Ontario Labour Relations Board

The appellant appealed under section 61 of the Occupational Health and Safety Act.

Having regard to the agreement of the parties, the Ontario Labour Relations Board adjourned the appeal sine die, noting it would be deemed terminated if no party requested to proceed within one year.

The applicant filed an application alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act regarding a promotion grievance.

The union and employer requested the application be dismissed for failing to make out a violation.

The Board found that while the applicant's allegations of conspiracy and a falsified application for promotion would be difficult to prove, the application could not be dismissed at this preliminary stage.

The matter was referred to the Registrar to be scheduled for a consultation.

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

The Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that it appeared to have the requisite membership support of not less than forty percent in the proposed bargaining unit.

The Board directed that a representation vote be taken of the eligible employees in the voting constituency.

The Board also addressed a proposed clarity note regarding youth participants and directed that any disputed ballots be segregated.

The applicant union filed an application for certification.

A representation vote was held, and not more than fifty percent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

As a result, the Ontario Labour Relations Board dismissed the application for certification.

The Board directed the parties' attention to section 10(3) of the Act regarding the effect of the dismissal on any subsequent applications filed within one year.

The applicant union applied for certification in the construction industry.

A representation vote was held, and the union challenged eight ballots on the basis that the individuals were not at work in the bargaining unit on the application date, were independent contractors, or were managerial.

The responding party failed to ensure the attendance of six of the challenged individuals at the hearing, resulting in the union's challenge being upheld for those six.

For the remaining two individuals, the responding party failed to lead evidence that they were at work on the application date, while the union led evidence that they were not.

The Board upheld the union's challenge to all eight ballots.

As more than fifty percent of the valid ballots were cast in favour of the union, a certificate was issued.

The applicant union and responding party employer agreed to adjourn the hearing scheduled for November 7, 2001.

The Ontario Labour Relations Board granted the adjournment, with the matter to be rescheduled by the Registrar after November 30, 2001.

The applicants filed duty of fair representation complaints against their union for failing to pursue their grievances to arbitration.

The grievances alleged that the employer improperly denied them the right to bump junior employees in a different classification following a layoff.

The union decided not to pursue the grievances based on a uniform past practice requiring employees to have previously performed a job for the employer to be considered qualified to bump into it.

The Board dismissed the applications, finding that the union had honestly considered the merits of the grievances and that its decision was not arbitrary, discriminatory, or in bad faith.

The applicant requested to withdraw its application.

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

The applicant union applied for certification to represent volunteer firefighters of the responding party municipality.

Following a representation vote where more than fifty percent 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.

The union filed grievance referrals and a successor/related employer application against the employer and responding party.

Prior to the hearing, the parties entered into a Memorandum of Settlement wherein they agreed that the responding party is a successor employer bound by the relevant collective agreements, and agreed to a payment schedule for $50,000 in unpaid contributions.

The Ontario Labour Relations Board issued a consent order incorporating the terms of the settlement.

The Board previously directed the parties to advise whether they wished a reference under the Hospital Labour Disputes Arbitration Act to be listed for a hearing, as the matter had been adjourned for over a year.

Having received no response, the Board indicated it would terminate the reference and close the file, subject to any objection from the Minister of Labour within ten days.

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

Following a representation vote where more than fifty percent 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 certified the applicant as the bargaining agent for the agreed-upon bargaining unit.

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 funds held in trust by the Director to be disbursed in accordance with the settlement, with $2,750.00 paid to the employee and $2,130.26 returned to the employer.

The applicant union applied for certification.

Following a representation vote where more than fifty percent 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.

The applicant union requested that its grievance referral be heard together with its related employer and sale of business applications.

The union also requested that the additional employers named in the related employer application be added as responding parties to the grievance referral.

The Board directed that the applications be listed for hearing together.

The Board deferred consideration of the request to add the additional employers to the grievance referral until after the related employer application is considered, noting that the union had not filed an amended Certificate of Delivery for those employers.

The Ontario Labour Relations Board issued a procedural direction regarding a representation vote for two competing applications for certification.

The Board clarified that despite two Notices of Vote being posted, only one vote would be held with a single ballot offering choices for CAW Canada, SEIU Local 183, and 'no union'.

The responding party requested that the application be dismissed without a hearing or consultation pursuant to section 46 of the Board's Rules of Procedure.

After reviewing the application and the applicant's submissions, the Board declined the request to dismiss.

The responding party was directed to file its response, and the matter was referred to a Labour Relations Officer for a meeting with the parties.

The applicant requested an adjournment of the hearing scheduled for November 6, 2001.

As no one appeared on behalf of the responding party, the Ontario Labour Relations Board granted the request and adjourned the hearing to November 23, 2001.

The applicant union applied for certification.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statement 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 applicant, through counsel, requested to withdraw the application.

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