4 total
Motion to amend pleadings partially denied as proposed claim for intentional infliction of mental distress was statute-barred.
The plaintiff brought a motion for leave to amend his Statement of Claim in a workplace harassment and discrimination action.
The defendants opposed the amendments, arguing they were statute-barred and lacked particularity.
The Master denied the amendment to add a claim for intentional infliction of mental distress, finding it was discovered more than two years prior and was therefore statute-barred.
Other minor amendments were permitted, while decisions on certain paragraphs were deferred to a pending motion to strike.
Board upholds one work assignment to Millwrights but finds second assignment violated conveyor agreement.
The applicant Ironworkers filed two jurisdictional dispute complaints regarding work assigned by the employer to the Millwrights.
The first complaint involved repair and maintenance of slat conveyors at a Toyota plant, which the Board upheld as correctly assigned to the Millwrights based on area practice and the International Agreement.
The second complaint involved the installation of an overhead mono-rail conveyor at a Budd plant.
The Board found the employer incorrectly assigned all phase 2 work to the Millwrights, holding that the work should have been assigned in accordance with the conveyor agreement, which would have allocated a portion of the work to the Ironworkers.
Union certified; challenges regarding vote notice and union official's conduct dismissed.
The applicant union applied for certification.
Following a certification vote, the employer and intervening employees challenged the results, arguing that a late change in polling times provided insufficient notice to employees and that a union official engaged in inappropriate conduct during the organizing campaign.
The Board dismissed the challenges, finding that the parties' extensive efforts to communicate the vote details and the high voter turnout offset any deficiencies in formal notice.
The Board also held that the union official's alleged rude behaviour did not constitute an unfair labour practice or threaten the integrity of the vote.
The union was certified.
Union certification granted; allegations of improper conduct during representation vote dismissed.
A representation vote was held, and more than fifty percent of the ballots were cast in favour of the union.
The employer and intervenors alleged improper conduct by a union official and challenged the adequacy of the vote.
The Board found insufficient basis to order a new vote and concluded the allegations could not amount to an unfair labour practice.
A certificate was issued to the applicant union.
