Caroline Rowan

Board orders disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

The applicant employer sought 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 disbursement of the funds held in trust by the Director in accordance with the settlement, with $800.80 paid to the employee, $248.42 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

Pat Taylor Contracting Inc. v. Normand Lalonde and Ministry of Labour, 2001 CanLII 6177

Caroline Rowan

Application for review terminated following parties' execution of Minutes of Settlement.

The applicant sought a review of a refusal to issue an order to pay under the Employment Standards Act.

The parties entered into Minutes of Settlement with the assistance of a Labour Relations Officer, whereby the employer agreed to pay $2,000.00 and provide an employment letter, and the applicant agreed to release all claims.

The Board terminated the application pursuant to section 69.1(5) of the Act.

Sylvia Schroh v. Gestion Alibec Inc. and Ministry of Labour, 2001 CanLII 4409

J. G. Knight

G. McMenemy

Caroline Rowan

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

The Ontario Labour Relations Board granted leave to withdraw the application.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. 1316810 Ontario Limited o/a Dynamic Building, 2001 CanLII 3657

J. G. Knight

G. McMenemy

Caroline Rowan

Application withdrawn with leave of the Board.

The applicant union requested to withdraw its application via correspondence.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

International Union of Operating Engineers, Local 793 v. Kaneff Properties Limited, 2001 CanLII 2917

Caroline Rowan

Application withdrawn with leave of the Board and scheduled hearing cancelled.

The applicant requested to withdraw their application.

The Ontario Labour Relations Board granted leave to withdraw the application and cancelled the scheduled hearing.

Len Silverstein v. Unique Development Corporation, 2001 CanLII 16713

J. G. Knight

Caroline Rowan

A. Haward

Grievance referral adjourned sine die on consent of the parties.

The applicant union filed a grievance referral against the responding party employer.

On consent of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

Labourers’ International Union of North America, Local 247 v. E. S. Fox Limited, 2001 CanLII 6937

J. G. Knight

G. McMenemy

Caroline Rowan

Default judgment granted against employer for unpaid benefits and employing non-union workers.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding party employer failed to remit benefit contributions and employed non-union workers.

The responding party failed to file a response.

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

The Board declared the employer bound by the collective agreement, found it had violated the agreement, and ordered it to pay $8,358.84 in damages for unpaid benefits plus $214.00 in statutory costs.

The International Union of Painters and Allied Trades, Local Union 1494/1590 v. Al’s Painting, 2001 CanLII 6747

Caroline Rowan

Certification application referred to hearing to determine intervenor standing and employee status.

The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The applicant challenged the standing of the intervenor union, Local 27, and requested disclosure of its membership evidence.

The responding party employer asserted it had no employees in the bargaining unit on the application date, claiming the individuals were employed by a different entity.

The Board found the employer's section 8.1 notice irrelevant given its position that there were no employees.

The Board referred the application to the Registrar for a hearing to determine Local 27's standing, whether the individuals performed bargaining unit work on the application date, and whether they were employed by the responding party.

Labourers’ International Union of North America v. Marciano Doors & Trim Co. Ltd., 2001 CanLII 19844

Caroline Rowan

Board issues order reflecting Minutes of Settlement in Employment Standards Act review.

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 Ontario Labour Relations Board issued an order reflecting the settlement, directing the disbursement of funds held in trust to the employer, the employee, and the Consolidated Revenue Fund, and requiring the employee to return uniforms.

The matter was deemed terminated subject to any request for a hearing by the Ministry of Labour.

Dr. Miranda Bassali v. Angela Wyman and Ministry of Labour, 2001 CanLII 5613

J. G. Knight

Caroline Rowan

A. Haward

Application adjourned sine die on consent of the parties.

The applicant union filed an application against the responding party.

On agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year.

Sheet Metal Workers’ International Association, Local 30 v. Aecon Industrial, 2001 CanLII 5129

Caroline Rowan

Board orders disbursement of funds held in trust pursuant to parties' Minutes of Settlement.

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

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the disbursement of the $943.50 held in trust by the Director, with $545.54 to the employee, $297.46 returned to the employer, and a $100 administration fee retained by the Consolidated Revenue Fund.

Celine’s Forever Young Beauty Skin Care Inc. v. Dan Xu, 2001 CanLII 4327

Caroline Rowan

Board directs parties to file submissions on Ministry's request to dismiss appeal as moot.

The Ministry of Labour requested that the union's appeal regarding ergonomic concerns be summarily dismissed as moot because the employer is bankrupt.

The Ontario Labour Relations Board directed the other parties to file submissions in response to the Ministry's request.

CAW National Union and its Local 1991 v. Alloy Wheels International (Canada) Ltd., 2001 CanLII 17758

Caroline Rowan

Hearing adjourned sine die pending resolution of related criminal proceedings and release of police evidence.

The applicant requested an adjournment of the scheduled hearing because the Crown requested that information pertaining to pending criminal charges against the claimants not be released, and because necessary documentary evidence was in the possession of the police and Crown Attorney.

The Ministry of Labour consented to the adjournment, and the claimants did not comment.

The Board granted the adjournment sine die for a period not exceeding one year.

North American Lumber Limited v. Guy Brown and Vicky Cummings, 2001 CanLII 17490

Caroline Rowan

Board directs parties to file submissions regarding union's request for production of documents.

The union requested production of certain documentary material from the applicants.

The Board directed the other parties to file any submissions in response to the request within two days, and the union to file any reply submissions within two days thereafter.

Geldart v. Labourers’ International Union of North America, Local 183, 2001 CanLII 13867

Caroline Rowan

Employer's application for review resolved after employee withdrew claim and funds were returned.

The applicant employer sought a review of an Order to Pay issued under the Employment Standards Act in favour of the claimant employee.

Prior to the hearing, the employee withdrew his claim against the applicant and requested that the funds held in trust be returned.

The Board directed the Director of Employment Standards to return the funds, including the statutory administration costs, to the applicant.

Robert A. Lanciault operating as the Online Creator and Online Creator Inc. v. James Heinrich and Ministry of Labour, 2001 CanLII 20155

J. G. Knight

G. McMenemy

Caroline Rowan

Board directs representation vote in application for termination of bargaining rights.

The applicant filed an application under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party trade union no longer represents the employees in the bargaining unit.

The Board found the application timely and that not less than forty per cent of the employees had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken.

Davies v. International Brotherhood of Teamsters, Local 897, 2001 CanLII 20036

Caroline Rowan

Declaration granted confirming applicant union acquired predecessor's rights via merger or transfer of jurisdiction.

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, the Service Employees International Union, by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Board granted the declaration.

International Union of Operating Engineers Local 772 v. Service Employees International Union, 2001 CanLII 20003

J. G. Knight

G. McMenemy

Caroline Rowan

Board directs representation vote in construction industry certification application despite employer's section 8.1 notice.

The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party employer filed a notice under section 8.1 asserting that there were no employees in the proposed bargaining unit.

The Board found that a section 8.1 notice is irrelevant where the employer asserts there are no employees, as the application would be dismissed on other grounds if true.

The Board determined that the applicant established sufficient membership support to warrant a representation vote.

The Board defined the appropriate bargaining unit and directed that a representation vote be held.

Construction and Allied Workers Local Union 607 v. Durwest Construction Inc., 2001 CanLII 12160

J. G. Knight

G. McMenemy

Caroline Rowan

Employment and Labour Law

Board directs representation vote in construction industry certification application.

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

The Board found that the applicant is a trade union and that not less than forty per cent of the individuals in the proposed bargaining unit were members at the time the application was made.

The Board determined the appropriate bargaining unit and directed that a representation vote be taken.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Kolter Property Company Inc., 2001 CanLII 9977

appearing on behalf of the applicant

N. BlumCounsel
1 appearance
J. FilmanCounsel
1 appearance
Cindy Cossar-JonesCounsel
1 appearance
C. LaceCounsel
1 appearance
Ann BigelowCounsel
1 appearance
Elizabeth MantzCounsel
1 appearance

appearing on behalf of the respondent

Carolyn KayCounsel
1 appearance
Louise KozaCounsel
1 appearance

appearing on his own behalf

Bert PerbiSelf-represented
1 appearance
Mark MiddletonSelf-represented
1 appearance
Kamal ElassalSelf-represented
1 appearance

Applicant

John TaiteSelf-represented
1 appearance

Counsel

Carl PetersonCounsel
1 appearance

for 308237 Ontario Limited and 245 Ouellette Ave. Investments Ltd.

Susan FanelliAgent
1 appearance

for ABC Taxi (Brockville) Ltd. and Safedrive Inc., carrying on business as City Cab

Mohan GillAgent
1 appearance

for Algoma University and Arthur Perlini

Scott WilliamsCounsel
1 appearance

for Apple Mechanical and Nu-Flow Systems

Ruth HarnimanCounsel
1 appearance
David DefrancescoCounsel
1 appearance

for BMWE

David BrownUnion representative
1 appearance
Denis EllicksonCounsel
1 appearance
Dan KennedyUnion representative
1 appearance
Jack ChokanUnion representative
1 appearance
John RiouxUnion representative
1 appearance
Ron BowdenUnion representative
1 appearance
Rick PhillipsUnion representative
1 appearance

for Cheryl Reed-Elder

Adrienne LiangCounsel
1 appearance

for CLN

Jay NuscaAgent
1 appearance
N. LavergneAgent
1 appearance
David LawCounsel
1 appearance
J. WhiteAgent
1 appearance
K. RangerAgent
1 appearance
Bob RustenAgent
1 appearance

for CUPE

Brian SheehanUnion representative
1 appearance
Tom BakerUnion representative
1 appearance

for employer

Samy OuanounouAgent
1 appearance

for herself

Anita KandasammySelf-represented
1 appearance

for himself

Adolf AstlSelf-represented
1 appearance
Ashraf HemedSelf-represented
1 appearance
Alan RowlandsSelf-represented
1 appearance
Barry LarkinSelf-represented
1 appearance

for IBM Canada Limited

Valerie A.E. DyerCounsel
1 appearance

for LIUNA, Local 1036

W SuppaCounsel
1 appearance
L. A. RichmondCounsel
1 appearance
A. BowkerCounsel
1 appearance

for MacIsaac Mining and Tunnelling

Mr. GatienCounsel
1 appearance
Mr. BergeronCounsel
1 appearance

for Marathon-Delco Inc., 308237 Ontario Limited and 245 Ouellette Ave. Investments Ltd.

Arthur BaratCounsel
1 appearance
Avril FarlamCounsel
1 appearance

for Ontario Public Service Employees Union

Angèle CadieuxUnion representative
1 appearance
Suzanne Hébert-VaillantUnion representative
1 appearance
Linda KernohanUnion representative
1 appearance
Maureen DoyleUnion representative
1 appearance

for OPSEU

E. OgibowskiUnion representative
1 appearance

for SEIU

Cathy CarrollUnion representative
1 appearance

for the applicant

Harold F. CaleyCounsel
2 appearances
Jim ParéCounsel
2 appearances
Anthony F. DaleCounsel
2 appearances
D. McBrideUnion representative
1 appearance
Daniel McBrideCounsel
1 appearance
Sam CiniAgent
1 appearance
Konstantinos GlambedakisSelf-represented
1 appearance
Raymond LemayAgent
1 appearance
S. C. BernardoCounsel
1 appearance
Rick ButeraUnion representative
1 appearance
George MillngtonAgent
1 appearance
Michael GottheilCounsel
1 appearance
Melissa KronickCounsel
1 appearance
Sharen HowarthAgent
1 appearance
D. LefaiveAgent
1 appearance
Daryn JeffriesCounsel
1 appearance
Carolyn KayCounsel
1 appearance
Robert SahotaAgent
1 appearance
Jean-Denis BélecCounsel
1 appearance
Karen NorthgraveAgent
1 appearance

for the Applicant

Jimmy GorgievSelf-represented
2 appearances
Jean-Alexandre De BousquetCounsel
1 appearance
André NowakowskiCounsel
1 appearance
Aristide TsemoSelf-represented
1 appearance
Luigi CaringiAgent
1 appearance
Mitra Mohed ArangehSelf-represented
1 appearance
Grantley HowellAgent
1 appearance
Andrzej OrlowskiSelf-represented
1 appearance
Arvind KarirSelf-represented
1 appearance
C. BeaupréCounsel
1 appearance
Selwyn PietersCounsel
1 appearance
Achille John RuffoloSelf-represented
1 appearance
Maria AndradeSelf-represented
1 appearance
Amanda Elisabeth KeelerSelf-represented
1 appearance
Désiré NdombaAgent
1 appearance

for the applicants

Kevin McGeeCounsel
1 appearance

for the Applicants

Thomas ArnoldSelf-represented
1 appearance
Peter GravSelf-represented
1 appearance

for the Belanger Ford Lincoln Centre Limited

Guy BeaulieuAgent
1 appearance
Leah ClarkeAgent
1 appearance
Robert GirouxAgent
1 appearance
France Bélanger-HouleAgent
1 appearance

for the CAW and CAW Supporters

Farah BalooAgent
1 appearance
Patrick WarnerAgent
1 appearance
L. N. GottheilCounsel
1 appearance
Karen CobbAgent
1 appearance
Alex SalagubandAgent
1 appearance
Nasir MohamedAgent
1 appearance
Ananthanasa VerasinghamAgent
1 appearance

for the claimant

David BrewsterAgent
1 appearance
Angie LeeSelf-represented
1 appearance
Roy LeeAgent
1 appearance

for the County

J. A. MurrayAgent
1 appearance

for the Employee

Margurite ToutounjianSelf-represented
1 appearance

for the employees

Barry W. AdamsCounsel
1 appearance
Anna Marie VentrescaSelf-represented
1 appearance

for the employer

Victoria WillSelf-represented
1 appearance
Jim JohnstonAgent
1 appearance
Sandra JonesAgent
1 appearance
Paul YoungCounsel
1 appearance
Debbie FeltisAgent
1 appearance
Peter WadsworthCounsel
1 appearance

for the Employer

Arthur BaratAgent
1 appearance

for the group of employees

Brent GuilboardAgent
1 appearance
Robert CountrymanAgent
1 appearance

for the intervenor

Lisa CompagnoneCounsel
1 appearance
Henry WatsonUnion representative
1 appearance
Wayne DeMilleUnion representative
1 appearance
Ray BrazeauAgent
1 appearance
John McInnesCounsel
1 appearance
William LeMayCounsel
1 appearance
John L. StoutCounsel
1 appearance
Tracy McPheeAgent
1 appearance
Jeff NesterUnion representative
1 appearance
Melissa NixonCounsel
1 appearance
D. WrayCounsel
1 appearance
Denis EllicksonCounsel
1 appearance
Michael HylandCounsel
1 appearance
Derek RogersCounsel
1 appearance
Kevin WilsonCounsel
1 appearance
Lynn TessaroAgent
1 appearance
Sam MandelbaumAgent
1 appearance
Grant Radley-WaltersCounsel
1 appearance
Andrew RegnerusUnion representative
1 appearance
Brenda PrieurCounsel
1 appearance

for the intervenor employer

Yves FricotCounsel
1 appearance

for the Ministry

Laurie EisenbergCounsel
2 appearances
Karen NortheyCounsel
2 appearances
Heidi Ann Lazar-MeynCounsel
2 appearances
Jeremy WarningCounsel
1 appearance
Frank CamilleriAgent
1 appearance
Karima ChaturAgent
1 appearance
Karima ChaturCounsel
1 appearance
Laurie EisenbergAgent
1 appearance
Karen NortheyAgent
1 appearance

for the Ministry of Labour

Karima ChaturCounsel
4 appearances
Karen NortheyCounsel
2 appearances
Karima ChaturAgent
2 appearances
Frank CamilleriAgent
1 appearance
Richard HousenAgent
1 appearance
Jeremy WarningCounsel
1 appearance
Karen NortheyAgent
1 appearance
Darcy WatsonAgent
1 appearance
Heidi Ann Lazar-MeynAgent
1 appearance

for the Ontario Council

Harold F. CaleyCounsel
1 appearance
Charles CallinganCounsel
1 appearance

for the Respondent

Stuart DucoffeCounsel
1 appearance
Sharon DuffyCounsel
1 appearance

for the Respondents

David PatacairkCounsel
1 appearance
Martha CookCounsel
1 appearance
Larry CulverCounsel
1 appearance
Michael GwynneCounsel
1 appearance

for the responding employee

David RitchieSelf-represented
1 appearance

for the responding employer

Ernie GecAgent
1 appearance

for the responding parties

Patrick H. MacIsaacAgent
1 appearance
Brian R. GatienCounsel
1 appearance
James FysheCounsel
1 appearance

for the responding party

Robert BradtCounsel
1 appearance
Peter YemenUnion representative
1 appearance
Brian SweetCounsel
1 appearance
Ron GroulxUnion representative
1 appearance
Jack SullensCounsel
1 appearance
Brian P. NolanCounsel
1 appearance
George NielsonAgent
1 appearance
Frank CanningAgent
1 appearance
J. James NymanCounsel
1 appearance
M. Patrick MoranCounsel
1 appearance
Dave MichorAgent
1 appearance
Joseph LibermanCounsel
1 appearance
Doug WilsonAgent
1 appearance
Don TalaricoUnion representative
1 appearance
Charlene AvonUnion representative
1 appearance
James FysheCounsel
1 appearance
Ellen SpeerUnion representative
1 appearance
Candy LanganUnion representative
1 appearance
Nancy RosenbergCounsel
1 appearance
Linda PaquetteUnion representative
1 appearance

for the Responding Party

John MatasAgent
1 appearance
Longina FrydrychSelf-represented
1 appearance

for the responding party employer

Hugo Von SchoberCounsel
1 appearance

for the SEIU

Teresa MinchellaAgent
1 appearance
Joman JaraAgent
1 appearance
Antonio ElevazoAgent
1 appearance
John L. StoutCounsel
1 appearance
John R. EvansCounsel
1 appearance
Amelita RoqueAgent
1 appearance
Karen WalshAgent
1 appearance

for the union

Harold F. CalyCounsel
1 appearance
Michelle DuncanCounsel
1 appearance
Tim YoungUnion representative
1 appearance

for the Union

Luciano MascarinUnion representative
1 appearance

for the United Steelworkers of America

Guy LerouxUnion representative
1 appearance
David LiptonUnion representative
1 appearance
Johanne WilsonUnion representative
1 appearance
David DooreyCounsel
1 appearance

on her own behalf

Azmina JivanSelf-represented
2 appearances
Armando MinicucciAgent
1 appearance
Agnese MinicucciSelf-represented
1 appearance

on his own behalf

Samir BoucennaSelf-represented
1 appearance
Jacques MessierSelf-represented
1 appearance
Nevin PattonSelf-represented
1 appearance
Wayne BradySelf-represented
1 appearance

On his own behalf

Andrzej OrlowskiSelf-represented
1 appearance

pour IBM Canada Limited, intimée

Valerie A.E. DyerCounsel
1 appearance

600

Decisions

Years active

Tribunals

2.2

cases/mo

OLRB554(92%)

HRTO27(5%)

OPEHT19(3%)

Decision types

motion

470

trial

appeal

/Adjudicator

Caroline Rowan — Vice-Chair

Bankruptcy and Insolvency Law

Health Law

Caroline Rowan

Vice-Chair·Ontario Pay Equity Hearings Tribunal·Since 1999

OPEHT OLRB HRTO

600

cases · 24 yrs · OLRB, HRTO, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 228Vice-Chair· 174Vice-Chair· 162Adjudicator· 23Vice-Chair· Chair· 3Arbitre· 2Vice-Chair· Chair· 1Adjudicator· 1

J. G. Knight

G. McMenemy

Caroline Rowan

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application against the responding party employer.

The Ontario Labour Relations Board granted leave to withdraw the application.

The International Union of Painters and Allied Trades, Local Union 1891 v. Armour Engineered Panels & Stucco Systems Inc., 2001 CanLII 7838

Caroline Rowan

Board orders disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

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

The workplace parties entered into Minutes of Settlement.

Pat Taylor Contracting Inc. v. Normand Lalonde and Ministry of Labour, 2001 CanLII 6177

Caroline Rowan

Application for review terminated following parties' execution of Minutes of Settlement.

The applicant sought a review of a refusal to issue an order to pay under the Employment Standards Act.

The Board terminated the application pursuant to section 69.1(5) of the Act.

Sylvia Schroh v. Gestion Alibec Inc. and Ministry of Labour, 2001 CanLII 4409

J. G. Knight

G. McMenemy

Caroline Rowan

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

The Ontario Labour Relations Board granted leave to withdraw the application.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. 1316810 Ontario Limited o/a Dynamic Building, 2001 CanLII 3657

J. G. Knight

G. McMenemy

Caroline Rowan

Application withdrawn with leave of the Board.

The applicant union requested to withdraw its application via correspondence.

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

International Union of Operating Engineers, Local 793 v. Kaneff Properties Limited, 2001 CanLII 2917

Caroline Rowan

Application withdrawn with leave of the Board and scheduled hearing cancelled.

The applicant requested to withdraw their application.

The Ontario Labour Relations Board granted leave to withdraw the application and cancelled the scheduled hearing.

Len Silverstein v. Unique Development Corporation, 2001 CanLII 16713

J. G. Knight

Caroline Rowan

A. Haward

Grievance referral adjourned sine die on consent of the parties.

The applicant union filed a grievance referral against the responding party employer.

On consent of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

Labourers’ International Union of North America, Local 247 v. E. S. Fox Limited, 2001 CanLII 6937

J. G. Knight

G. McMenemy

Caroline Rowan

Default judgment granted against employer for unpaid benefits and employing non-union workers.

The responding party failed to file a response.

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

The Board declared the employer bound by the collective agreement, found it had violated the agreement, and ordered it to pay $8,358.84 in damages for unpaid benefits plus $214.00 in statutory costs.

The International Union of Painters and Allied Trades, Local Union 1494/1590 v. Al’s Painting, 2001 CanLII 6747

Caroline Rowan

Certification application referred to hearing to determine intervenor standing and employee status.

The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The applicant challenged the standing of the intervenor union, Local 27, and requested disclosure of its membership evidence.

The responding party employer asserted it had no employees in the bargaining unit on the application date, claiming the individuals were employed by a different entity.

The Board found the employer's section 8.1 notice irrelevant given its position that there were no employees.

Labourers’ International Union of North America v. Marciano Doors & Trim Co. Ltd., 2001 CanLII 19844

Caroline Rowan

Board issues order reflecting Minutes of Settlement in Employment Standards Act review.

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 matter was deemed terminated subject to any request for a hearing by the Ministry of Labour.

Dr. Miranda Bassali v. Angela Wyman and Ministry of Labour, 2001 CanLII 5613

J. G. Knight

Caroline Rowan

A. Haward

Application adjourned sine die on consent of the parties.

The applicant union filed an application against the responding party.

On agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year.

Sheet Metal Workers’ International Association, Local 30 v. Aecon Industrial, 2001 CanLII 5129

Caroline Rowan

Board orders disbursement of funds held in trust pursuant to parties' Minutes of Settlement.

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

The workplace parties entered into Minutes of Settlement.

Celine’s Forever Young Beauty Skin Care Inc. v. Dan Xu, 2001 CanLII 4327

Caroline Rowan

Board directs parties to file submissions on Ministry's request to dismiss appeal as moot.

The Ministry of Labour requested that the union's appeal regarding ergonomic concerns be summarily dismissed as moot because the employer is bankrupt.

The Ontario Labour Relations Board directed the other parties to file submissions in response to the Ministry's request.

CAW National Union and its Local 1991 v. Alloy Wheels International (Canada) Ltd., 2001 CanLII 17758

Caroline Rowan

Hearing adjourned sine die pending resolution of related criminal proceedings and release of police evidence.

The Ministry of Labour consented to the adjournment, and the claimants did not comment.

The Board granted the adjournment sine die for a period not exceeding one year.

North American Lumber Limited v. Guy Brown and Vicky Cummings, 2001 CanLII 17490

Caroline Rowan

Board directs parties to file submissions regarding union's request for production of documents.

The union requested production of certain documentary material from the applicants.

The Board directed the other parties to file any submissions in response to the request within two days, and the union to file any reply submissions within two days thereafter.

Geldart v. Labourers’ International Union of North America, Local 183, 2001 CanLII 13867

Caroline Rowan

Employer's application for review resolved after employee withdrew claim and funds were returned.

The applicant employer sought a review of an Order to Pay issued under the Employment Standards Act in favour of the claimant employee.

Prior to the hearing, the employee withdrew his claim against the applicant and requested that the funds held in trust be returned.

The Board directed the Director of Employment Standards to return the funds, including the statutory administration costs, to the applicant.

Robert A. Lanciault operating as the Online Creator and Online Creator Inc. v. James Heinrich and Ministry of Labour, 2001 CanLII 20155

J. G. Knight

G. McMenemy

Caroline Rowan

Board directs representation vote in application for termination of bargaining rights.

The Board found the application timely and that not less than forty per cent of the employees had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken.

Davies v. International Brotherhood of Teamsters, Local 897, 2001 CanLII 20036

Caroline Rowan

Declaration granted confirming applicant union acquired predecessor's rights via merger or transfer of jurisdiction.

The application was unopposed.

The Board granted the declaration.

International Union of Operating Engineers Local 772 v. Service Employees International Union, 2001 CanLII 20003

J. G. Knight

G. McMenemy

Caroline Rowan

Board directs representation vote in construction industry certification application despite employer's section 8.1 notice.

The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party employer filed a notice under section 8.1 asserting that there were no employees in the proposed bargaining unit.

The Board found that a section 8.1 notice is irrelevant where the employer asserts there are no employees, as the application would be dismissed on other grounds if true.

The Board determined that the applicant established sufficient membership support to warrant a representation vote.

The Board defined the appropriate bargaining unit and directed that a representation vote be held.

Construction and Allied Workers Local Union 607 v. Durwest Construction Inc., 2001 CanLII 12160

J. G. Knight

G. McMenemy

Caroline Rowan