OLRB 2001

The applicant union applied for certification to represent refrigeration operators and helpers employed by the responding party at the Vaughan Iceplex.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

The applicant, Labourers’ International Union of North America, Local 493, sought to withdraw its application against the responding parties, United Brotherhood of Carpenters and Joiners of America, Local 2486 and Interpaving Limited.

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

The applicants sought to decertify 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with no statements of desire to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995, seeking to displace the intervenor as the bargaining agent for employees of the responding party.

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.

The Board found that the proposed bargaining unit could be appropriate and directed that a representation vote be taken, with the ballot box sealed pending further order or agreement of the parties.

The applicant filed a duty of fair representation complaint against the union for failing to arbitrate a grievance regarding his termination.

Following a consultation, the Board reserved its decision on consent until January 15, 2002, to allow the applicant time to decide whether to withdraw the application or have the Board issue its decision.

The Ontario Labour Relations Board adjourned the matter to August 29, 2001, on agreement of the parties.

The responding party was directed to post the decision for thirty days.

The applicant requested to withdraw the application.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

The responding party requested particulars of the circumstances of members affected by the conduct alleged in the application.

The Board previously directed the applicant to advise if it objected to filing the particulars.

The applicant did not file any submissions or objections.

The Board ordered the applicant to provide the requested particulars within two weeks.

The applicant union applied for certification.

The Board issued directions regarding two outstanding issues: the timeliness of the responding party's section 8.1 notice and the employment status of 45 voters.

The Board ordered the production of delivery records and documents relating to construction work performed, and directed the Registrar to schedule a hearing to address the section 8.1 issue and establish a protocol for examinations.

The applicant sought a review of an employment standards officer's decision.

The parties entered into a settlement agreement, but the applicant alleged the responding party breached the settlement by issuing a cheque that was not honoured by the bank.

The Board directed the responding party to respond to the allegations in writing and provide proof of payment, failing which a hearing would be scheduled to determine the application on its merits.

The Ontario Labour Relations Board received an intervention filed by the International Brotherhood of Electrical Workers Local 353 in an application between the Labourers' International Union of North America and Standard Underground.

The Board ordered that the intervenor and its counsel be added to the list of addressees and directed the parties to deliver all previously filed documents to the intervenor's counsel.

The applicant employer filed an application under section 100 of the Labour Relations Act, 1995, alleging that the responding union and its officials authorized and encouraged an unlawful strike.

The Board outlined the statutory provisions prohibiting unlawful strikes during the term of a collective agreement and the potential remedies available to an employer.

Recognizing the need for expedition in unlawful strike situations, the Board scheduled an expedited hearing for the matter.

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

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 for a representation vote and directed that a vote be taken.

The Board deferred the determination of whether certain individuals exercise managerial functions or are employed in a confidential capacity to a post-vote hearing.

The applicant referred a grievance to the Board under section 133 of the Labour Relations Act, 1995 and sought a decision without a hearing after the responding party failed to file an Intent to Defend.

The Board declined to issue a default decision because the applicant failed to file the relevant collective agreement and the calculations for the claimed pension amounts were impossible to determine from the materials provided.

The matter was set down for a hearing.

The applicant filed an application against the responding party union.

Having regard to the agreement of the parties, the Ontario Labour Relations Board ordered the application withdrawn.

The applicant sought to withdraw the application.

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

The applicant union sought to withdraw its application.

The Ontario Labour Relations Board granted leave to withdraw the application and ordered the responding party to post copies of the decision for 30 days.

The responding parties requested an extension of time to file submissions regarding a request for reconsideration, citing the unavailability of their counsel who was out of the country.

The Ontario Labour Relations Board granted the brief extension to May 7, 2001, and allowed the applicant two days thereafter to file reply submissions.

The applicant union brought applications before the Ontario Labour Relations Board.

The responding party employer raised a preliminary objection that its labour relations were governed by federal law, specifically the Canada Labour Code.

At a procedural hearing, the Board declined to entertain submissions regarding the production of documents by a non-party until the constitutional jurisdiction issue was resolved.

The Board directed the parties to prepare submissions for the next hearing on whether the Board has the authority to determine the jurisdictional question and, if so, whether it can continue with the applications.

The applicant trade 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 parties agreed that the application would be determined by a representation vote.

To facilitate a prompt vote, the Board provisionally abridged the usual time limit for filing responses and interventions, directing the parties to advise of any objections by July 6, 2001.