4 total
Departmental bargaining unit for magazine editorial employees found inappropriate; all-employee unit required.
The applicant union sought certification for a departmental bargaining unit consisting of approximately 42 employees in the editorial department of TV Guide Magazine.
The respondent employer argued that the appropriate unit should encompass all employees of the magazine or both TV Guide and Canadian Living.
The Board found that the editorial department employees did not share a separate community of interest distinct from other employees, noting shared services, common terms of employment, and functional integration.
The Board rejected the union's proposed departmental unit, holding that an all-employee unit was appropriate, and directed the matter to be relisted for further hearing.
Construction of a non-profit nursing and retirement home falls within the ICI sector.
The Board was asked to determine whether the construction of the Baker Centre, a non-profit combined nursing home, retirement home, and day-care facility, fell within the industrial, commercial and institutional (ICI) sector or the residential sector of the construction industry.
After hearing extensive evidence on industry practice and the nature of the facility, the Board concluded that the project fell within the ICI sector.
The Board reasoned that the facility is an institution providing a socially beneficial service, with residents conducting daily activities in shared areas under the direction of a management firm, distinguishing it from typical residential construction.
Board refuses to add parent corporations and individual shareholders as respondents for 'deep pocket' recovery.
The applicant union sought to add parent corporations and individual shareholders as respondents to ongoing section 1(4) and 89 proceedings against the employer.
The union alleged that these entities and individuals controlled the employer and sought to add them to ensure recovery of any claims.
The Ontario Labour Relations Board denied the request, holding that section 1(4) is intended to preserve bargaining rights, not to provide a 'deep pocket' for recovery where there has been no transfer of work or erosion of bargaining rights.
The Board also found no exceptional circumstances to affix personal liability under section 89.
Union merger approved and successor rights granted; unanimous member consent not required under the Labour Relations Act.
The United Food and Commercial Workers Union (UFCW) applied under section 62 of the Labour Relations Act for a declaration that it was the successor to the Kraus Carpet Employees Association following a merger.
The respondent employers argued the Association lacked the power to merge without unanimous member consent and that the voting procedure was flawed.
A complainant employee also alleged the merger process breached the union's duty of fair representation under section 68.
The Ontario Labour Relations Board held that unanimous consent was not required for a trade union to merge under the Act, and that the single vote to amend the constitution and approve the merger was sufficient.
The Board declared the UFCW the successor union and dismissed the section 68 complaint.
