Ontario Labour Relations Board

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots were cast in favour of the applicant.

The responding party requested that the Board amend its name in the style of cause before dismissing the application.

The Board declined to amend the name, finding it unnecessary to conduct a hearing on the issue since the application was being dismissed.

The application for certification was dismissed, and a one-year bar under section 10(3) of the Act was noted.

The appellant worker appealed an inspector's decision under section 43(8) of the Occupational Health and Safety Act that his workplace was not likely to endanger him.

After the first day of the hearing, the employer transferred the appellant to a new work location due to downsizing.

The responding parties moved to dismiss the appeal for mootness.

The Board found the issue had become academic and dismissed the appeal without prejudice to the appellant's right to recommence it if returned to the original workplace.

The applicant trade union filed a displacement application for certification.

The responding party employer disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The majority of the Board found that the numerical difference between the parties was not significant and that the applicant had established sufficient membership support to obtain a representation vote and have it counted.

The Board directed a representation vote.

One Board member dissented, arguing that section 8.1(4) required the ballot box to be sealed.

The Ontario Labour Relations Board issued an oral decision directing that the ballots cast in the applicant union's proposed bargaining unit be counted.

The Board noted that if the union is unsuccessful in its own bargaining unit, the matter will end, but if successful, the hearing will continue.

The applicant sought a review of an Employment Standards Officer's refusal to issue an order to pay.

The applicant failed to appear at the scheduled hearing.

As the applicant bore the burden of proof, the Ontario Labour Relations Board dismissed the application at the request of the responding parties.

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 and determined the appropriate bargaining unit based on the parties' agreement.

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

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

The employer and the employee subsequently entered into Minutes of Settlement.

The Board ordered the disbursement of the funds held in trust by the Director in accordance with the settlement, directing $505.86 to the employee and $100.00 to the Consolidated Revenue Fund, and terminated the application.

The applicant union applied for certification.

The responding party and an intervenor disputed the identity of the employer and the number of employees in the proposed bargaining unit.

The intervenor also claimed a pre-existing voluntary recognition agreement barred the application.

The Board ordered a representation vote to proceed, with the ballot box sealed pending resolution of the outstanding issues.

The applicant requested to withdraw the application.

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

The applicant union requested to withdraw its application against the responding party employer.

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

The applicant employer sought a review of an Order to Pay made by an Employment Standards Officer.

The applicant failed to appear at the scheduled hearing.

As the applicant bore the burden of proof, the Ontario Labour Relations Board dismissed the application and directed the Director of Employment Standards to pay out the trust funds to the claimant and the Government of Ontario.

The applicant trade union applied for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party claimed there were no employees in the proposed bargaining unit on the application date, an issue deferred for later determination.

Finding that at least forty percent of the individuals in the proposed unit were members of the union, the Board determined the appropriate bargaining unit and directed that a representation vote be taken.

The applicant union filed an application for certification.

Following a representation vote where not more than 50% 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 dismissed the application.

The Board noted the potential application of section 10(3) of the Labour Relations Act, 1995 to any subsequent application filed within one year.

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

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, no statements of desire to make representations were filed.

The Ontario Labour Relations Board found the agreed-upon bargaining unit appropriate and ordered that a certificate issue to the applicant.

The applicant filed an application alleging that his union breached its duty of fair representation under section 74 of the Labour Relations Act by settling his harassment grievance without his consent.

The grievance arose after the employer removed the applicant's truck while he was taking his breaks at home.

The union settled the grievance for $1,700, which was slightly less than the full compensation the applicant demanded.

The Board dismissed the application, finding that the union's decision to settle was entirely reasonable given the circumstances and the likelihood of a less favourable result at arbitration.

The applicant filed an application for review of an order to pay under the Employment Standards Act but failed to pay the required monies into trust.

Under section 68 of the Act, an application for review is not properly made unless the amount is paid to the Director in trust.

The Board found it had no discretion to extend the time for paying monies into trust and dismissed the application.

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 application will be deemed terminated if no request to proceed is made.

Following a settlement agreement and a representation vote where the majority of affected employees did not vote in favour of the applicant union, the Ontario Labour Relations Board declared that the International Union of Operating Engineers, Local 793 is no longer the exclusive bargaining agent for the Thunder Bay employees of Superior Propane Inc. The application was terminated as fully and finally resolved.

The applicant requested to withdraw the application.

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

The applicant appealed a matter to the Ontario Labour Relations Board.

The appeal was withdrawn with leave of the Board.