Ontario Labour Relations Board

The applicant trade union applied for certification to represent a bargaining unit of employees of the responding party security services company.

The Board found that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

Although the responding party disputed the applicant's estimate of the number of employees under section 8.1 of the Labour Relations Act, 1995, it agreed that the ballots cast should be counted.

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

The applicant requested to withdraw its application.

The Ontario Labour Relations Board granted the request and the application was withdrawn with leave of the Board.

The applicant employer sought a review of an Order to Pay issued by an Employment Standards Officer.

The application was filed four days after the 45-day statutory deadline.

The applicant requested an extension of time, citing a death in the family as the reason for the delay.

The Ontario Labour Relations Board exercised its discretion under section 68(4) of the Employment Standards Act to extend the time for filing, noting the short duration of the delay and the reason advanced.

The applicant brought an application under the Public Sector Labour Relations Transition Act, 1997.

Following an Officer's report that issues remained in dispute, the Ontario Labour Relations Board directed the parties to file briefs and documents, and scheduled a consultation to hear representations on the unresolved matters.

The applicant union and responding employer agreed to adjourn the grievance referral sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter would be deemed terminated if no party requested to proceed.

The applicant union filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

Counsel for an intervening union requested an extension of the deadline for filing a response and/or intervention.

The Board granted the request, extending the deadline and the terminal date to December 21, 2001, and directed the responding parties to post the decision adjacent to the Notice to Employees.

The applicant filed an application for termination of bargaining rights in the construction industry.

The responding union sought to have the matter terminated under section 63(16) of the Labour Relations Act, 1995.

The applicant argued the union's pleadings were insufficient.

The Board found the union had filed sufficient particulars and directed the Registrar to schedule the matter for a hearing, while also ordering the union to provide a missing document referenced in its submissions.

In an application for certification, two unions sought to intervene.

The Board directed that the interested parties be added to the service list and provided with notice of hearings and meetings.

The determination of their status to participate was deferred to the panel hearing the matter.

The applicant sought a declaration terminating the bargaining rights of the responding party trade union, claiming it was a 'non-construction employer' under section 127.2 of the Labour Relations Act, 1995.

The responding party and intervenor brought a preliminary motion to dismiss the application on the basis of res judicata, arguing that the Board had previously determined the applicant was an employer in the construction industry.

The Board agreed, finding that earlier decisions had conclusively determined the applicant carried on business in the construction industry.

As the statutory definitions had not materially changed, the applicant was precluded from relitigating the issue.

The application was dismissed.

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Ontario Labour Relations Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

The Minister referred a question to the Board under section 115 of the Labour Relations Act, 1995 regarding whether to appoint a conciliation officer as requested by the applicant unions.

The Board adjourned the scheduled hearing and issued procedural directions requiring the applicants to file statements and documents supporting their claim of union successorship, and to respond to requests for intervenor status by other unions.

The employer and proposed intervenors were directed to file their responses subsequently.

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

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 certified the applicant as the bargaining agent for the agreed-upon bargaining unit.

The Board issued a decision to correct a clerical error in its previous decision dated December 10, 2001.

An erroneous reference to paragraph 10 was amended to refer to paragraph 9.

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

The parties reached Minutes of Settlement requiring the responding party to pay $25,000 to the Resilient Floor Workers' Trust Fund and to provide notice of future work.

The Board incorporated the settlement into its decision and adjourned the matter sine die for up to one year.

The Board received correspondence and materials from the applicant regarding its trade union status, but noted that these had not been delivered to the other parties as required by Rule 33 of the Board's Rules of Procedure.

The Board directed the applicant to deliver the materials forthwith and set a schedule for responding and reply submissions.

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

If no party requests to proceed within that time, the matter will be deemed terminated.

The applicant trade union filed an application for certification.

The Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

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

The applicant/appellant requested to withdraw its applications.

The Ontario Labour Relations Board granted the request and marked the applications withdrawn.

The applicant union and responding employer 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 neither party requests to proceed.

The applicant union referred a construction industry grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding party failed to make monthly remittances.

Prior to the hearing, the parties entered into Minutes of Settlement and a Consent Order.

The Board issued declarations and orders in accordance with the settlement, finding the responding party bound to the Principal Agreement and ordering payment of $78,084.37 in unpaid remittances plus interest.