Ontario Labour Relations Board

The applicant union sought certification for a bargaining unit of employees at Walkerton and District Community Support Services.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board certified the union as the bargaining agent for the agreed-upon bargaining unit.

The applicant filed an application under section 96 of the Labour Relations Act, 1995 alleging a breach of section 74.

The employer asserted that its labour relations are federally regulated, depriving the Board of jurisdiction.

The Board directed the parties to file brief submissions and supporting documentary evidence regarding jurisdiction before proceeding further.

The applicant requested an adjournment of the scheduled hearing because efforts to contact the responding party, Terry Richards, were unsuccessful.

The Ministry of Labour consented to the adjournment.

The Board granted the request and adjourned the hearing to a date to be set by the Registrar.

The union applied for certification in the construction industry.

A representation vote was held, and the eligibility of three carpenters to vote was challenged.

The union argued the carpenters were hired by the site superintendent on behalf of the employer.

The Board found the superintendent lacked actual authority to hire and that the employer had not made any representation to clothe him with ostensible authority.

Consequently, the carpenters were not employees of the responding party.

As the union could not demonstrate 40 percent membership support among the remaining eligible voters, the application for certification was dismissed under section 8.1 of the Labour Relations Act.

The applicant and the Ministry of Correctional Services entered into Minutes of Settlement following mediation efforts.

Based on the settlement, the applicant requested the withdrawal of the appeal and applications.

The Board granted the request and the proceedings were withdrawn.

The applicants, OPSEU and Deborah Haring, brought an application under section 61(1) of the Occupational Health and Safety Act against the Ministry of the Solicitor General & Correctional Services and an Inspector.

The parties engaged in mediation and reached Minutes of Settlement addressing health and safety concerns arising from illicit drug use by inmates at the Maplehurst Complex.

The Board issued declarations and orders incorporating the settlement, which required the employer to develop operating procedures for suspected drug use, report quarterly on the effectiveness of unit searches, and consult with the Joint Occupational Health and Safety Committee.

The Board remained seized of any issues regarding the interpretation of the settlement.

The applicant filed an application before the Ontario Labour Relations Board against the responding party union.

The application was withdrawn with leave of the Board.

The Ontario Labour Relations Board issued a decision amending the style of cause in the application to list the specific responding parties.

The applicant, The Ontario English Catholic Teachers’ Association, sought to withdraw its application against the responding parties.

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

The City of Hamilton and the Hamilton Professional Firefighters Association requested that hearing dates scheduled for one Board file be used for a different Board file.

The Greater Hamilton Volunteer Firefighters Association opposed the request.

The Board granted the request, scheduling the new application for the requested dates and cancelling another date on consent.

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

The Board granted leave to withdraw the application and cancelled all previously set meeting and hearing dates.

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

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

The applicant trade union filed an application under section 96 of the Labour Relations Act, 1995, alleging that the responding party employer violated section 96(7) by failing to comply with Minutes of Settlement.

The applicant requested that the Board decide the matter based on the materials filed, as the responding party failed to file a response.

The Board noted that the application did not assert that the settlement arose out of a 'proceeding under this Act', which is a necessary precondition for jurisdiction under section 96(7).

The Board directed the applicant to file submissions indicating the basis for the Board's jurisdiction.

The applicant union filed a grievance referral against the responding party employer.

On consent of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

The applicant filed a complaint alleging that his discharge violated section 50(1) of the Occupational Health and Safety Act.

The applicant claimed he was unjustly terminated based on false accusations of sexual harassment following a workplace dispute with a co-worker.

The Board dismissed the application on a preliminary basis for failing to make out a prima facie case, finding that the applicant did not allege any causal connection between his termination and the exercise of rights under the Act.

The applicant filed an application for certification on November 27, 2001.

The Board's Confirmation of Filing incorrectly stated the application date was November 28, 2001.

The Board issued a decision confirming the correct application date and directed the Registrar to deliver an amended form to the parties.

The parties filed a joint application for the Board's consent to the early termination of their collective agreement.

Notices of the application were posted at the employer's premises to alert affected employees.

As no objections were filed by the deadline, the Board granted its consent to the early termination of the collective agreement.

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 statements of desire to make representations filed, the Ontario Labour Relations Board ordered that a certificate issue to the applicant for the agreed-upon bargaining unit.

The responding party, Wildfire Grille, requested an adjournment of the scheduled hearing on the basis that its counsel was unavailable.

The Ministry of Labour consented, but the applicant's consent was not obtained.

The Ontario Labour Relations Board denied the request, noting that it does not adjourn scheduled hearings to accommodate counsel and that the straightforward matter could easily be assumed by another lawyer.

Four directors appealed separate orders to pay issued against them under the Employment Standards Act.

Three of the directors failed to appear at the hearing, and their appeals were dismissed.

The remaining director, who appeared self-represented, entered into Minutes of Settlement with the Ministry of Labour regarding the outstanding balance of the orders to pay.

The adjudicator dismissed the remaining director's appeal subject to and in accordance with the terms of the settlement agreement.