Ontario Labour Relations Board

The applicant employer applied for 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 according to the settlement, with $1,200 paid to the employee, $14.35 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

The Ontario Labour Relations Board issued a decision to correct an inadvertent error in its previous decision dated December 10, 2001.

The Board deleted paragraph 3 of the prior decision, confirmed that the applicant appeared to have the required 40 percent support based on the material filed, and directed that the polls for the representation vote remain open from 4:00 p.m. to 6:30 p.m.

The Ontario Labour Relations Board issued a decision on agreement of the parties to cancel a representation vote scheduled for December 12, 2001, and reschedule it to December 13, 2001.

All other conditions from the Board's previous decision remained the same.

The applicant trade union applied for certification in the construction industry.

Following a representation vote, the parties agreed to dismiss the application.

The Ontario Labour Relations Board dismissed the application on consent and ordered a one-year bar on any new application for certification by the applicant or affected employees pursuant to section 111(2)(k) of the Labour Relations Act, 1995.

The applicant union filed two applications against the responding party employer.

Having regard to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the applications.

The applicant filed a duty of fair representation complaint against his union, alleging it failed to properly process numerous harassment grievances and improperly settled his recall grievances without his consent.

The Board dismissed the complaint regarding the older harassment grievances due to the applicant's undue delay in bringing the application.

Regarding the recall and sick leave grievances, the Board found the union acted reasonably and not in an arbitrary, discriminatory, or bad faith manner.

The union had negotiated a settlement for the recall grievances after reasonably concluding it could not establish that work was available for the applicant given his medical restrictions.

The union requested that the Board set additional dates and times for employees to cast ballots.

The Board directed the other parties to respond to the request by delivering submissions by a specified deadline.

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 no request to proceed is made.

In an application before the Ontario Labour Relations Board, the Sault Ste.

Marie Professional Fire Fighters Association, Local 529, requested an extension of time to file a response.

The Board granted the request, extending the deadline to December 21, 2001, noting that the hearing had not yet been scheduled and the Labour Relations Officer's report was not due until January 2002.

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 applicants filed an application alleging a violation of section 74 of the Labour Relations Act, 1995, claiming the union settled grievances without seeking their approval and without securing tuition reimbursement.

The union requested the application be dismissed for failing to disclose a prima facie case.

The Board directed the applicants to provide written submissions in reply to specific paragraphs of the union's response before ruling on the motion to dismiss.

The applicant, United Steelworkers of America, requested to withdraw its application against Stellarc Precision Bar Inc. The Ontario Labour Relations Board granted leave to withdraw the application.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party did not file a formal response but submitted a letter raising concerns about jurisdiction, geography, and administrative difficulties.

The Board found that the applicant had the requisite membership support and that the responding party's concerns were not reasons to delay or deny a representation vote.

The Board defined the appropriate bargaining unit and ordered a representation vote to be held.

The responding party requested an extension of time to file its response.

The Board granted the extension to December 21, 2001.

The applicant attempted to file an application alleging a violation of section 74 of the Labour Relations Act, 1995, but failed to deliver a copy to the responding party or the employer.

The Registrar advised the applicant to re-submit a properly completed application within 10 days.

The applicant failed to respond.

The Board dismissed the application without prejudice to the filing of a fresh, properly completed application.

The applicant trade union applied for certification to represent a bargaining unit of employees of the Waterloo Region District School Board.

The responding party disputed the applicant's estimate of the number of employees and the appropriateness of the proposed bargaining unit, specifically arguing that cafeteria workers and hall monitors should not be in the same unit.

The Ontario Labour Relations Board found that the proposed bargaining unit could be appropriate and that the applicant had sufficient membership support.

The Board directed a representation vote, with the ballots of cafeteria workers and hall monitors to be segregated.

The applicant union referred a grievance to the Ontario Labour Relations Board regarding unpaid contributions.

Prior to the hearing, the parties entered into a Memorandum of Agreement settling the matter.

The Board issued a consent order incorporating the terms of the settlement, which included declarations that the responding party was bound by the collective agreement, had violated it, and was ordered to pay $17,111.92 in damages for outstanding contributions.

The applicant union requested leave to amend its application under sections 69 and 1(4) of the Labour Relations Act, 1995 to add Haley Industries Limited and Trimag L.P. as responding parties.

The Board granted the request and extended the terminal date to allow the newly added parties to file responses.

The Ontario Labour Relations Board granted a request by the parties to adjourn several scheduled hearing dates.

The Board confirmed the remaining dates and directed the applicant to advise by January 25, 2002, whether the matters would proceed.

If proceeding, the remaining dates would be peremptory on all parties; otherwise, they would be adjourned sine die.

The applicant, International Brotherhood of Electrical Workers, Local 105, sought to withdraw its application against Delta Catalytic Industrial Services Ltd. The Ontario Labour Relations Board granted leave to withdraw the application.