Ontario Labour Relations Board

Following a representation vote, the applicant union requested leave to withdraw its application for certification.

The Ontario Labour Relations Board granted leave to withdraw the application and noted that the effect of the withdrawal under section 7(10) of the Labour Relations Act, 1995 would be determined if a subsequent application is filed within one year.

The responding party requested an extension of time to file a response or intervention.

The Ontario Labour Relations Board granted the request, extending the deadline to August 17, 2001.

The applicant requested the Board to schedule a hearing for an application that had previously been withdrawn pursuant to a settlement agreement.

The Board noted that because the application was withdrawn, there was no matter currently before it.

The Board advised the applicant that if his complaint pertained to the union's failure to comply with the settlement, he could file a new application under section 96(1) of the Labour Relations Act, 1995, alleging a breach of the settlement pursuant to section 96(7).

The applicant requested an adjournment of a hearing scheduled for August 2, 2001, regarding an application for review under the Employment Standards Act.

Counsel for the applicant submitted that both she and her client were unavailable on that date due to travel and collective bargaining negotiations.

The applicant had sought the consent of the responding party, who did not reply.

The Board granted the adjournment, finding the grounds substantial and noting the applicant moved immediately to seek consent without causing undue prejudice.

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 Board abridged the time for filing responses and interventions and directed the employer to provide a list of all employees in the bargaining unit in preparation for a likely representation vote.

The parties agreed to adjourn the applications sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matters will be deemed terminated if no request to proceed is made.

The applicant union applied for certification to represent a bargaining unit of radiation therapists and related staff at the responding party's cancer 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 responding party filed a late response to a certification application, indicating it was bound by a franchise agreement to respect a collective agreement but failing to attach it or provide contact details for the affected trade union.

The Board directed that the ballot box in the upcoming representation vote be sealed until further order and ordered the responding party to immediately provide the contact information for the trade union signatory to the collective agreement.

The applicant referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding party failed to remit fringe benefits on time.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the responding party liable for late payment damages and directed payment of $1,256.00 plus interest and the filing fee.

The applicant filed a reprisal complaint under section 50 of the Occupational Health and Safety Act against BBS Building Services Inc. During the hearings, it became clear that The Hudson Bay Company had an interest in the matter and could face liability.

The Board directed the applicant to file an amended application with sufficient particulars and serve it on both BBS and The Bay, adding The Bay as a responding party.

The Board also ordered that the evidence presented thus far be expunged and the case commence afresh.

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 unions agreed that the application would be determined by a representation vote among the employees in the bargaining unit.

To expedite the vote, the Board proposed abridging the usual time limits for filing responses and interventions, directing the parties to advise of any objections by July 30, 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.

The Board abridged the time for filing responses and interventions and directed the employer to provide the names and positions of all employees in the bargaining unit in preparation for a likely representation vote.

The applicant union filed an application 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 in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and directed the parties' attention to section 10(3) of the Labour Relations Act regarding the effect on any subsequent application filed within one year.

The applicant union brought an application under sections 69 and 1(4) of the Labour Relations Act, 1995, and referred a grievance to arbitration under section 133.

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

Having regard to the settlement, the Board issued declarations that the responding corporate entities and individual were related employers and bound by the relevant collective agreements.

The application against Marsand Contracting Inc. and the grievance referral were withdrawn with leave of the Board.

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 to resolve the matter.

The Ontario Labour Relations Board ordered the disbursement of the $889.00 held in trust by the Director in accordance with the settlement, with $700.00 paid to the employee, $89.00 to the employer, and $100.00 retained by the Consolidated Revenue Fund.

The application was terminated pursuant to section 69.1(5) of the Act.

The applicant trade union brought an application 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.

As there were no objections from any interested party, the Board ordered a representation vote to determine whether the applicant should succeed the predecessor union as the collective bargaining agent for the employees of the responding party employer.

The applicant filed a complaint alleging a violation of section 74 of the Labour Relations Act, 1995.

The responding union requested that the Board dismiss the application without a hearing on the basis that it did not make out a violation of section 74.

The Board directed the applicant to file submissions responding to the union's assertion and identifying any disputed paragraphs in the response and intervention before determining whether the matter ought to proceed to a consultation or hearing.

The applicant filed a duty of fair representation complaint under section 74 of the Labour Relations Act, 1995.

The responding union and an intervenor requested that the Board decline to inquire further, arguing that the applicant had already achieved her apparent remedy since two grievances had now been filed.

The Board directed the applicant to file submissions responding to this preliminary objection and clarifying the facts in dispute.

The union requested reconsideration of a decision dismissing its application under section 115.1 of the Labour Relations Act, 1995, which allows the Chair to terminate a proceeding if a decision is not issued within six months of the last hearing day.

The union argued it had no opportunity to make representations or adduce evidence before the dismissal.

The Board directed the union to file complete representations and evidence in support of its application.

The applicant, Ontario Public Service Employees Union, sought to withdraw its application against Toronto Preschool Autism Service and Surrey Place Centre.

The Ontario Labour Relations Board granted leave to withdraw the application.