Ontario Labour Relations Board

The employer applied for a review of an Order to Pay issued by an Employment Standards Officer.

The employer and the employee entered into Minutes of Settlement agreeing to the disbursement of funds held in trust by the Director.

The Board ordered the funds disbursed in accordance with the settlement, subject to any written objection by the Ministry of Labour within 10 days, and terminated the application.

The applicant filed an unfair representation complaint against the trade union.

The union brought a preliminary motion to dismiss the application for delay, noting the events occurred by April 2000 but the application was not completed until October 2001.

The Board directed the applicant to confirm the date of the events and provide an explanation for the delay before ruling on the union's motion to dismiss.

The responding parties in a grievance proceeding requested the production of documents and particulars relating to the union's out-of-work list, members' qualifications, work history, and union dues.

The Ontario Labour Relations Board directed the applicant union to file its submissions regarding the request by a specified date.

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

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

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

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

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Act.

The Board found that the applicant had the requisite membership support to order a representation vote for the proposed bargaining unit of plumbers and plumbers' apprentices.

The Board directed that a representation vote be held and, given the section 8.1 notice, ordered the ballot box to be sealed.

The responding party, Lardale Construction Inc., requested reconsideration of the Board's previous decision to recuse itself from hearing the matter.

The Board accepted that the parties were not given an adequate opportunity to make submissions on the recusal issue.

Consequently, the Board rescinded its recusal decision and directed the parties to file submissions on whether the panel should recuse itself and refer the matters to a different panel.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to remit required contributions and deductions.

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 declared that the employer violated the collective agreement and ordered it to post a $10,000 surety bond, pay $450 in costs, and pay $214 pursuant to section 133(13) of the Act.

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, agreeing to disburse the $11,000 held in trust by the Director.

The Board ordered the funds disbursed in accordance with the settlement, with $8,000 paid as a retiring allowance to the employee, $2,000 returned to the employer, and $1,000 retained by the Consolidated Revenue Fund.

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

Following a municipal amalgamation, the Board held a hearing to determine whether 40 percent of the employees in the agreed bargaining unit were unrepresented by a bargaining agent immediately before the changeover date.

The Board found that 17 out of 43 employees (39.5%) were unrepresented.

Because the Board does not round up percentages, the 40 percent threshold was not met.

Consequently, the representation vote ballot would only include the choice between the two competing unions, OPSEU and UAW, without a 'no union' option.

The applicant union filed a certification application and a related employer/sale of business application under the Labour Relations Act, 1995.

By consent, the Board declared G.E.W. Group Inc. and Lion-Share Solutions Inc. to be one employer.

Following a representation vote where not more than 50% of the ballots were cast in favour of the union, the Board dismissed the certification application.

The related employer application was terminated.

The applicant union referred a grievance to the Board regarding the responding party's failure to remit employee benefit fund contributions under the Carpenters' Provincial Collective Agreement.

The responding party failed to appear at the hearing.

Based on the evidence, the Board found the employer violated the collective agreement and ordered the payment of $10,218.89 in unpaid contributions, plus $749.00 in filing fees and $1,000.00 in costs.

The applicant and responding party agreed to adjourn the application.

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

The applicant union filed a grievance alleging that the responding party employer discharged the grievor without just cause.

The grievor, a construction labourer, was absent from work for several days without notifying the employer.

Upon his return, he arrived late and responded to his foreman's inquiries with insubordination.

The employer discharged him.

The Board found that while the grievor's conduct warranted significant discipline, discharge was an excessive response.

The Board substituted a suspension for the balance of the week and the entire following week, and ordered the employer to compensate the grievor for lost wages for the remainder of his expected employment period.

The applicant sought a review of an employment standards officer's decision under the Employment Standards Act.

The applicant resigned after the employer failed to pay her correct wages and holiday pay over several weeks, and refused to pay money owed despite an agreement regarding her hours.

The Board found that the employer's failure to pay wages constituted a fundamental breach of the employment contract, resulting in constructive dismissal.

The employer was ordered to pay termination pay, outstanding wages, and interest.

The applicant union applied for certification to represent registered practical nurses employed by the responding party nursing home.

Following a representation vote, the parties resolved the remaining dispute regarding the inclusion of the Director of Restorative Care in the bargaining unit, agreeing the position was included.

As more than fifty percent of the ballots cast were in favour of the applicant, the Board ordered that a certificate will issue to the applicant.

The International Brotherhood of Electrical Workers, Local 773 (IBEW) sought reconsideration of a certificate issued to the Construction Workers Local 53 (CLAC) for a bargaining unit of electricians employed by Fahringer Mechanical Contractors Limited.

The IBEW also filed an unfair labour practice complaint under section 96 of the Labour Relations Act, alleging that the employer sought out and chose CLAC as the bargaining agent for its employees.

The Board found that the allegations were of sufficient gravity to warrant entertaining the late application for reconsideration and the section 96 complaint, as employer participation in the formation or administration of a trade union strikes at the heart of the Act.

The Board directed the Registrar to set all related files down for a hearing.

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

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

The applicant requested to withdraw the application.

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

The applicant requested to withdraw the application via correspondence.

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