Ontario Labour Relations Board

The applicant union and responding employer entered into Minutes of Settlement regarding an application for certification and an unfair labour practice complaint.

The Board directed a second representation vote to be held, as no employees cast ballots in the first vote.

The Board also ordered the employer to facilitate a meeting between the union and employees during working hours, pay employees for their time, and pay $550 in damages to settle the unfair labour practice complaint concerning a terminated employee.

The applicant union applied for certification.

A representation vote was held, but not more than fifty per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

The Ontario Labour Relations Board dismissed the application and noted the potential application of the one-year bar under section 10(3) of the Act for any subsequent certification applications.

The applicant union, CAW-Canada, applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the bargaining rights of the predecessor union, SEIU Local 210, in respect of employees at Chateau Park Nursing Home.

Following a representation vote in which more than fifty percent of the ballots were cast in favour of CAW-Canada, the Board granted the application.

The Board declared that CAW-Canada acquired the collective bargaining rights, privileges, and duties of SEIU Local 210 by transfer of jurisdiction, and that SEIU Local 210 is no longer the bargaining agent for the bargaining unit.

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

The Board found that the applicant is a trade union under the Labour Relations Act, 1995, and that the proposed bargaining unit is appropriate.

Based on the membership evidence filed, the Board directed that a representation vote be taken among the eligible employees in the voting constituency.

The applicant union applied for certification to represent registered and graduate nurses at the responding party's nursing home.

A representation vote was held, and more than fifty percent of the ballots were cast in favour of the applicant.

As no statements of desire to make representations were filed, the Ontario Labour Relations Board directed that a certificate issue to the applicant and cancelled previously set hearing dates.

The applicant union referred a grievance to the Ontario Labour Relations Board.

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 request to proceed is made.

The applicant employer appealed an Order to Pay issued by an Employment Standards Officer.

A hearing was scheduled, but neither the applicant nor the responding employee attended.

The Ontario Labour Relations Board dismissed the application due to the applicant's failure to appear and ordered the money held in trust to be paid to the employee.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit union dues and benefit fund contributions.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the responding party bound by the provincial collective agreement and ordered it to pay $25,483.58 in damages and $214.00 in costs.

The employer requested a review of an Order to Pay.

The workplace parties entered into Minutes of Settlement, and the Director of Employment Standards agreed to reduce the administrative fee.

The Board directed the distribution of funds held in trust according to the settlement, with $7,500 paid to the employee and the remainder returned to the employer, terminating the matter under section 69.1 of the Employment Standards Act.

The applicant requested an adjournment prior to the hearing date but was advised that consent of all parties was required.

On the scheduled hearing date, no parties appeared.

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

The applicant, Construction Workers Local 53, sought to withdraw its application against the responding party, Ben Bruinsma & Sons Limited.

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

The applicant union brought an application for first contract arbitration under section 43 of the Labour Relations Act, 1995.

The hearing was previously adjourned pending the outcome of a related decertification application.

Following a Board decision declaring that the union no longer represented the employees, the Board terminated the first contract arbitration application as the union no longer held bargaining rights.

The applicant filed a duty of fair representation complaint alleging the union failed to process two grievances and failed to communicate with him.

The union requested the Board dismiss the application for failing to make out a prima facie case.

The Board found that the union's decision not to process a grievance for a remedy unavailable under the collective agreement, or a generalized grievance lacking specific details, did not establish an arguable breach of the Act.

The Board also found the complaint regarding failure to communicate was premature, as only three months had passed since the applicant first contacted the union.

The application was dismissed.

The applicant union (CAW-Canada) applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of the predecessor union (SEIU Local 183).

Following a representation vote where more than fifty percent of the ballots were cast in favour of the SEIU, the Ontario Labour Relations Board dismissed the successor rights application.

The SEIU continues to be the bargaining agent for the employees in the bargaining unit.

The applicant requested reconsideration of the Board's decision dismissing his request for review of an Officer's decision not to issue an Order to Pay.

The initial application was dismissed primarily because it was filed outside the 45-day appeal period.

The applicant argued he filed it with the Officer in a timely way and was unaware he had to file it with the Board.

The Board found the applicant provided no satisfactory explanation for his failure to file the application with the Board in a timely way and dismissed the request for reconsideration.

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

The Board granted leave and the application was withdrawn.

The applicant union filed an application for certification.

A representation vote was held, and not more than fifty percent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

The Board dismissed the application and drew the parties' attention to the statutory bar on subsequent applications within one year.

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 the predecessor union.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Board granted the declaration.

The predecessor union is no longer the bargaining agent for the specified bargaining unit.

The applicant union, CAW-Canada, applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the bargaining rights of the predecessor union, SEIU Local 210.

Following a representation vote where more than fifty percent of the ballots were cast in favour of CAW-Canada, the Board granted the application and declared CAW-Canada the successor trade union for the bargaining unit at Hotel Dieu Grace Hospital Villa Maria.

The applicant trade union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it had acquired the collective bargaining rights of the responding party trade union.

A representation vote was held, and more than fifty per cent of the ballots were cast in favour of the responding party trade union.

The Board declared that the applicant had not acquired the bargaining rights and dismissed the successor rights application.