OLRB 2001

The applicant union filed an application for certification.

Following a representation vote, not more than 50 per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

As no statement of desire to make representations was filed, the Ontario Labour Relations Board dismissed the application and directed the parties' attention to section 10(3) of the Act regarding subsequent applications.

Two unions filed competing applications for certification regarding the same proposed bargaining unit.

The Board exercised its discretion under section 111(3) of the Labour Relations Act, 1995 to treat the second application as if it were made on the same day as the first, as the second was received before a representation vote was directed.

The Board set deadlines for the employer's response and any intervention.

The applicant requested the issuance of an interim certificate for a proposed bargaining unit.

The Board directed the responding party to file submissions regarding the issuance of the interim certificate and the proposed bargaining unit by September 21, 2001.

The union requested that the Board set additional dates and times for employees to cast ballots.

The Board directed the other parties to respond to the request by delivering submissions by a specified deadline.

In the context of a displacement certification application and a related unfair labour practice complaint, the responding party union requested further particulars of the allegations made against it.

The Ontario Labour Relations Board directed the applicant union to provide further particulars, including the names of the representatives alleged to have approached employees in the presence of management, as well as where and when the conduct occurred.

The applicant union filed an application for certification.

A representation vote was held, but not more than fifty percent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and 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 parties agreed to adjourn the application sine die until October 10, 2001.

The Ontario Labour Relations Board consented to the adjournment, noting that the application would be dismissed without further notice if neither party requested a hearing before that date.

The applicant employer sought review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Board ordered the disbursement of the funds held in trust, with $1,226.38 returned to the employer and the administration fee retained by the Consolidated Revenue Fund, subject to any objection by the Ministry of Labour.

The applicant filed an application for review under section 68 of the Employment Standards Act.

The applicant provided a letter indicating the Ministry of Labour collected $2,269.81 from its account through an attachment order.

The Ministry advised it was holding $387.37 in trust.

The Board directed the Ministry to advise whether it had collected the outstanding amount from Order to Pay 61102.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, alleging the responding party employer failed to make required remittances under the provincial collective agreement.

The employer failed to appear at the hearing.

The Board accepted the union's evidence that the employer failed to remit payments for several employees who worked on a water tower project.

The Board found the employer violated the collective agreement and ordered it to pay $11,609.29 in outstanding remittances, plus $749.00 in costs for the application filing fees.

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

The responding party employer claimed it had no employees in the proposed bargaining unit and filed a notice under section 8.1 of the Act.

The Board found that a section 8.1 notice is irrelevant when the employer asserts there are no employees, and declined to seal the ballot box on that basis.

Finding that the applicant appeared to have the requisite membership support, the Board defined the appropriate bargaining unit and ordered a representation vote.

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

The Registrar notified the applicant that the application was not filed in accordance with the Board's Rules of Procedure and appeared to be filed more than 45 days after the date of the Order, making it untimely.

The applicant was given 10 working days to file representations or seek an extension of time but failed to do so.

The Board dismissed the application for review due to untimeliness and failure to comply with the Rules.

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.

The parties agreed that the application would be determined by a representation vote among the employees in the bargaining unit.

The Board directed the parties to advise if they objected to abridging the usual time limit for filing responses and interventions so that the representation vote could occur promptly.

The applicant trade union applied for certification to represent a bargaining unit of security guards employed by the responding party.

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

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

The parties requested an adjournment of the matter.

The Ontario Labour Relations Board consented to adjourn the hearing to November 14, 2001.

The applicant, John Foote, sought to withdraw his application against the Labourers' International Union of North America, Local 506.

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

The Ontario Labour Relations Board granted a consent request to adjourn two applications sine die for a period not exceeding one year.

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

The applicant union applied for certification to represent registered nurses at the responding party's long term care home.

Following a representation vote where more than fifty percent 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 ordered that a certificate will issue to the applicant.

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.

The applicant requested to withdraw its applications against the responding party via a letter from counsel.

The Ontario Labour Relations Board granted leave and the applications were withdrawn.