OLRB 2001

The Ontario Labour Relations Board issued a decision amending paragraph 6 of its previous decision dated November 2, 2001.

The amendment directs the respondent employer to pay the applicant union the sum of $53,636.36 as a remedy.

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

The parties reached a settlement, which the Board confirmed in a prior decision.

The Ministry of Labour objected to the Board refunding the administration fee, arguing that the employer must apply to the Director of Employment Standards under s. 69.1(6)(b) of the Act.

The Board agreed with the Ministry's position.

However, due to uncertainty regarding the exact amounts representing wages, vacation pay, and the administration fee in the trust payment, the Board referred the matter back to the Labour Relations Officer to ascertain the appropriate amounts and resolve the remaining issue.

The applicant requested to withdraw its referral of a grievance to the Board under section 133 of the Labour Relations Act, 1995.

The Board granted the request and the referral was withdrawn.

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 issued an order directing the disbursement of funds held in trust by the Director of Employment Standards, returning $1,356.87 to the employer and retaining a $187.20 administration fee.

The applicant filed a complaint against the responding unions.

Following a consultation, the Board issued a procedural direction on consent.

The applicant was directed to provide further particulars and a draft agreed statement of facts by December 31, 2001.

The responding parties were directed to respond and provide documents by March 12, 2002.

The matter was scheduled to continue on April 16 and 17, 2002.

The applicant union applied for certification.

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 issue to the applicant.

The applicant union filed an application for certification.

The parties jointly requested an adjournment of the scheduled hearing pending settlement discussions.

The Ontario Labour Relations Board granted the request and adjourned the application sine die for a period not exceeding one year.

The applicant requested to withdraw its application.

The Ontario Labour Relations Board granted the request and the application was withdrawn without prejudice to any position taken by any party.

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

The Board found that the applicant is a council of trade unions and an affiliated bargaining agent.

Finding that at least forty percent of the individuals in the proposed bargaining unit were members of the union, the Board directed that a representation vote be taken among the eligible employees of the responding party.

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

The employer and the employee entered into Minutes of Settlement, agreeing to disburse the funds held in trust by the Director, with the majority returning to the employer and a portion retained by the Consolidated Revenue Fund.

The Ontario Labour Relations Board ordered the funds disbursed in accordance with the settlement and terminated the application pursuant to section 69.1(5) of the Act.

The applicant brought a matter before the Ontario Labour Relations Board.

The parties entered into Minutes of Settlement.

The Board terminated the matter in accordance with subsection 69.1(5) of the Employment Standards Act.

The employer sought an application for review of an Order to Pay under the Employment Standards Act but failed to use the proper form.

The Board provided the correct forms and granted a 10-day extension.

When the employer failed to file the proper application within the extended time, the Board terminated the matter.

The Labourers' International Union of North America filed an application for certification.

The Ontario Labour Relations Board directed the parties to contact the Vote Co-ordinator to arrange a Regional Certification Meeting.

Following that meeting, the Board will determine whether it is appropriate to list the matter for a hearing.

The Ontario Labour Relations Board issued a procedural decision to reschedule three related applications—a certification application, an unfair labour practice complaint under section 96 of the Labour Relations Act, 1995, and a construction industry grievance referral.

Due to inadvertence, one application had been scheduled separately.

The Board ordered all three matters to be heard together on specified dates in November 2001.

The applicant filed an application under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party trade union no longer represents the employees in the bargaining unit.

The Board found the application timely and that not less than forty per cent of the employees had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken.

The applicant and responding party 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 request to proceed is made.

The applicant union applied for certification.

A representation vote was held, and not more than 50% 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 for certification.

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 Ontario Labour Relations Board issued a preliminary decision abridging the time for filing responses and interventions.

The Board also directed the responding party employer to provide the names and positions of all employees in the bargaining unit and to advise of any proposals regarding arrangements for a representation vote.

The applicant alleged that the responding party failed to comply with Minutes of Settlement regarding an application for review of an employment standards officer's decision.

The Board previously directed the responding party to respond to the allegation, but no response was received.

Consequently, the Board concluded that the responding party had not complied with the settlement and ordered the application for review to be recommenced and listed for a hearing pursuant to section 69.1(8) of the Employment Standards Act.

The applicant union and responding employers agreed to adjourn the application.

The Board adjourned the matter for 53 weeks, noting that it would be dismissed if no party requested to proceed within that time.