Ontario Labour Relations Board

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

A representation vote was held, and a majority of the employees voted in favour of the applicant.

The responding party did not file a response or participate, but later submitted that the voters were not its employees, which the Board rejected as untimely.

The Board granted the applicant's request to amend the responding party's name and issued certificates to the applicant for the industrial, commercial, and institutional sector, as well as all other sectors in the specified geographic areas.

The applicant employee appealed the refusal of an Employment Standards Officer to issue an Order to Pay.

The responding employer requested a stay of proceedings, citing an order under the Companies' Creditors Arrangement Act.

The Board noted that the stay was operative until June 1, 2001, and directed the employer to provide proof that the stay had been extended, failing which the matter would proceed.

The applicant filed an application for review of an Order to Pay approximately two months after the 45-day statutory deadline.

The applicant requested an extension of time, claiming it only became aware of the Order when it was enforced by a collection agency.

The Ministry of Labour opposed the extension, asserting that the Order was mailed to the applicant twice.

The Board deferred the determination of the timeliness issue to the panel hearing the merits of the application and directed the Registrar to schedule a hearing.

In two applications for the termination of bargaining rights in the construction industry, a dispute arose regarding voter eligibility.

The applicants argued that the responding union was estopped from challenging a voter's inclusion on the list based on the sector of the construction industry, as this issue was not raised during the pre-hearing meeting or in post-vote submissions.

The Board held that the union's broad challenge that the voter was not performing bargaining unit work encompassed a sector challenge.

The Board permitted the union to proceed with its challenge based on sector and directed the filing of submissions.

The applicant requested to withdraw the application.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Three applicants sought review of an Employment Standards Officer's refusal to issue Orders to Pay against the responding party for unpaid wages.

The applicants performed extensive renovations on the responding party's house.

Two applicants were promised an hourly wage but were never paid.

The third applicant agreed to work in exchange for future rent, but the arrangement broke down.

The Board found that all three applicants were employees under the Employment Standards Act.

The Board held that parties cannot contract out of the Act's minimum wage requirements, even if they agree to work for something other than money.

The applications were allowed, and the responding party was ordered to pay unpaid wages and vacation pay totaling over $26,000.

The applicant employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Board ordered the funds held in trust by the Director to be disbursed according to the settlement, with $2,000 paid to the employee, $572 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

The Ontario Labour Relations Board issued a brief decision extending the deadline for the responding party to file its response to the application.

The new deadline was set to October 12, 2001.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor, Dearness Service Workers, CLC Local 102, by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Ontario Labour Relations Board granted the declaration.

The applicant filed an application against the responding union.

On the agreement of the parties, the Ontario Labour Relations 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 withdraw her application against the employer and the Ministry of Labour.

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

The applicants filed an application against the responding unions, with the City of Toronto intervening.

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

The applicants sought to withdraw their application against the responding party.

The Ontario Labour Relations Board noted the agreement of the parties and ordered the application withdrawn.

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

A representation vote was held, and more than 50% of the ballots were cast in favour of the union.

No statement of desire to make representations was filed within the required time.

The Board found the agreed-upon bargaining unit appropriate and directed that a certificate issue to the applicant.

The applicant, an individual on long-term disability, filed an application under the Public Sector Labour Relations Transition Act, 1997, complaining that a new collective agreement negotiated after a school board amalgamation required her to pay benefit premiums previously paid by the predecessor board.

The Ontario Labour Relations Board dismissed the application, finding it lacked jurisdiction under the Act to determine a complaint of this nature from an individual.

The City of Hamilton brought applications under the Public Sector Labour Relations Transition Act, 1997 following the amalgamation of various local authorities.

During a consultation, the parties reached agreements to exclude certain bargaining units, including those related to HECFI and specific lodges, from the proceedings.

The Board recorded these agreements, released UFCW and IATSE from the applications, and issued directions for the filing of proposals and scheduling of further consultation dates to determine the remaining bargaining unit configurations.

The applicant and the responding party reached an agreement on the identity of the legal counsel who will advance the termination grievance at arbitration.

As there were no further issues regarding the implementation of the Board's previous decision, the matter was terminated.

The applicant requested to withdraw the application following Minutes of Settlement reached between the parties.

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

The applicants sought to decertify the responding party union.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer.

The applicant appealed an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Board ordered the funds held in trust by the Director to be disbursed according to the settlement, with $5,000 paid to the applicant, $5,000 paid to the responding employee, and the $1,000 administration fee retained by the Consolidated Revenue Fund.

The application was deemed terminated.