OLRB 2001

The applicant union requested to withdraw its application for certification.

The Ontario Labour Relations Board granted the withdrawal, noting that the effect of section 7(10) may be determined at a future date if necessary.

The Board directed the destruction of the ballots cast in the representation vote after 30 days and ordered the responding party to post copies of the decision.

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

The Board found the application timely and that at least forty per cent of the employees in the bargaining unit expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken.

The applicant filed an application under the Employment Standards Act.

The parties filed Minutes of Settlement.

The Ontario Labour Relations Board terminated the application in accordance with subsection 69.1(5) of the Act.

The applicant 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 applicant and the predecessor union agreed that the application would be determined by a representation vote among the employees in the bargaining unit.

The Board directed the responding parties and interested employees to advise whether they objected to abridging the usual time limit for filing responses and interventions to facilitate a prompt representation vote.

The applicant union and responding party employer agreed to adjourn the grievance referral sine die.

The Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if no request to proceed is made.

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

Upon reviewing the application and membership evidence, the Ontario Labour Relations Board found that the applicant appeared to have the support of at least forty percent of the proposed bargaining unit.

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

The Ontario Labour Relations Board amended its previous decision dated July 31, 2001, to reflect that the application was adjourned sine die for a period not exceeding one year, rather than being withdrawn, based on the agreement of the parties.

The applicant requested reconsideration of a Board decision that dismissed her duty of fair representation application after she failed to attend the scheduled consultation.

The applicant sought to have the Board review the documentary material she had previously filed.

The Board dismissed the request for reconsideration, noting that its power to reconsider is discretionary and generally not exercised where a party had notice of a hearing but chose not to appear, or where the party merely seeks to re-argue their case based on existing material.

The Ontario Labour Relations Board cancelled the hearing dates set for November 22 and 23, 2001, as it was unlikely to deliver its decision on a constitutional issue before then.

The parties were directed to be prepared to proceed on the next scheduled dates of December 6 and 7, 2001.

The parties agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if no request to proceed is made.

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

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

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the employer violated the collective agreement by failing to pay proper rates, make required remittances, and hire through the union hall.

The Board ordered the employer to pay $54,340.12 in damages and $214.00 in costs, and cancelled the scheduled hearing.

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

The Board granted the request and the application was withdrawn.

The applicant filed a duty of fair representation complaint against the union regarding the handling and settlement of his grievance.

The Board found it had no jurisdiction to inquire into events occurring prior to January 1, 1998, as the statutory amendments granting jurisdiction were not retroactive.

Regarding the remaining allegations, the Board exercised its discretion not to inquire further, finding that the union acted reasonably in attempting to resolve the matter when the arbitrator was unavailable and in ultimately accepting the employer's final offer over the applicant's objections.

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

The responding party failed to file a response within the stipulated time.

Based on the information provided, the Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

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

The Board previously found two companies to be related to a bankrupt employer under section 12 of the Employment Standards Act, making them jointly and severally liable for over $2 million owed to former union employees.

A separate appeal involved an Order to Pay against a director for unpaid wages and vacation pay.

The parties, including the union and the related companies, proposed a settlement of $1,000,000 to resolve all claims for both union and non-union employees.

As the Ministry of Labour could not consent on behalf of the non-union employees, the Board directed that notice of the proposed settlement be provided to the non-union employees, allowing them an opportunity to object before the Board issues a final decision incorporating the settlement.

The parties agreed to adjourn the applications sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the applications will be deemed terminated if no party requests to proceed.

The applicant union requested to change the date of a representation vote from August 31, 2001, to September 4, 2001, because some employees would allegedly be out of town.

The employer opposed the request.

The Board dismissed the request, noting that the applicant controls the timing of the application and that it is the Board's usual practice to hold the vote within five business days, even if some employees are absent.

The applicant employer requested a review of an Order to Pay issued by an Employment Standards Officer.

The request was untimely and the applicant failed to make the required payments to the Director of Employment Standards.

Despite a prior Board decision granting an extension to provide payment and request a time extension, the applicant failed to comply.

The application for review was dismissed.

The applicant sought to withdraw the application.

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

The applicant union, CAW-Canada, applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of the predecessor union, SEIU Local 210.

The Board abridged the time for filing responses and interventions, directed the employer to provide the names and positions of all employees in the bargaining unit, and ordered the employer to post the decision in the workplace in preparation for a likely representation vote.