Steven M. Barrett

The union filed a complaint alleging the university violated the duty to bargain in good faith under section 15 of the Labour Relations Act by refusing to negotiate the union's 9-point programme regarding the divestment of the Royal Conservatory of Music, refusing to disclose related information, and refusing to continue negotiations pending the outcome of the complaint.

The Ontario Labour Relations Board held that the university's refusal to discuss the 9-point programme and its refusal to continue negotiations pending the complaint violated the duty to bargain in good faith.

However, the Board found no violation regarding the refusal to disclose information or alleged delay.

The Board directed the university to bargain in good faith and table a full package of proposals.

The union filed an unfair labour practice complaint and a related employer application after Kennedy Lodge, a nursing home, announced it would contract out the work of its unionized nurse's aides to Medox, an outside agency, resulting in the termination of approximately 92 bargaining unit employees.

Kennedy Lodge cited severe financial difficulties and the need to reduce wage costs as the reasons for the decision.

The Ontario Labour Relations Board found that Kennedy Lodge would retain fundamental control over the nursing care provided by the aides, meaning Kennedy Lodge would remain the true employer of the aides supplied by Medox.

Alternatively, the Board found that Kennedy Lodge and Medox were related employers under section 1(4) of the Labour Relations Act.

The Board concluded that the arrangement was not a valid contracting out under the collective agreement and that replacing bargaining unit employees with non-union personnel to avoid collective bargaining obligations violated sections 50, 64, and 66 of the Act.

The Board issued declarations binding Kennedy Lodge and Medox to the collective agreement.

A dissenting member would have found the subcontracting valid and dismissed the complaints.

The applicant union sought relief under sections 1(4), 63, and 124 of the Labour Relations Act.

Local 800 sought status to intervene based on a maintenance agreement with the respondent employer.

The Board found that the maintenance agreement was signed when there were no employees at work and Local 800 did not subsequently supply members of its own union for all covered trades, constituting employer support under section 48(a) of the Act.

Consequently, the agreement was not a valid collective agreement, and Local 800 was denied status to intervene.

Local 800 and the respondents requested an adjournment to challenge the ruling in court.

The Board denied the adjournment, finding that the balance of convenience favoured continuing the proceedings to avoid prejudice to the applicant.

The intervening employees requested an adjournment of the hearing because they received only seven days' notice and their counsel needed more time to prepare.

The Board granted the adjournment.

The complainant then requested that the intervening employees pay its costs for the day.

The Board denied the request, noting that it was not satisfied with the amount of notice given to the intervening employees and that it would be inappropriate to exact costs as a condition of the adjournment.