Ontario Labour Relations Board

The Ontario Labour Relations Board granted an extension of time for the responding party to file its submissions, setting a new deadline of December 4, 2001.

In these termination applications, the Board addressed correspondence regarding particulars and pre-hearing production.

The Board found the particulars filed by the union generally sufficient, but ordered further details regarding dates of alleged statements and the identity of a management member.

Regarding document production, the Board held that most documents sought from the applicants were protected by solicitor-client privilege, requiring only the disclosure of the date of first contact with counsel.

The employer was directed to produce records of monies paid to the applicants during specific pay periods and to clarify its position regarding certain expenses.

The applicant requested to withdraw its application following a settlement reached between the parties.

The Ontario Labour Relations Board granted the request and the application was withdrawn with leave of the Board.

The applicant union filed an application for certification to represent employees of the responding party.

The Board found the applicant to be a trade union within the meaning of the Labour Relations Act, 1995, based on a previous finding.

Having determined that the applicant filed membership evidence for not less than forty percent of the individuals in the agreed-upon bargaining unit, the Board directed that a representation vote be taken.

The Board received a request for reconsideration of its November 9, 2001 decision.

Because the previous decision directed that monies held in trust be paid out, the Board revoked that decision pending consideration of the request for reconsideration.

The applicant and responding party employee were directed to file any responding submissions within two days.

In an application for certification, the parties disputed whether the Billing/Systems Coordinator and Finance Clerk should be excluded from the bargaining unit under s. 1(3)(b) of the Labour Relations Act, 1995 for exercising managerial functions or acting in a confidential capacity regarding labour relations.

The Board found that neither employee exercised managerial functions or had regular material involvement in confidential labour relations matters.

The Board also determined that the bargaining unit description should not include the word 'technical'.

Both employees were included in the bargaining unit.

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

Having regard to the agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year.

The applicant filed a duty of fair representation complaint against the union regarding its handling of his termination grievance and a grievance for termination and severance pay.

The union brought preliminary motions to dismiss the application.

The Board found that the union's decision to withdraw the termination grievance was based on a reasonable assessment of its merits and the applicant's failure to communicate.

The Board dismissed the complaint regarding the termination grievance for failing to disclose a prima facie case, and dismissed the complaint regarding the severance pay grievance as premature because it had already been referred to arbitration.

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

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

The applicant union filed multiple applications under the Labour Relations Act, 1995 against various responding parties, including Central Park Lodges Ltd. and Canadian Health Care Workers.

The Ontario Labour Relations Board ordered that the new applications be set down with the current applications.

The Board cancelled a previously scheduled hearing and instead scheduled a consultation for pre-hearing case management to define issues, determine evidence, and set dates for a prompt hearing.

The Ontario Labour Relations Board issued a decision correcting an error in the dates set for a representation vote among instructors at the Ontario Police College and other specified employees.

The correct dates for the vote are from November 26, 2001, to December 7, 2001.

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

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

The responding party employer filed a notice under section 8.1 of the Act, disputing the applicant's estimate of employees at work and the proposed bargaining unit description, and asserting the applicant was not entitled to a province-wide bargaining unit in the ICI sector.

The Board declined to determine the appropriate bargaining unit at this stage but directed a representation vote for the largest possible voting constituency, ordering that the ballots be segregated and the ballot box sealed pending resolution of the disputes.

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 application will be deemed terminated if no request to proceed is made.

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 application would be deemed terminated if neither party requested to proceed.

The applicant union applied for certification to represent construction labourers employed by the responding party.

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 granted the application and directed that a certificate issue.

The applicant union and responding party 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 filed an application for religious exemption under section 52 of the Labour Relations Act, 1995, seeking to have his union dues remitted to a charitable organization instead of the union.

The parties reached a memorandum of agreement whereby the employer would remit the applicant's union dues to the Steelworkers Humanity Fund.

Pursuant to the agreement, the application was withdrawn by leave of the Board.

The applicant sought to withdraw the application pursuant to minutes of settlement concluded by the parties.

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

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 agreeing to the disbursement of funds held in trust by the Director.

The Ontario Labour Relations Board ordered the funds disbursed in accordance with the settlement and terminated the application pursuant to section 69.1(5) of the Act.