Ontario Labour Relations Board

The applicant filed a complaint alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995.

The union and employer requested the application be dismissed for failing to plead a prima facie case.

The Board dismissed the portion of the complaint relating to the union's failure to strictly follow grievance timeframes, finding no arguable breach.

However, the Board found the applicant pleaded a prima facie case regarding the union's alleged failure to provide sufficient notice of an arbitration hearing, which proceeded in his absence and resulted in a settlement.

The matter was directed to be scheduled for consultation on that single issue.

The Ontario Labour Relations Board issued a corrigendum to correct the number of the responding party local in several paragraphs of a decision previously issued on October 12, 2001.

The applicant filed a request for reconsideration of a prior Board decision but failed to deliver the request and the required Notice of Request for Reconsideration to the responding parties.

The Board directed that it would not consider the request until the documents were properly delivered and an amended Certificate of Delivery was filed.

The applicant union applied for certification in the construction industry.

The Board previously directed a representation vote and noted the employer's response was filed on time.

The applicant subsequently requested that the Board disregard the response because it was filed after 5:00 p.m. on the due date.

The Board exercised its discretion under Rules 41 and 44 of its Rules of Procedure to relieve against the strict application of the rules, noting that the response was received in time to be considered before the vote decision and the applicant alleged no prejudice.

The Board accepted the late response.

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 matter will be deemed terminated if neither party requests to proceed.

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

The Ontario Labour Relations Board granted the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if no request to proceed is made.

The applicant union applied for a declaration of a sale of business under section 69 of the Labour Relations Act following the creation of a new transit authority.

The parties entered into a memorandum of settlement agreeing to a bargaining unit description and a representation vote between two unions.

Following a representation vote in which the applicant union won the majority, the Board terminated the proceeding in accordance with the settlement.

The applicants applied under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party's bargaining rights.

The Board found the application timely and that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken.

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

The Board granted leave and the application was withdrawn.

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

The Ontario Labour Relations Board found the applicant to be a trade union under the Labour Relations Act, 1995, based on a prior Registrar's certificate.

Finding that at least forty percent of the individuals in the agreed-upon bargaining unit were members of the union, the Board directed that a representation vote be held.

The applicant was directed by the Registrar to file an application in accordance with the Board's Rules within 10 days.

The applicant failed to file the application within the specified time.

Consequently, the Ontario Labour Relations Board terminated the application.

The applicant filed an employment standards appeal.

The Ministry of Labour advised the Board that the Director of Employment Standards had not received the required payment from Dr. Gerry Walman.

Consequently, pursuant to a prior Board decision, the appeal was terminated.

The applicant filed a reprisal complaint under section 50 of the Occupational Health and Safety Act.

The responding party requested that the Board dismiss the application on a prima facie basis because it provided no details, facts, or information to support the allegations.

The Board found that the application did not contain any factual basis for a complaint and dismissed it without a hearing pursuant to Rule 46 of the Board's Rules of Procedure.

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 matter will be deemed terminated if no party requests to proceed.

The applicant filed an application but failed to respond to the Board's direction to file submissions concerning delay and certain allegations in the responding party's response.

The Board deemed the applicant to agree with the responding party's allegations and found the applicant failed to explain the excessive delay.

The application was dismissed.

The applicant requested to re-list the applications for hearing within the one-year sine die adjournment period previously granted by the Board.

The responding party resisted the request, alleging unreasonable delay and seeking dismissal.

The Board held that the applicant's request was timely and that it was not obligated to explain the timing.

The Board directed that the matters be re-listed for hearing.

The applicant trade union applied for certification to represent a bargaining unit of security guards employed by the responding party.

The Ontario Labour Relations Board found that the applicant is a trade union and that the proposed bargaining unit is appropriate.

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

The Board received an application for reconsideration from a proposed intervenor, the International Brotherhood of Electrical Workers Local 773.

The proposed intervenor requested intervenor status and that the application be combined with two other Board files.

The Board directed the applicant and responding party to file responses to the application for reconsideration and the requests, and set a schedule for submissions.

The Ontario Labour Relations Board directed the applicant to deliver a copy of his statement dated October 1, 2001, to counsel for the union within 10 days.

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 matter will be deemed terminated if neither party requests to proceed.