Ontario Labour Relations Board

In a certification application, the Ontario Labour Relations Board issued a decision to correct a clerical error in the Notice of Vote.

The final date for post-vote submissions was amended from January 2, 2002, to January 3, 2002.

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

The employer filed a jurisdictional dispute and sought to defer the matters to arbitration, arguing the collective agreement explicitly contemplated the elimination of the composing room due to technological change.

The Board found the dispute to be primarily contractual rather than a total repudiation of the bargaining process.

The Board deferred the unfair labour practice complaint and jurisdictional dispute to arbitration and adjourned the matters sine die.

The applicant union applied for certification and a representation vote was held.

Several employees objected to the results, complaining about the short notice period between notification and the vote.

The Board dismissed the objections, noting that the Labour Relations Act requires a vote within five days of the application and there is no requirement for the union to provide advance notice or hold information meetings.

As more than fifty percent of the ballots were cast in favour of the union, the Board ordered that a certificate issue.

The Ontario Labour Relations Board issued a procedural decision extending the time for the filing of any responses or interventions to January 7, 2002.

The applicant union brought an application for certification and an unfair labour practice complaint under section 96 of the Labour Relations Act, 1995.

Following a representation vote where the applicant received fewer than 50% of the ballots cast, the Board directed the applicant to provide particulars requested by the responding parties or file written objections.

The Board also noted a potential issue regarding the appropriate bargaining unit, as the applicant is not an affiliated bargaining agent, and deferred final determination of this issue to the continuation of the hearing.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party trade union no longer represents the employees in the bargaining unit.

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

The Board directed that a representation vote be taken.

The Ontario Labour Relations Board adjourned the matter to February 8, 2002, on the agreement of the parties.

The panel noted it was not seized of the matter.

The Board considered the order of proceedings for multiple applications involving the Carpenters' Union and Scarborough Town Centre Holdings Inc. The employer sought to have its non-construction employer application heard before the union's single employer/successor employer application.

The Board determined it lacked jurisdiction to entertain the non-construction employer application until bargaining rights were established, and ordered that the single employer/successor employer application be heard first.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

Prior to the hearing, the parties entered into a Memorandum of Agreement settling the matter.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated its terms, and directed the payment of $13,274.22 in damages according to an agreed schedule.

The applicant filed complaints alleging that his employer terminated him contrary to the Occupational Health and Safety Act for raising safety concerns, and that his union breached its duty of fair representation by failing to grieve the dismissal.

The applications were brought more than 18 months after the applicant left the workplace.

The Board declined to inquire into the complaints due to the excessive delay, noting that the applicant's own documents contradicted his claims and showed he had been pursuing other avenues for compensation during the delay period.

The applications were dismissed.

The applicant union filed a certification application.

The Board previously ordered a representation vote but the accompanying Notice of Vote contained an error regarding the final date for post-vote submissions.

The Board issued this decision to amend the Notice of Vote, correcting the final date for post-vote submissions to December 28, 2001, and directed that the decision be posted alongside the previous decision.

The applicant employers sought a review of an Order to Pay issued by an Employment Standards Officer under section 68 of the Employment Standards Act.

The employers and the respondent employee subsequently entered into Minutes of Settlement to resolve the matter.

The Ontario Labour Relations Board ordered the disbursement of the $3,332.77 held in trust by the Director in accordance with the settlement terms, and terminated the application pursuant to section 69.1(5) of the Act.

The applicant union filed a referral of grievance and a related employer/sale of business application against the responding parties.

The applicant requested that the matters be consolidated and waived the time limits for the grievance referral.

The responding party requested an extension of time to file responses.

The Board ordered that the matters be processed together for all purposes and granted the responding party an extension of time to file replies.

The parties agreed to adjourn the hearing of the employment standards appeal.

The Board adjourned the matter to a date to be set by the Registrar.

The applicants filed complaints alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995, by failing to pursue their re-classification grievances.

The union requested an extension of time to investigate the complaints.

The successor employer, St. Joseph's Health Care, London, requested to be removed from the proceedings, arguing the grievances arose when the Crown was the employer.

The Board granted the union's request for an extension to file its response and directed the parties to file submissions regarding the employer's request to be removed.

The Ontario Labour Relations Board ordered that the matter be adjourned to a date to be set by the Registrar.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

The responding party employer failed to file a response or notice of intent to defend.

Applying its Rules of Procedure, the Board deemed the employer to have accepted the facts in the application.

The Board declared the employer bound by the collective agreement, found it had violated the agreement, and ordered it to pay $6,086.54 in damages and $214.00 in statutory costs.

The applicant filed a duty of fair representation complaint against the union for failing to arbitrate a grievance regarding his termination.

Following a consultation, the Board reserved its decision on consent until January 15, 2002, to allow the applicant time to decide whether to withdraw the application or have the Board issue its decision.

The applicant union filed an application under the Public Sector Labour Relations Transition Act, 1997 following the amalgamation of two hospitals into the North Wellington Health Care Corporation.

The parties entered into Minutes of Settlement agreeing on the application of the Act, the predecessor employers, and the appropriate bargaining unit descriptions.

The Board issued declarations in accordance with the settlement and ordered representation votes for the agreed-upon bargaining units.

The applicant requested an extension of time to file materials on consent of the responding party.

The Board granted the request, extending the applicant's filing date to December 21, 2001, and the responding party's filing date to January 7, 2002.