requested to withdraw the application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

The applicant union applied for certification to represent 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 granted the application and ordered a certificate to issue.

The responding party employer requested a reconsideration of the Board's decision dated September 25, 2001, seeking to change the date of the representation vote or to seal the ballot box.

The Ontario Labour Relations Board declined to reconsider its decision and dismissed the requests.

The applicant filed an application involving IEEW Local 353.

The Ontario Labour Relations Board directed the parties to contact the Vote Co-ordinator to arrange a Post-Vote Meeting.

Following that meeting, the Board will determine whether it is appropriate to list the matter for a hearing.

The applicant requested an adjournment of the matter.

The Ontario Labour Relations Board granted the request and adjourned the hearing to December 3, 2001.

The Ontario Labour Relations Board issued an amendment to its September 28, 2001 decision regarding a bargaining unit description.

The amendment corrected an error where three positions were omitted from the bargaining unit description for employees at the London Health Sciences Centre.

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

The employees were currently represented by the intervenor.

The Board found that the applicant filed sufficient membership evidence demonstrating that not less than forty percent of the individuals in the proposed bargaining unit were members.

The Board determined the appropriate bargaining unit and directed that a representation vote be taken.

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 Ontario Labour Relations Board dismissed the application.

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

The applicant applied to terminate the bargaining rights of the responding party trade 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 intervenor employer.

The applicant requested the withdrawal of its applications.

The employer requested confirmation of a bar under section 7(10) of the Labour Relations Act, 1995.

The Board noted that the effect of section 7(10) is automatic, unlike section 111(1)(k), and its impact on any future applications will depend on the circumstances of those applications.

The applications were withdrawn.

The applicants filed an application to terminate the responding party's bargaining rights.

Following a representation vote directed by the Board, not more than fifty per cent of the ballots cast by employees in the bargaining unit were in opposition to the responding party.

As no statement of desire to make representations was filed, the Board dismissed the application.

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 cast were in opposition to the union, and with no statements of desire to make representations filed, the Board declared that the union no longer represents the employees of the intervenor employer.