OLRB 2001

The applicant trade union applied for certification to represent employees of York Detention Centre Ltd. The Ontario Labour Relations Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that at least forty percent of the individuals in the proposed bargaining unit were members.

The Board directed that a representation vote be taken and established the voting constituency, while segregating ballots for individuals whose confidential capacity status is in dispute.

The applicant requested an adjournment of the hearing scheduled for July 30, 2001.

With no one appearing on behalf of the responding party, the Ontario Labour Relations Board granted the request and adjourned the matter to August 13, 2001.

The applicant filed a grievance against the responding party.

On agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no request to proceed is made.

The responding party requested an extension of time to file its response.

The Ontario Labour Relations Board granted the request, extending the deadline to September 28, 2001, and reminded the responding party of its delivery obligations under the Board's Rules of Procedure.

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

The union responded that it no longer wished to represent the employees in the bargaining unit.

Pursuant to section 63(17) of the Act, the Board declared that the union no longer represents the employees of the intervenor employer.

The applicant brought an application against the responding employer and the Ministry of Labour.

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

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

The applicant trade union applied for certification.

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and proposed a different unit, giving notice under section 8.1 of the Labour Relations Act, 1995.

The Board found the applicant's proposed unit could be appropriate but noted a significant numerical difference between the parties' estimates.

The Board ordered a representation vote with the ballot box sealed until the disputes regarding the bargaining unit description and employee status are resolved.

The applicant, Lotto Sanitation Inc., sought to withdraw its application against the Universal Workers Union, Labourers' International Union of North America Local 183 and Joel Filipe.

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

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

The respondent employer failed to attend the scheduled hearing despite receiving notice.

The Board proceeded in the employer's absence, heard evidence from the union's business representative, and found the employer in breach of the collective agreement.

The employer was ordered to pay $53,636.36 to the union.

The applicant union brought an application under sections 69 and 1(4) of the Labour Relations Act, 1995, and requested an order directing the responding parties to produce documents and particulars prior to the hearing.

The Board ordered the responding parties to make specific corporate, commercial, and employment documents available for inspection, subject to a confidentiality order.

The Board declined to order the production of particulars or information, noting that the responding parties' statutory obligation under sections 1(5) and 69(13) is to adduce relevant facts at the hearing, not prior to it.

The applicant, Ontario Nurses' Association, sought to withdraw its application against the responding parties.

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

The applicant filed an application for certification in the construction industry.

The responding party and intervenor objected to the Board proceeding with the application because a previous application for the same bargaining unit was still pending with outstanding issues.

The Board directed the applicant to file submissions in response to the objections before deciding whether to order a representation vote.

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

The Board dismissed the application because the evidence filed did not comply with the statutory and procedural requirements.

Specifically, the signatures were undated, many were printed rather than signed, and the documents did not clearly indicate that the signatories wished to terminate the union's bargaining rights.

The application was dismissed without prejudice to filing a fresh, timely, and properly supported application.

The parties reached a settlement regarding two applications before the Ontario Labour Relations Board.

Having regard to the correspondence received from the parties, the Board noted that the applications were settled.

The applicant filed an application alleging a breach of section 75 of the Labour Relations Act.

The responding union requested that the Board dismiss the application without a hearing for failing to disclose a prima facie case.

The Board directed the applicant to file submissions responding to the union's motion within two weeks.

The applicant 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, noting it would be deemed terminated if no request to proceed was made within one year.

The Board heard two related employment standards applications which were adjourned to allow the parties to pursue a settlement.

Having received no update, the Board directed the parties to advise within ten days whether they wished to schedule another hearing day, failing which the applications may be terminated.

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

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the disbursement of the $984.00 held in trust by the Director, with $600.00 to the employee, $284.00 returned to the employer, and a $100.00 administration fee retained by the Consolidated Revenue Fund.

The applicant filed an application for certification.

As the applicant had not previously established trade union status, the Board directed a representation vote but ordered the ballot box sealed.

The Board noted disputes regarding the bargaining unit description, the number of employees, and the timeliness of the application due to an existing collective agreement with an intervenor.

These issues, along with the applicant's trade union status, will be determined at a hearing following the vote.

The applicant union applied for certification, and a vote was held with the ballot box sealed pending resolution of disputes over the geographic scope of the unit and status issues.

The Board issued a procedural decision to reschedule the hearing dates to earlier dates in 2001, cancelling the previously scheduled dates in 2002.