OLRB 2001

The employer and the employee both sought a review of an employment standards officer's order to pay.

During the hearing, the parties reached a partial settlement regarding outstanding wages, commissions, and vacation pay.

The Board dismissed the employer's application for review, ordered the release of funds held in trust to the employee, and directed the employer to pay an additional sum.

The Board scheduled a further hearing to determine the remaining issue of whether the employee was constructively dismissed and entitled to termination pay.

The applicant union filed an application for certification.

A representation vote was held, but not more than fifty per cent of the ballots were cast in favour of the applicant.

No statement of desire to make representations was filed following the vote.

The Ontario Labour Relations Board dismissed the application and directed the parties' attention to the potential one-year bar on subsequent applications under section 10(3) of the Labour Relations Act, 1995.

The responding party union requested an extension of time to file a response to the applicant employer's request for reconsideration.

The Ontario Labour Relations Board granted the request and extended the deadline to October 4, 2001.

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

On the agreement of the parties, the Board ordered the matter adjourned to a date to be set by the Registrar.

The Minister of Labour referred a matter to the Ontario Labour Relations Board under subsection 3(2) of the Hospital Labour Disputes Arbitration Act.

The parties agreed to adjourn the matter sine die and the hearing dates were cancelled.

The Board consented to the adjournment for a period not exceeding one year, subject to any objection from the Minister of Labour within ten days.

The applicant trade union applied for certification.

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

The Board found that the numerical difference between the parties was not significant and that the applicant had established sufficient membership support to obtain a representation vote and have it counted.

A representation vote was directed.

Board Member J.A. Ronson dissented, arguing that section 8.1(4) required the ballot box to be sealed.

The Ontario Labour Relations Board issued a brief decision amending a previous decision dated June 21, 2001, to correct a typographical error, changing the word 'employer' to 'employee' in the first paragraph.

The applicant union sought to withdraw its application for certification.

The Ontario Labour Relations Board granted leave to withdraw the application and directed the parties' attention to section 7(10) of the Labour Relations Act, 1995 regarding any future applications.

The applicant trade union applied for certification to represent registered nurses at a nursing home.

The Ontario Labour Relations Board found that the applicant is a trade union under the Labour Relations Act, 1995, and 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.

The applicant requested to withdraw its applications.

The Ontario Labour Relations Board granted the request and the applications were withdrawn with leave of the Board.

The applicant union applied for certification.

A representation vote was held, and not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast 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 sought a review of an Employment Standards Officer's refusal to issue an order to pay.

The applicant failed to appear at the scheduled hearing, and the Board dismissed the application orally.

The applicant later requested a new hearing date, claiming he missed the hearing because he misplaced his calendar during a move.

The Board found this was not a valid reason for failing to appear and dismissed the application.

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

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

The Board directed that a representation vote be taken.

The applicants requested that the application be withdrawn.

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

The applicant union applied for certification.

Following a representation vote where more than fifty per cent 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 for the agreed-upon bargaining unit.

The Ontario Labour Relations Board issued a decision to correct a scheduling error in a previous decision dated September 28, 2001.

The consultation dates were amended from November 21 and 22, 2001, to November 22 and 23, 2001.

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.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Board granted the application.

The Board declared that the applicant acquired the collective bargaining rights of the predecessor union by transfer of jurisdiction for the specified bargaining unit.

During the continuation of a hearing, the applicants sought to introduce Land Titles Office abstracts into evidence to challenge the testimony of witnesses regarding property ownership.

The responding parties objected on the basis that the documents had not been produced prior to the hearing as required by a previous Board order.

The Board sustained the objection, finding that the applicants failed to comply with the production order and provided no grounds for granting leave to introduce the documents at this stage.

A subsequent request to reconsider the ruling was also dismissed.

The Ontario Labour Relations Board issued a procedural direction regarding the validity of a voluntary recognition agreement signed by CUPE and the employer.

Following a previous decision, the Board directed that the remaining issue be dealt with by way of written submissions and set a schedule for the parties to file their materials.

The applicant union filed an application for certification.

A representation vote was held, and not more than fifty per cent of the ballots were cast in favour of the applicant.

The Ontario Labour Relations Board dismissed the application and noted the potential one-year bar on subsequent applications under section 10(3) of the Labour Relations Act.