Ontario Labour Relations Board

The Elementary Teachers' Federation of Ontario (ETFO) applied for certification to represent Early Childhood Educators employed by the Lakehead District School Board.

Following a successful representation vote, the Board considered whether ETFO held trade union status under the Labour Relations Act, 1995.

The Board found that ETFO is a trade union based on its designation under the Education Act and its constitution and by-laws.

A certificate was issued to ETFO, and a competing application by the Ontario Secondary School Teachers' Federation was dismissed.

The applicant employer sought a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the disbursement of the $943.50 held in trust by the Director, with $545.54 to the employee, $297.46 returned to the employer, and a $100 administration fee retained by the Consolidated Revenue Fund.

The applicant union applied to displace a bargaining unit of steeplejacks represented by the intervenor union in the ICI sector.

The intervenor argued that the applicant lacked status to bring the application because its designation order did not cover steeplejacks, relying on a previous Board decision.

The Board agreed, adopting the reasoning from the earlier decision that the applicant's general designation for restoration work did not overlap with the specific designation for steeplejacks.

The application for certification was dismissed.

The applicant employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board issued an order reflecting the settlement, directing the disbursement of funds held in trust to the employer, the employee, and the Consolidated Revenue Fund, and requiring the employee to return uniforms.

The matter was deemed terminated subject to any request for a hearing by the Ministry of Labour.

The union filed an unfair labour practice complaint alleging the employer eliminated bargaining unit work to avoid its collective agreement responsibilities.

The employer filed a jurisdictional dispute, asserting it properly assigned the work to another union's members for business reasons.

The Board noted that the jurisdictional dispute appeared premature as the union's right to the work must first be determined at arbitration.

Before deciding whether to adjourn the jurisdictional dispute and the unfair labour practice complaint pending arbitration, the Board directed the parties to file written submissions.

The applicant union filed applications under sections 1(4) and 69 of the Labour Relations Act, 1995, seeking a related employer declaration, and referred a grievance under section 133 alleging the underreporting of hours worked by an employee.

The responding parties failed to file a response to either application.

The Board deemed the facts stated in the applications to be accepted, declared the responding parties to be a single employer bound by the collective agreement, and ordered them to pay $30,000 in damages for the underreported hours.

The applicant, CAW National Union and its Local 1991, requested to withdraw its application against Alloy Wheels International (Canada) Ltd. and the Ministry of Labour.

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

The applicant, National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), requested to withdraw its application against Arnprior Your Independent Grocer.

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

The applicant union filed an application against the responding party.

On agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year.

The applicant requested to withdraw the application.

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

The Board held a hearing to determine whether 40 per cent or more of the employees in the bargaining unit were not represented by a bargaining agent immediately before the changeover date, pursuant to section 23(5) of the Public Sector Labour Relations Transition Act, 1997.

As the necessary information was not available, the Board directed the employer to produce payroll records and scheduled a further hearing and representation vote.

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

The Ontario Labour Relations Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken among the eligible employees.

The applicant sought to withdraw the application following an agreement between the parties.

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

The applicant union requested to withdraw its application.

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

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party's bargaining rights for a unit of employees at the Town of Midland.

Finding the application timely and that at least forty percent of the employees expressed a wish not to be represented by the trade union, the Board directed that a representation vote be taken.

The applicant failed to file written submissions as directed by the Board in a previous decision.

Consequently, the Board dismissed the application in Board File No. 1685-01-U. The Board also considered the responding parties' request to impose a one-year bar on future applications by the applicant due to abuse of process.

While the Board found the applicant's multiple unmeritorious applications constituted an abuse of process, it declined to impose a formal bar or require leave for future applications at this time, warning that further unmeritorious litigation could change this view.

The applicant requested to withdraw the application via correspondence.

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

The applicant filed a complaint alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995 by withdrawing his grievances concerning a denied promotion and his subsequent termination.

The union had sought a legal opinion, which concluded that the grievances were unlikely to succeed at arbitration due to the applicant's short tenure, substantial disciplinary record, and complaints from fellow employees.

The Board found that the union turned its mind to the grievances, considered relevant information, and did not act in a manner that was arbitrary, discriminatory, or in bad faith.

The application was dismissed.

The applicant union applied for a declaration under section 68 of the Labour Relations Act, 1995, that it had acquired the bargaining rights of the predecessor union.

The Board previously directed submissions regarding a discrepancy in the transfer agreement, which referred to 'IAM and it's Local 905' rather than the applicant's full name.

The applicant submitted that this was a short form reference and that employees desired representation by the applicant.

Noting that the transfer agreement and application were posted in the workplace without any employee objections, the Board was satisfied that the applicant had acquired the rights, privileges, and duties of the predecessor union.

The Board issued the requested declaration.

The Ministry of Labour requested that the union's appeal regarding ergonomic concerns be summarily dismissed as moot because the employer is bankrupt.

The Ontario Labour Relations Board directed the other parties to file submissions in response to the Ministry's request.