OLRB 2001

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

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 applicant established sufficient membership support to obtain a representation vote.

The Board directed that a representation vote be taken of the individuals in the voting constituency.

The applicant union and responding employer requested that a representation vote scheduled for October 19, 2001, be rescheduled because affected employees were not scheduled to work that day.

The Ontario Labour Relations Board granted the request and directed that the representation vote be held on October 22, 2001.

The applicant employee appealed a decision of an employment standards officer regarding unpaid wages and an improper travel deduction.

The responding party employer failed to appear at the hearing.

Based on the applicant's uncontradicted sworn evidence, the Board found he was owed $63.65 for one day of unpaid work (inclusive of vacation pay) and $40.00 for an improper travel deduction.

The Board ordered the employer to pay the applicant $103.65.

In two related applications for certification, the UFCW and District 2-A requested directions regarding the service of documents and extensions of time to file submissions and interventions.

The Board directed all parties to serve each other with all materials filed.

The Board denied the UFCW's request for an extension of time to file written submissions, finding it would cause further delay.

However, the Board granted District 2-A's request for an extension to file its interventions, noting it had not received copies of previously filed correspondence.

The applicant sought to withdraw the application with the agreement of the responding party.

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

The union filed an application for certification and an unfair labour practice complaint against the employer.

The parties subsequently entered into Minutes of Settlement.

Having regard to the agreement, the Ontario Labour Relations Board granted the union leave to withdraw its unfair labour practice complaint and dismissed the application for certification.

The Board also directed the parties' attention to section 10(3) of the Labour Relations Act, 1995 regarding the effect of the dismissal on any subsequent certification application filed within one year.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer failed to remit benefit contributions.

The employer failed to file a response or notice of intent to defend.

Pursuant to the Board's Rules of Procedure, the Board deemed the facts in the application accepted and found the employer liable for violating the collective agreement.

The Board directed the employer to pay the required contributions and scheduled a hearing to assess damages.

In an application under sections 69 and 1(4) of the Labour Relations Act, 1995, the Ontario Labour Relations Board directed that the issue of whether the IAAF Local 529 is a proper intervenor will be dealt with at the hearing of the matter.

The applicant union requested to withdraw its application against the responding employers.

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

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 union.

The Board abridged the time for filing responses and interventions and directed the employer to provide a list of employees in the bargaining unit in preparation for a likely representation vote.

The applicant union sought to withdraw its application pursuant to Minutes of Settlement concluded by the parties.

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

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.

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent of the individuals in the proposed bargaining unit.

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

The employer requested that the Ontario Labour Relations Board dismiss the application in accordance with minutes of settlement.

The Board ordered that unless the applicant advised otherwise by January 5, 2001, the application would be dismissed.

The applicant filed a duty of fair representation complaint against the union under section 96 of the Labour Relations Act, 1995.

The union contended that the employer was federally regulated and provided supporting documentation.

The applicant and employer did not provide evidence to challenge this contention.

The Board concluded that the employer was federally regulated and that the complaint must be pursued under the Canada Labour Code.

The application was dismissed for lack of jurisdiction.

The applicant and responding 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 matter will be deemed terminated if no party requests to proceed.

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

The Board granted the request and the application was withdrawn.

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

The responding party and intervenor 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 the proposed bargaining unit could be appropriate but noted a significant numerical difference between the parties' estimates.

The Board ordered a representation vote to be held, with the ballot box sealed until the parties agree or the Board orders otherwise.

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 request to proceed is made.

The applicants filed an application under section 96 of the Labour Relations Act, 1995, alleging that the responding union violated section 74 of the Act regarding job description reviews and reclassifications.

The union sought preliminary dismissal, arguing that it had already scheduled arbitration dates to address the disputes and that the Board lacked jurisdiction to grant the requested remedy of reclassification.

The Board noted that it could not grant the requested remedy but could order the union to proceed to arbitration if a breach occurred.

Since the union claimed to have already scheduled arbitration, the Board directed the applicants to advise within five days if they disputed this fact, failing which the application would be dismissed.

The applicant union requested to withdraw its application.

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