Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 14, 2001

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

Board ordered disbursement of funds held in trust pursuant to 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 issued an order disbursing the funds held in trust by the Director, with $1,500.00 paid to the employee, $2,293.92 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

The matter was deemed terminated subject to any request by the Ministry of Labour to relist it.

Trafalgar Industries of Canada Limited o/a Canadian Custom Packaging v. Kevin Running and Ministry of Labour, 2001 CanLII 5520

Christopher J. Albertyn

Application appealing Employment Standards Officer's Order to Pay withdrawn; trust funds distributed.

The applicant employer sought to withdraw its application appealing an Order to Pay issued by an Employment Standards Officer.

The Ontario Labour Relations Board granted leave to withdraw the application and ordered the funds held in trust to be distributed, with $572.00 paid in accordance with the Order to Pay and $100.00 retained by the Ministry as an administration fee.

Delta Beverages Inc. v. Ramesh Thachanamoorthy and Ministry of Labour, 2001 CanLII 9152

Christopher J. Albertyn

OLRB approves settlement of Employment Standards Act review and orders disbursement of trust funds.

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 ordered the funds held in trust by the Director to be disbursed according to the settlement, with $2,500 paid to the employee, $2,595.88 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

Burnhamthorpe Fruit Market Inc. v. Mafra, 2001 CanLII 4901

Christopher J. Albertyn

Employment standards appeal resolved by settlement; funds held in trust returned to employer.

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

The workplace parties entered into Minutes of Settlement.

The Board ordered the funds held in trust by the Director to be disbursed to the employer, with the administration fee retained by the Consolidated Revenue Fund, and deemed the matter terminated.

R.W. Tomlinson Limited v. Jean Guy Brazeau, 2001 CanLII 6812

Christopher J. Albertyn

Extension of time granted for an employment standards appeal filed five days late due to miscalculation.

The applicant filed an employee appeal under section 68 of the Employment Standards Act five days late.

The applicant's representative explained that they mistakenly believed the deadline was 45 business days rather than 45 calendar days.

Finding minimal prejudice to the Ministry and the responding employer, the Board granted the extension of time and deemed the application timely.

Dragan Ristevski v. Canadian Plating Rack (1988) Inc., 2001 CanLII 16447

G. Pickell

Christopher J. Albertyn

A. Haward

Applications adjourned sine die for up to one year on consent of the parties.

The parties agreed to adjourn the applications sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the applications will be deemed terminated if no request to proceed is made.

Sheet Metal Workers’ International Association, Local 537 v. Whiteside Roofing and Sheet Metal Ltd., 2001 CanLII 14112

Christopher J. Albertyn

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

The 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 Board ordered the funds held in trust to be disbursed according to the settlement, with $650.00 to the employee, $51.54 returned to the employer, and the $100.00 administration fee retained by the Consolidated Revenue Fund.

IMI’s Landscaping v. Karim Khamisa and Ministry of Labour, 2001 CanLII 12539

Christopher J. Albertyn

Applications adjourned sine die for up to one year on consent of the parties.

The applicant and responding parties agreed to adjourn the applications sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matters will be deemed terminated if no party requests to proceed.

Corporation of the County of Huron Highway Department v. Exeter Ambulance Station Paramedics, 2001 CanLII 4304

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

Christopher J. Albertyn

Employers found liable for collective agreement violations in default proceeding after failing to respond.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding employers failed to pay the required wage rate under the collective agreement.

The responding parties failed to file a Request for Hearing and Notice of Intent to Defend.

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

The Board declared the employers bound by the collective agreement, found they violated it by underpaying employees, and directed them to produce relevant payroll records to assess damages at a subsequent hearing.

Labourers’ International Union of North America, Local 527 v. Meyknecht-Lischer Contractors Ltd., 2001 CanLII 5403

Christopher J. Albertyn

Application for review terminated after employer failed to file proper forms within extended time limit.

The employer sought an application for review of an Order to Pay but failed to use the proper form.

The Board provided the correct forms and granted a 10-day extension to file properly.

The employer failed to respond within the extended time limit, and the Board terminated the matter.

Higher Vision Recruitment Strategies Incorporated v. Ministry of Labour, 2001 CanLII 18315

Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 3, 2001

Board orders representation vote in trade union successor rights application and declines to seal ballot box.

The applicant trade union applied for a declaration of successor rights under section 68 of the Labour Relations Act, 1995, claiming it acquired the rights of the responding party trade union.

The responding party employer and an intervenor union objected to the application and requested that any representation vote be sealed.

The Board ordered a representation vote to determine whether the employees wished to be represented by the applicant or the responding party trade union.

The Board declined to seal the ballot box, noting that employee wishes are properly considered in a successor rights application.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 16403

Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 3, 2001

Board orders representation vote in union successor rights application.

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 trade union.

The Board ordered a representation vote to determine whether the applicant should succeed the predecessor union as the collective bargaining agent for the employees of the responding party employer.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 210, 2001 CanLII 17954

Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 2, 2001

Board declares CAW-Canada acquired bargaining rights of SEIU Local 268 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 268.

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 that CAW-Canada acquired the collective bargaining rights of SEIU Local 268 by transfer of jurisdiction for the specified bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 268, 2001 CanLII 15080

Christopher J. Albertyn

Board orders representation vote in trade union successor rights application.

The applicant trade 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 trade union.

As there were no objections from any interested party, the Board ordered a representation vote to determine whether the applicant should succeed the predecessor as the collective bargaining agent for the affected employees.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 14400

Christopher J. Albertyn

Application adjourned sine die on consent of the parties.

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

Barbara Sam v. Allied Reclamation Services Inc., 2001 CanLII 15130

Christopher J. Albertyn

Representation vote ordered to determine successor rights between two trade unions.

The applicant trade 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 trade union.

The Board noted that no objections were received regarding the holding of a representation vote.

Pursuant to an agreement between the unions and section 68(2) of the Act, the Board ordered a representation vote to determine whether the applicant should succeed the predecessor union as the collective bargaining agent for the employees in the bargaining unit.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 17303

Christopher J. Albertyn

Representation vote ordered in successor rights application between two trade unions.

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.

As there were no objections from any interested party, the Board ordered a representation vote to determine whether the employees wish to be represented by the applicant or the predecessor union.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 10913

Christopher J. Albertyn