OLRB 2001

The applicant 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 applicant and the predecessor union agreed that the application would be determined by a representation vote.

To expedite the vote, the Board proposed abridging the usual time limit for filing responses and interventions, directing the parties to advise of any objections by July 10, 2001.

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

Prior to the hearing, the parties entered into Minutes of Settlement wherein the responding party acknowledged it was bound by the Provincial Collective Agreement, admitted to violating it, and agreed to pay $6,000 in damages.

The Board issued a consent order incorporating the terms of the settlement.

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 Board ordered the funds held in trust by the Director to be disbursed according to the settlement, with $1,000 paid to the employee, $853.58 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

The matter was deemed terminated.

The applicant union filed applications for the referral of a grievance to arbitration and alleging a sale of business and related employer status among the responding parties.

Before the hearing, the parties entered into Minutes of Settlement.

The Board issued a consent order declaring a sale of business from Rimwood to Gridd, binding Gridd to the provincial collective agreement, and ordering Gridd to pay $45,000 in damages for violating the agreement.

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

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it would be deemed terminated if no party requested to proceed.

The applicant filed an employment standards application against the employer and the Ministry of Labour.

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

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots were cast in favour of the applicant.

No statement of desire to make representations was filed.

The Board dismissed the application for certification and noted the potential application of the one-year bar under section 10(3) of the Act for future applications.

The Ontario Labour Relations Board issued an amendment to its decision dated June 11, 2001, substituting the date June 21, 2001 for June 14, 2001.

The applicant sought a review of an Employment Standards Officer's refusal to issue an Order to Pay for termination and vacation pay.

The employer failed to attend the hearing.

Based on the applicant's uncontested evidence, the Board found he was dismissed without termination pay and had not received vacation pay for 1998 and 1999.

The Board ordered the employer to pay $7,545.44 in outstanding termination and vacation pay.

The Kenora District Services Board applied to the Ontario Labour Relations Board regarding a sale of business and representation vote.

Following an agreement between the parties and a representation vote, the Board declared a sale of business from several hospitals and health centres to the applicant.

The Board also defined the appropriate bargaining unit and ordered that the Memorandum of Settlement govern the determination of the successful bargaining agent.

The applicant union in an Occupational Health and Safety Act reprisal application requested that its matter be heard together with an employer's application under section 100 of the Labour Relations Act, 1995.

The Board found it appropriate to hear the matters together due to overlapping issues of fact and law, and scheduled both applications for a joint hearing.

The applicant requested an adjournment at the outset of a consultation due to medical reasons, providing a medical note.

The respondent trade union and intervenor employer opposed the request.

The Board granted the adjournment, noting that a consultation should take place in the presence of the applicant and that there was no significant prejudice to the parties.

The Board also directed the parties to file written submissions on whether the application sets out a prima facie violation of the Act.

The Ontario Labour Relations Board issued a brief procedural direction granting the International Union of Operating Engineers, Local 772 until April 26, 2001, to file its submissions.

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

Neither the applicant nor the responding party employee appeared at the scheduled hearing.

After waiting the normal thirty minutes, the Board convened the hearing and dismissed the application.

The Board directed the Director of Employment Standards to pay out the monies held in trust to the claimant.

The applicant trade union applied 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 of the eligible employees in the voting constituency.

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

The Board granted the request and the application was withdrawn.

The applicants and responding party mutually agreed to request an adjournment of the scheduled hearing.

The Ontario Labour Relations Board granted the request and adjourned the applications sine die, noting they would be deemed terminated if no request to proceed was made within one year.

The Ontario Labour Relations Board granted an extension of time until September 28, 2001, for the employer to file an intervention in the matter.

The applicant sought to withdraw two applications against the Toronto Transit Commission.

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

The applicant sought a review of an Order to Pay issued by an Employment Standards Officer under section 68 of the Employment Standards Act.

The Board granted leave to withdraw the application and ordered the Director of Employment Standards to distribute the funds held in trust, with $650.14 paid in accordance with the Order and $100.00 retained as the Ministry's administration fee.