Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 16, 2001

Application withdrawn with leave of the Board.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

United Brotherhood of Carpenters and Joiners of America, Local 1946 v. 1172270 Ontario Inc. c.o.b. as Barwood Flooring, 2001 CanLII 6699

Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 16, 2001

Extension of time granted for late filing of an employment standards review application.

The applicant filed an application for review of an Order to Pay under the Employment Standards Act on an incorrect form.

After receiving the correct form, the applicant submitted it two days late.

The Board granted an extension of time to file the application, noting the minimal delay, lack of prejudice to the responding parties, and the applicant's clear intention to seek review.

I.P.C. International Products Company v. Ruth Ann MacLean and Ministry of Labour, 2001 CanLII 21176

Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 16, 2001

Board declares applicant the successor union following a successful representation vote.

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 with respect to a bargaining unit at the responding party employer's hospital.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no representations filed subsequently, the Board granted the declaration.

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

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 14960

Union decertified after majority of employees voted against representation in a Board-directed vote.

The applicant applied to terminate the bargaining rights of the responding party trade union.

A representation vote was held, and more than fifty percent of the ballots cast by employees in the bargaining unit were in opposition to the union.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board declared that the responding party no longer represents the employees of Almon Equipment Ltd. in the specified bargaining unit.

Kresh Boochoon v. Teamsters Local Union No. 230, 2001 CanLII 15509

Christopher J. Albertyn

CAW-Canada declared successor trade union for hospital bargaining unit following successful representation vote.

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 210, with respect to a bargaining unit at Windsor Regional Hospital.

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

The Board declared CAW-Canada the successor trade union and noted that SEIU Local 210 is no longer the bargaining agent for the unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 210, 2001 CanLII 15725

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

Christopher J. Albertyn

Default judgment granted against employer for unpaid wages and unremitted contributions following failure to respond.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer failed to pay wages and remit contributions.

The responding party failed to file a response or 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 employer violated the collective agreements, ordered payment of $22,757.27 plus interest, directed the posting of a $4,000 bond, and ordered reimbursement of the filing fee.

Sheet Metal Workers’ International Assoc. Local 285 v. 1014097 Ontario Limited cob as Acu-Vent Systems, 2001 CanLII 3660

Christopher J. Albertyn

Union certification granted following a successful representation vote among construction labourers.

The applicant union applied for certification for a bargaining unit of construction labourers employed by the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Bradmar Contracting Inc. c.o.b. Metro Lawn Sprinklers, 2001 CanLII 8899

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

Christopher J. Albertyn

Board directs Labour Relations Officer to post Notice of Vote after employer refused courier delivery.

In an application for certification under the construction industry provisions of the Labour Relations Act, 1995, the Board previously ordered a representation vote.

After the responding employer refused delivery of the decision and Notice of Vote by courier, the Board directed a Labour Relations Officer to attend the employer's premises to properly post the documents for the affected employees.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Bradford Sod Ltd., 2001 CanLII 3763

Christopher J. Albertyn

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, District Council 46 (Local Union 1891) v. Northstar Wall Systems Inc., 2001 CanLII 5081

Christopher J. Albertyn

Declaration granted confirming applicant union acquired bargaining rights from predecessor union following representation vote.

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

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no representations filed by the parties, the Board granted the application.

The Board issued a declaration that the applicant acquired the collective bargaining rights, privileges, and duties of the predecessor union for the specified bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 210, 2001 CanLII 14047

Christopher J. Albertyn

CAW-Canada declared successor union following successful representation vote.

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 bargaining agent for the specified employees of Sodexho Marriott Services.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 210, 2001 CanLII 16745

Christopher J. Albertyn

Application adjourned sine die on consent for up to one year.

The applicant union and responding employer agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if neither party requests to proceed.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. North York Tile Contractors Limited, 2001 CanLII 9729

Christopher J. Albertyn

Declaration granted confirming CAW-Canada acquired successor union rights following a successful representation vote.

Following a representation vote where more than fifty percent of the ballots were cast in favour of CAW-Canada, and with no representations filed, the Ontario Labour Relations Board granted the application.

The Board declared that CAW-Canada acquired the collective bargaining rights of SEIU Local 210 for the specified bargaining unit at Leamington District Memorial Hospital.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 210, 2001 CanLII 10774

Christopher J. Albertyn

Application for review of Order to Pay withdrawn and trust funds distributed.

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

The Ontario Labour Relations Board granted leave to withdraw the application and ordered the distribution of the funds held in trust to the responding party employee, with statutory deductions and an administration fee.

Aalto Computers & Service Corp. v. Ahsan Ali and Ministry of Labour, 2001 CanLII 6585

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

Christopher J. Albertyn

Representation vote directed in construction industry certification application after employer failed to file response.

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

The responding party failed to file a response within the stipulated time.

Based on the application and membership evidence, the Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

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

United Brotherhood of Carpenters and Joiners of America, Local 494 v. Elmara Construction Co. Ltd., 2001 CanLII 14419

Christopher J. Albertyn

Responding party granted extension of time to file response.

The Ontario Labour Relations Board issued a procedural direction in a grievance referral, granting the responding party an extension of time to file its response by August 20, 2001.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Douglas Flooring Ltd., 2001 CanLII 18875

Christopher J. Albertyn

Application adjourned sine die on consent for a period not exceeding one year.

The applicant union and responding employer agreed to adjourn the application.

The Ontario Labour Relations Board consented to adjourn the matter sine die for a period not exceeding one year, after which it will be deemed terminated if neither party requests to proceed.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Niran Construction Limited, 2001 CanLII 6242

Christopher J. Albertyn

Application for review terminated after employer failed to file correct forms within extended deadline.

The employer sought an application for review of an Order to Pay under the Employment Standards Act.

The Board notified the employer that the application was not filed on the correct form and provided a ten-day extension to file properly.

The employer failed to submit the required forms within the extended deadline.

Consequently, the Board assumed the employer no longer wished to pursue the application and terminated the matter.

Ellipsis 505 Retail Café v. Ministry of Labour, 2001 CanLII 10588

Christopher J. Albertyn

Union certified as bargaining agent for painters and apprentices following successful representation vote.

The applicant trade union applied for certification as the bargaining agent for painters and painters' apprentices employed by the responding party.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board issued certificates for the industrial, commercial, and institutional sector in Ontario, and for all other sectors in the County of Simcoe and the District Municipality of Muskoka.

International Union of Painters and Allied Trades, Local 1891 v. T & F Stucco Systems Inc., 2001 CanLII 4924

Christopher J. Albertyn