OLRB 2001

The applicant trade union applied for certification to represent employees of the responding party.

The responding party failed to file a response within the stipulated time.

Finding that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members, the Board directed a representation vote.

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 in accordance with the settlement, with $3,500 paid to the employee, $1,325.60 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

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

The Board granted leave and the application was withdrawn.

The applicant, CAW National Union and its Local 1991, requested to withdraw its application against Alloy Wheels International (Canada) Ltd. and the Ministry of Labour.

The Ontario Labour Relations Board granted the request and the application was withdrawn with leave of the Board.

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

On the agreement of the parties, the Ontario Labour Relations Board adjourned the application sine die 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 ordered that the application be adjourned and not rescheduled for hearing until the outcome in Board File No. 2621-00-R is determined.

The applicant union filed an application for certification.

The Board found the applicant to be a trade union within the meaning of the Labour Relations Act, 1995, and determined that at least forty percent of the individuals in the proposed bargaining unit were members.

The Board directed a representation vote, ordering that ballots cast by individuals in disputed student positions be segregated.

The applicant union sought to withdraw its application against the responding party employer.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

The appellant sought to appeal an order made by a Ministry of Labour inspector under the Occupational Health and Safety Act.

The appeal was delivered to a courier on the 29th day but was not received by the Board until the 31st day after the order was made.

The Board dismissed the appeal, holding that section 61(1) of the Act imposes a strict 30-day time limit for filing an appeal and the Board has no statutory authority to extend this time limit.

At the outset of the hearing, counsel for the Ministry of Labour requested an adjournment.

The applicant and the other responding party agreed to the request.

The Board granted the adjournment and referred the matter to the Registrar for rescheduling.

Following the certification of the applicant union, the responding party requested that the ballots cast in the representation vote not be destroyed pending possible further action.

The Ontario Labour Relations Board granted the request and directed the Registrar to hold the ballots until further notice.

The applicant union applied for certification and sought a determination of its trade union status under section 1(1) of the Labour Relations Act, 1995.

The Board reviewed the documentary evidence, including the union's constitution, affiliation certificate, and minutes of its organizing meeting.

Applying the established five-step guideline, the Board found that the applicant had taken the necessary steps to form a trade union and concluded that it is a trade union within the meaning of the Act.

The applicant filed an application for review of an Order to Pay approximately two months after the 45-day statutory deadline.

The applicant requested an extension of time, claiming it only became aware of the Order when it was enforced by a collection agency.

The Ministry of Labour opposed the extension, asserting that the Order was mailed to the applicant twice.

The Board deferred the determination of the timeliness issue to the panel hearing the merits of the application and directed the Registrar to schedule a hearing.

The Ontario Labour Relations Board referred three related files to the Manager, Field Services for the appointment of a Labour Relations Officer to meet with the parties.

The Board recommended that the same officer be appointed for all three files and directed that the matters be scheduled for hearing in consultation with the parties.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party's bargaining rights.

The Board found the application timely and that at least forty percent of the employees in the bargaining unit expressed a wish not to be represented by the trade union.

The Board directed a representation vote.

The responding party's request to seal the ballot box due to allegations of employer discrimination was denied, and the ballots were ordered to be counted following the vote.

The applicant union, CAW-Canada, 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, SEIU Local 268.

Following a representation vote where more than fifty percent of the ballots were cast in favour of CAW-Canada, the Board granted the declaration.

CAW-Canada acquired the collective bargaining rights for the support service worker employees of the Corporation of the City of Thunder Bay in the Homes for the Aged Division.

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

The Board granted leave and the application was withdrawn.

The applicant, Millwright Regional Council of Ontario, sought to withdraw its application against the responding party, Tech Industrial Installations Inc. The Ontario Labour Relations Board granted leave to withdraw the application.

The applicant union applied for certification to represent employees of the responding child care centre.

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.

The applicant filed a complaint under section 96 of the Labour Relations Act, 1995, alleging that the responding union violated its duty of fair representation under section 74 by delaying the processing of a grievance for six years and subsequently withdrawing it without timely notice.

The union and the intervenor employer requested that the application be dismissed for failing to disclose a prima facie breach of the Act.

The Board declined to dismiss the application at the preliminary stage, finding that the alleged circumstances warranted proceeding to a consultation where the union's objections to new allegations could be raised.