Christopher J. Albertyn

Application for review of an order to pay dismissed for failure to pay monies into trust.

The applicant filed an application for review of an order to pay under the Employment Standards Act but failed to pay the required monies into trust.

Under section 68 of the Act, an application for review is not properly made unless the amount is paid to the Director in trust.

The Board found it had no discretion to extend the time for paying monies into trust and dismissed the application.

Naturland Inc. v. Consuelo Flores and Ministry of Labour, 2001 CanLII 15049

G. Pickell

Christopher J. Albertyn

A. Haward

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 no request to proceed is made.

Millwrights Union Local 1916 v. Larco Industrial Services Inc., 2001 CanLII 19782

G. Pickell

Christopher J. Albertyn

A. Haward

Applications withdrawn with leave of the Board.

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

The Ontario Labour Relations Board granted leave and the applications were withdrawn.

Labourers’ International Union of North America, Local 506 v. A.R.G. Construction, Ent. Inc., 2001 CanLII 16876

Christopher J. Albertyn

Employer appeal against Order to Pay dismissed for late filing without explanation.

The applicant employer filed an appeal under section 68 of the Employment Standards Act against an Order to Pay more than five months after the order was issued.

The statutory deadline for such appeals is 45 days.

As the applicant provided no reason for the delay, the Board declined to exercise its discretion to extend the time for filing and dismissed the application.

Naturland Inc. v. Michael Seiler and Ministry of Labour, 2001 CanLII 13056

Christopher J. Albertyn

Application withdrawn by leave of the Board following settlement between the parties.

The applicant union and the responding employer concluded Minutes of Settlement regarding inspections following work refusals.

Based on this understanding, the applicant sought to withdraw its application.

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

C.A.W. Local 1256 Transit Unit v. Corporation of the Town of Oakville Transit Department, 2001 CanLII 3683

Christopher J. Albertyn

CAW-Canada declared successor trade union following successful representation vote.

The applicant trade 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 trade 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 successor bargaining agent for the specified bargaining unit at Central Park Lodges.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 19675

G. Pickell

Christopher J. Albertyn

A. Haward

Board directs representation vote in construction industry certification application despite dispute over employee presence.

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

The responding party claimed there were no employees in the proposed bargaining unit on the application date, an issue deferred for later determination.

Finding that at least forty percent of the individuals in the proposed unit were members of the union, the Board determined 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. Contract Interiors Plus Inc., 2001 CanLII 10589

Christopher J. Albertyn

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw her application against the employer and the Ministry of Labour.

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

Kimberley Ansell v. Toronto School of Business (Oshawa) Inc., 2001 CanLII 12496

Christopher J. Albertyn

Application withdrawn with leave of the Board.

The applicant requested to withdraw the application.

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

Markos Teshome v. G/Comm Marketing Inc. and Ministry of Labour, 2001 CanLII 20454

Christopher J. Albertyn

Board deferred the issue of extending the time for a late application for review to the hearing panel.

The applicant filed an application for review of an Order to Pay approximately two months after the 45-day statutory deadline.

The applicant requested an extension of time, claiming it only became aware of the Order when it was enforced by a collection agency.

The Ministry of Labour opposed the extension, asserting that the Order was mailed to the applicant twice.

The Board deferred the determination of the timeliness issue to the panel hearing the merits of the application and directed the Registrar to schedule a hearing.

My Music Factory Inc. v. Charlene DeGouw and Ministry of Labour, 2001 CanLII 12914

Christopher J. Albertyn

Board orders disbursement of funds held in trust pursuant to 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 according to the settlement, with $2,000 paid to the employee, $572 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

The Law Office of Stephen A. Cooper v. Heather Miller and Ministry of Labour, 2001 CanLII 14342

Christopher J. Albertyn

Employment standards appeal adjourned pending employer's proof of extended CCAA stay of proceedings.

The applicant employee appealed the refusal of an Employment Standards Officer to issue an Order to Pay.

The responding employer requested a stay of proceedings, citing an order under the Companies' Creditors Arrangement Act.

The Board noted that the stay was operative until June 1, 2001, and directed the employer to provide proof that the stay had been extended, failing which the matter would proceed.

Paul Bolt v. Maksteele and Ministry of Labour, 2001 CanLII 955

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

Christopher J. Albertyn

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

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.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Vanbots Construction Corporation, 2001 CanLII 19001

Christopher J. Albertyn

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

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 forms within the extended time limit.

The Board concluded the employer did not wish to proceed and terminated the matter.

The DGD Group v. Maria Modopoulos, 2001 CanLII 16220

Steve Clarke

Robert Menagh

2 cases2001–2001

Richard A. Blair

16 cases1989–2019

Randy Graham

Platon Vulgaris

Nick E. Milanovic

3 cases2000–2001

Michel Stokes

Michael Gallizzi

Mark Gallina

6 cases2000–2001

Mario Postarero

2 cases2001–2001

Leslie A. Leroux

3 cases2001–2005

Kim Cheeseman

John L. Stout

10 cases1995–2007

Jacek Janczur

3 cases1998–2001

Gus Oliveira

3 cases2001–2001

Greg Hoath

Eric DelJunco

26 cases1984–2019

Ed Ogibowski

6 cases1992–2001

Domenic Marcone

Connie Huziak

4 cases2000–2001

Chris Campbell

Bryan McCormack

Bernard Fishbein

78 cases1982–2011

Christopher J. Albertyn

Board records agreements on bargaining unit exclusions and sets schedule for municipal amalgamation transition applications.

The City of Hamilton brought applications under the Public Sector Labour Relations Transition Act, 1997 following the amalgamation of various local authorities.

During a consultation, the parties reached agreements to exclude certain bargaining units, including those related to HECFI and specific lodges, from the proceedings.

The Board recorded these agreements, released UFCW and IATSE from the applications, and issued directions for the filing of proposals and scheduling of further consultation dates to determine the remaining bargaining unit configurations.

The Corporation of the City of Hamilton v. Canadian Union of Public Employees, Local 1041, 2001 CanLII 15534

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

Christopher J. Albertyn

Board orders representation vote for proposed bargaining unit of sprinkler fitters 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 an affiliated bargaining agent.

Based on the membership evidence filed, 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 for sprinkler fitters and apprentices and directed that a representation vote be taken.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 853 v. Automated Fire Protection Systems Inc., 2001 CanLII 16675

W.J. Hayter

5 cases1989–2011

Stephen McArthur

5 cases1996–2022

Len Lupton

Kelvin Kucey

25 cases1993–2026

Kate Chrysler

John M. Wigle

6 cases1993–2016

John Cioffi

Jodi M. Tarter

George Pollitt

Enzo Magnatta

Donald D. White

5 cases1982–2001

David L. Brisbin

8 cases1987–2001

Bob Miller

Christopher J. Albertyn

OLRBOntario Labour Relations BoardSep 28, 2001

Related employer declaration denied for grocery franchisees; financial control did not constitute common managerial control.

The applicant union sought a related employer declaration under section 1(4) and a sale of business declaration under section 69 of the Labour Relations Act, 1995, concerning Sobeys and several of its franchisees.

The franchisees acknowledged they were successors under section 69 and bound by the collective agreement.

The union argued that Sobeys exercised such extensive control over the franchisees, particularly Category 3 franchisees, that they should be considered a single employer.

The Board found that while Sobeys exercised significant financial control to protect its loans and maintain franchise standards, the franchisees operated as independent businesses with control over their own labour relations.

The Board declined to exercise its discretion to make a related employer declaration, noting the absence of anti-union animus and finding that the union's bargaining rights were not eroded by the franchise arrangements.

The section 1(4) application was dismissed, and the section 69 declaration was granted.

The United Food and Commercial Workers’ International Union, Local 175 v. Sobeys Ontario Division of Sobeys Capital Incorporated, 2001 CanLII 10338

Christopher J. Albertyn

OLRBOntario Labour Relations BoardSep 28, 2001

OLRB amends previous decision to correct bargaining unit description and clarity note.

The Ontario Labour Relations Board issued a decision amending a previous decision dated September 19, 2001.

The amendment corrected the clarity note and bargaining unit description to accurately reflect the parties' agreement regarding the exclusion of specific classifications at the University Campus site of the London Health Sciences Centre.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Service Employees International Union Local 220, 2001 CanLII 9733

J. G. Knight

Christopher J. Albertyn

A. Haward