Christopher J. Albertyn

Board orders disbursement of funds held in trust following settlement of Employment Standards Act appeal.

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 disbursement of the funds held in trust by the Director, with $990.66 returned to the employer and the administration fee retained by the Consolidated Revenue Fund.

Flying Colours Corp. v. Bill Ward and Ministry of Labour, 2001 CanLII 6353

Christopher J. Albertyn

Employer's appeal of an Order to Pay granted after the employee abandoned the claim.

The applicant employer appealed an Order to Pay issued under the Employment Standards Act.

The employee subsequently advised the Board that he no longer had any interest in the matter and that the money held in trust could be returned to the employer.

The Board ordered the Director of Employment Standards to refund the $5,110.76 held in trust to the applicant employer, subject to any request by the Ministry of Labour to re-list the matter.

Outboard Life Inc. v. Ken Cavanagh and Ministry of Labour, 2001 CanLII 6329

Christopher J. Albertyn

Employment Standards Act review application resolved and terminated based on parties' Minutes of Settlement.

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 Board ordered the funds held in trust by the Director to be disbursed in accordance with the settlement, with $2,800.00 to the employee, $2,192.00 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

The matter was deemed terminated absent a request from the Ministry of Labour to relist it for hearing.

517021 Ontario Limited operating as La Hair Fashions v. Zarouhi Meldonian and Ministry of Labour, 2001 CanLII 6036

Christopher J. Albertyn

Application for review of Order to Pay terminated because employer's cheque for payment into trust bounced.

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

The application was filed one day late.

Furthermore, the cheque submitted by the employer to the Director of Employment Standards in trust was dishonoured.

The Board held that payment into trust is a necessary requirement for a proper review application under section 68(7) of the Act.

Because no payment was made, there was no proper application before the Board, and the application was terminated.

Medstat Emergency and Transfer Services v. Becky Ross and Ministry of Labour, 2001 CanLII 7167

Christopher J. Albertyn

Adjournment of hearing granted based on parties' submissions regarding timelines.

The Civic Institute of Professional Personnel requested an adjournment of the scheduled hearing.

Despite opposition, the Ontario Labour Relations Board granted the adjournment after considering the parties' submissions regarding timelines and variations from their agreement.

The hearing was rescheduled to July 20, 2001.

The Ottawa Transition Board v. The Ottawa-Carleton Public Employees’ Union Local 503, 2001 CanLII 14633

Christopher J. Albertyn

Application for review terminated due to applicant's failure to file the correct forms.

The applicant sought a review of an Employment Standards Officer's decision not to issue an Order to Pay against the employer.

The applicant failed to use the proper form.

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

The applicant did not respond within the extended time limit, and the Board terminated the matter.

Kira Gerwing v. University of Western Ontario and Ministry of Labour, 2001 CanLII 8840

Christopher J. Albertyn

Grievance referral adjourned sine die on consent for up to one year.

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

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

International Brotherhood of Electrical Workers, Local 303 v. Weinmann Electric Limited, 2001 CanLII 14935

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 submit the required forms within the extended time limit.

The Board terminated the matter.

Hana Masri o/a Farah Foods v. Ministry of Labour, 2001 CanLII 15823

Christopher J. Albertyn

Appeal of health and safety inspector's order dismissed as untimely under the 30-day statutory limit.

The applicant appealed a decision made by an Occupational Health and Safety Inspector under the Occupational Health and Safety Act.

The appeal was filed more than 30 days after the order was made.

The Board dismissed the application as untimely, noting it has no discretion to extend the statutory 30-day time limit for filing an appeal.

Staples/Business Depot #134 v. Ministry of Labour, 2001 CanLII 15121

Board orders representation vote in construction industry certification application after employer fails to respond.

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.

The Board found that the applicant is a trade union and an affiliated bargaining agent.

Based on the membership evidence, the Board determined 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.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Express Carpentry, 2001 CanLII 18284

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 20, 2001

Board orders ballots in representation vote to be segregated and sealed pending employer's reconsideration request.

In a union certification application, the Board had previously ordered a representation vote.

The responding employer filed a reconsideration request.

Given the urgency and the merits of the request, the Board varied its previous decision, ordering that the ballots cast in the upcoming representation vote be individually segregated and the ballot box sealed pending a final decision on the reconsideration request.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Express Carpentry, 2001 CanLII 20853

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 20, 2001

Application for certification withdrawn by leave of the Board following a representation vote.

The applicant union requested leave to withdraw its application for certification following the taking of a representation vote.

The Ontario Labour Relations Board granted leave to withdraw the application, noted the potential application of the one-year bar under section 7(10) of the Act for any subsequent applications, and directed the destruction of the ballots.

Labourers’ International Union of North America v. 368757 Ontario Limited (Jackson Roofing), 2001 CanLII 8791

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 20, 2001

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

The applicant filed an application for review under section 68 of the Employment Standards Act.

The workplace parties subsequently entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the Director in trust to disburse the $490 held in trust according to the settlement: $250 returned to the employer, $140 paid to the employee, and a $100 administration fee retained by the Consolidated Revenue Fund.

Walter Harris v. Lori Ranson and Ministry of Labour, 2001 CanLII 12391

J. G. Knight

G. McMenemy

Christopher J. Albertyn

Union decertified following a representation vote where a majority opposed the responding party.

The applicant applied to terminate the responding party's bargaining rights.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the responding party, and with no statements of desire to make representations filed, the Ontario Labour Relations Board declared that the responding party no longer represents the employees in the bargaining unit.

Jim Helmkay v. Ontario Sheet Metal Workers International Association, 2001 CanLII 16080

Christopher J. Albertyn

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

The applicant and responding parties 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 no party requests to proceed.

Haldimand-Norfolk Transition Board v. Canadian Union of Public Employees, Local 4700, 2001 CanLII 14124

J. G. Knight

G. McMenemy

Christopher J. Albertyn

Board orders production of documents in related employer application.

The union, as the applicant in a related employer application, requested a production order for various documents.

The Ontario Labour Relations Board granted the request, ordering the production of the documents listed in the union counsel's letter for the period starting three years prior to the application date, with older documents to be made available at the employer's premises.

International Union of Painters and Allied Trades, Local 200 v. S & S Glass & Aluminum (1993) Ltd., 2001 CanLII 9504

Christopher J. Albertyn

Application for review of Order to Pay terminated after employer failed to file proper forms.

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

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

When the employer failed to file the proper application within the extended time, the Board terminated the matter.

Falconer Charney Macklin v. Ministry of Labour, 2001 CanLII 13638

J. G. Knight

G. McMenemy

Christopher J. Albertyn

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

The applicant and responding party 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 no request to proceed is made.

Construction Workers Local 52 v. North America Construction (1993) Ltd., 2001 CanLII 2600

Christopher J. Albertyn

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

The applicant employer sought to review 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 applicant failed to file the required forms within the extended time limit.

The Board terminated the matter.

M & J Roofing & Contracting v. Ministry of Labour, 2001 CanLII 10572

J. G. Knight

G. McMenemy

Christopher J. Albertyn