OLRB 2001

The applicant applied to terminate the responding party's bargaining rights.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the responding party, and with no statements of desire to make representations filed, the Ontario Labour Relations Board declared that the responding party no longer represents the employees in the bargaining unit.

The intervenor requested that the ballots cast in a representation vote be counted immediately because the responding union failed to file submissions.

The Ontario Labour Relations Board declined the request, noting it was impossible to convene the parties and count the ballots that day, and directed the intervenor to raise the issue at the scheduled hearing.

The applicants applied to terminate the bargaining rights of the responding party union under section 63 of the Labour Relations Act, 1995.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and the union's withdrawal of its allegations in opposition, the Ontario Labour Relations Board declared that the union no longer represents the employees of Sterling Sheet Metal Manufacturing Inc.

The parties requested an adjournment of the application.

The Ontario Labour Relations Board granted the request and adjourned the matter sine die for a period not exceeding one year, after which it will be deemed terminated if neither party requests to proceed.

The applicant trade union filed an application for certification in the construction industry, seeking to displace the intervenor as the bargaining agent for the responding party's employees.

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 Labour Relations Act, 1995.

The Board found that the applicant established sufficient membership support in its proposed bargaining unit to warrant a representation vote.

The Board directed that a representation vote be taken among the eligible individuals in the voting constituency.

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

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

The employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The employer and the employee entered into Minutes of Settlement agreeing to disburse the funds held in trust by the Director.

The Board ordered the funds disbursed in accordance with the settlement and terminated the application pursuant to section 69.1(5) of the Act.

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

The incumbent union intervened.

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 directed a representation vote to be held for the largest possible voting constituency, noting that the applicant's status as a trade union and the appropriateness of the bargaining unit would be determined at a subsequent hearing.

The applicant union and responding employer reached an agreement to withdraw the application.

The Ontario Labour Relations Board ordered the application withdrawn pursuant to the parties' agreement.

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 applicant union filed an application before the Ontario Labour Relations Board.

The Board directed the Registrar to set the matter down for a one-day hearing to address the appropriate bargaining unit, the timeliness of the application, and any related issues.

The applicant union requested to withdraw multiple applications against the responding party employer.

The Ontario Labour Relations Board granted leave to withdraw the applications based on correspondence from the applicant's counsel.

The applicant union brought an application before the Ontario Labour Relations Board.

On the agreement of the parties, the Board referred the matter to the Registrar to schedule for a hearing and directed that submissions be filed by June 1, 2001.

The applicant filed an application alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995 by failing to advance his grievance to arbitration.

The applicant and the union subsequently entered into Minutes of Settlement, and the union acknowledged it violated the Act.

The employer objected to the Board directing the matter to arbitration, citing prejudice from delay and jurisdictional concerns.

The Board rejected the employer's objections, declared that the union violated section 74, and ordered the union and the employer to proceed to arbitration on the merits of the grievance, while remaining seized of the issue of compensation apportionment.

In an application for certification, the parties disputed whether the Billing/Systems Coordinator and Finance Clerk should be excluded from the bargaining unit under s. 1(3)(b) of the Labour Relations Act, 1995 for exercising managerial functions or acting in a confidential capacity regarding labour relations.

The Board found that neither employee exercised managerial functions or had regular material involvement in confidential labour relations matters.

The Board also determined that the bargaining unit description should not include the word 'technical'.

Both employees were included in the bargaining unit.

The applicant trade 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 trade union.

As there were no objections to holding a representation vote, the Board ordered a vote to determine whether the employees in the bargaining unit wish to be represented by the applicant or the predecessor trade union.

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

The Board granted the request and the application was withdrawn with leave of the Board.

The applicant trade union filed an application for certification to represent employees of the responding party.

The Board found that the applicant is a trade union under the Labour Relations Act, 1995, and that it appeared to have the requisite 40 percent membership support in the proposed bargaining unit.

The Board directed that a representation vote be taken among the eligible employees in the voting constituency.

The Board also provided directions regarding segregated ballots for disputed positions and the posting of notices.

Following a municipal amalgamation, the Board held a hearing to determine whether 40 percent of the employees in the agreed bargaining unit were unrepresented by a bargaining agent immediately before the changeover date.

The Board found that 17 out of 43 employees (39.5%) were unrepresented.

Because the Board does not round up percentages, the 40 percent threshold was not met.

Consequently, the representation vote ballot would only include the choice between the two competing unions, OPSEU and UAW, without a 'no union' option.

The applicant applied under section 63 of the Labour Relations Act, 1995 to terminate the bargaining rights of the responding party union.

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

Accordingly, the Board directed that a representation vote be held among the eligible employees.