OLRB 2001

The applicant union filed Minutes of Settlement regarding violations of the Provincial Collective Agreement by the responding party employer.

The employer agreed to pay $5,000 in full and final settlement and to comply with the collective agreement.

Based on this agreement, the Board reconsidered its previous decision of July 6, 2001, revoked certain paragraphs, and ordered the employer to pay the union $5,000 forthwith.

The employer appealed an Order to Pay termination pay to two former employees, arguing they were terminated for wilful misconduct and wilful neglect of duty after a customer overheard them having an inappropriate conversation about management.

The Ontario Labour Relations Board dismissed the appeal, finding that while the employees' conduct was inappropriate, it did not amount to wilful misconduct or wilful neglect of duty because they did not intend to undermine the employer's reputation and it was not foreseeable that their actions would irreparably harm the employment relationship.

The applicant trade union applied for certification to represent an 'all employee' bargaining unit at the responding party hospice.

The responding party disputed the applicant's estimate of the number of employees in the proposed unit and gave notice under section 8.1 of the Labour Relations Act, 1995, proposing separate full-time and part-time units.

The majority of the Board found the applicant's proposed unit could be appropriate and directed a representation vote, ordering that ballots of part-time employees and individuals in disputed positions be segregated.

A dissenting Board member would have directed the ballot box to be sealed pursuant to section 8.1(4) of the Act.

The applicant requested a second reconsideration of a Board decision that dismissed an appeal regarding a health and safety inspector's refusal to issue an order under section 53 of the Occupational Health and Safety Act.

The applicant requested that a different adjudicator hear the reconsideration.

The Board declined to refer the matter to another adjudicator, noting that reconsiderations are consistently heard by the original decision-maker.

The Board also found no basis to reconsider its substantive findings regarding the acid cooling tower incident, and dismissed the request.

The applicant requested an adjournment of the application sine die based on the agreement of the parties.

The Ontario Labour Relations Board granted the request and adjourned the matter for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

The Ontario Labour Relations Board granted a consent request to adjourn the applications sine die for a period not exceeding one year.

If neither party requests to proceed within that time, the applications will be deemed terminated.

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

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of Jarvis Design & Display Ltd.

The applicant requested an adjournment of the scheduled hearing.

As no one appeared on behalf of the responding party, the Ontario Labour Relations Board granted the request and adjourned the hearing to August 13, 2001.

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

Having regard to the agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if no party requested to proceed within one year.

The applicant union filed an application 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 Ontario Labour Relations Board dismissed the application and noted the potential application of the one-year bar under section 10(3) of the Labour Relations Act for any subsequent applications.

The applicant union filed an application against the responding party employer.

Having regard to the agreement of the parties, the Ontario Labour Relations Board ordered the application 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 employer objected to the application and argued the Board lacked jurisdiction to order a representation vote.

The Board ordered that the representation vote proceed as contemplated by the agreement between the unions, with the employer's objections to be dealt with at a subsequent hearing.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer violated the provincial collective agreement by engaging non-union personnel for carpentry work.

The parties reached Minutes of Settlement.

The Board issued declarations and orders incorporating the settlement, including a declaration that the employer is bound by the collective agreement and an order to pay $43,770 in damages and costs.

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

Prior to the hearing, the parties entered into Minutes of Settlement.

The Board issued a consent order declaring that the responding party is bound by the collective agreement and ordering the responding party to pay $200 in settlement of the grievance.

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 trade union with respect to employees of the responding party employer.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and the withdrawal of previous objections, the Board granted the declaration.

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

The applicant filed an application under section 96 of the Labour Relations Act, 1995.

The parties entered into Minutes of Settlement and requested that the Board issue a consent order incorporating the settlement terms while adjourning the application sine die.

The Board declined to issue the consent order at this time, noting that the parties must choose whether future hearings would address the original application or compliance with the settlement.

The Board adjourned the matter sine die for up to one year, with the option for the parties to withdraw the application immediately if they prefer the settlement to be incorporated into an order.

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 statement of desire to make representations filed, the Ontario Labour Relations Board directed that a certificate issue to the applicant for the specified bargaining unit of carpenters and construction labourers.

The applicant trade 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 unions agreed that the application would be determined by a representation vote.

To expedite the vote, the Board provisionally abridged the time limit for filing responses and interventions, directing the parties to advise of any objections by the following day.

The Board issued a brief procedural direction permitting the responding party employer to file its response by 5:00 p.m. on the date of the decision.

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

The Board granted the request and the application was withdrawn with leave.