Ontario Labour Relations Board

The applicant union brought an unfair labour practice complaint alleging that the responding party employer violated the Labour Relations Act, 1995 by terminating the employment of a striking employee.

The employee had thrown altered fireworks onto the employer's property during a lawful strike, causing a police bomb squad response and a highway closure.

The Board found no evidence of anti-union animus to support a violation of sections 72 or 76.

Applying the non-motive test for section 70, the Board concluded that the termination did not interfere with any protected union activity, as the employer's decision was based solely on the employee's dangerous conduct.

The application was dismissed.

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 and proposed a different bargaining unit, but agreed that the ballots cast in the representation vote should be counted.

The Board found that the applicant had the requisite membership support and directed that a representation vote be taken among the employees in the voting constituency.

The applicant filed an application against the responding union.

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

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 union brought an application against the responding party employer.

Having regard to the agreement of the parties, the Ontario Labour Relations Board ordered the application withdrawn.

The parties reached a settlement regarding two applications before the Ontario Labour Relations Board.

Having regard to the correspondence received from the parties, the Board noted that the applications were settled.

The applicant union filed an application for certification.

Following a representation vote directed by the Board, the union failed to secure more than fifty per cent of the ballots cast by employees in the bargaining unit.

Consequently, the Ontario Labour Relations Board dismissed the application and directed the parties' attention to the potential one-year bar on subsequent applications under section 10(3) of the Act.

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 applicant union applied for certification.

On the taking of the representation vote, not more than fifty per cent of the ballots were cast in favour of the applicant.

The Board dismissed the application for certification and directed the parties' attention to section 10(3) of the Labour Relations Act, 1995 regarding subsequent applications.

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 employees of the responding party.

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

The Board directed that a representation vote be taken, with disputed ballots regarding students to be segregated.

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 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 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 Ontario Public Service Employees Union applied for certification to represent security officers at Windsor Racetrack Slots.

The Ontario Labour Relations Board found the applicant to be a trade union and determined the appropriate bargaining unit.

Based on the membership evidence, the Board directed a representation vote.

Although the employer gave notice under section 8.1 of the Labour Relations Act, 1995 disagreeing with the union's estimate of employees, the Board found the union had more than 40% membership and directed that the ballot box not be sealed.

Board Member Ronson dissented, arguing the ballot box should be sealed under subsection 8.1(4).

The Ontario Nurses' Association filed an application against West Park Hospital and Extendicare.

The parties reached a settlement, and the Ontario Labour Relations Board subsequently terminated the application.

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 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 applicant employer appealed an Employment Standards Officer's decision to issue an Order to Pay.

The parties entered into minutes of settlement agreeing to distribute the monies held in trust, with $2,100 to the respondent employee and the balance to the applicant.

The employer also agreed to withdraw a related statement of claim.

The Board directed the Director of Employment Standards to distribute the trust funds in accordance with the settlement and returned the administrative fee to the employer.

The applicant requested to withdraw the application via a letter from counsel.

The Ontario Labour Relations Board ordered the application withdrawn.