D. A. MacDonald

OLRBOntario Labour Relations BoardNov 13, 1986

Employees who have only applied for apprenticeship are not registered apprentices for bargaining unit purposes.

The applicant union sought certification for a bargaining unit of journeymen and registered sheet metal apprentices.

The parties disputed whether three employees were 'registered sheet metal apprentices' under the Apprenticeship and Tradesmen's Qualification Act.

The Board held that an employee is only a registered apprentice if a Contract of Apprenticeship in the prescribed form has been filed with the Director.

Since the three employees had only filed applications for apprenticeship, they were excluded from the bargaining unit.

The Board also found a petition in opposition to the union to be voluntary and directed a representation vote.

Sheet Metal Workers' International Association Local Union 537 v. Naylor Group Incorporated, 1986 CanLII 1466

S. B. D. Wahl

154 cases1980–2001

R. Lotito

9 cases1985–1998

Richard J. Charney

In Private Practice60 cases1985–2025

Karl Mallette

5 cases1983–1989

John Cartwright

3 cases1984–1986

James Smith

13 cases1986–2025

Ernesto Arduini

2 cases1986–1995

Douglas J. Wray

69 cases1980–2001

Carl W. Peterson

18 cases1986–2020

N. Wilson

OLRB0 cases1981–1992

Harry Freedman

D. A. MacDonald

OLRBOntario Labour Relations BoardNov 6, 1986

Board defers grievance and work assignment complaint to allow for mediation by Industrial Inquiry Commissioner.

The Board considered a referral of a grievance to arbitration and a complaint over an assignment of work regarding concrete forming work at the Kipling Acres Home for the Aged.

The parties disputed whether the work was in the industrial, commercial and institutional sector.

The Board decided to defer further consideration of the matters until February 16, 1987, to allow an Industrial Inquiry Commissioner to attempt to mediate a resolution to the broader dispute between the Metropolitan Toronto Apartment Builders' Association and various unions over concrete forming work.

Carpenters' District Council of Toronto and Vicinity v. West York Construction Ltd., 1986 CanLII 1473

John Hurley

2 cases1986–1988

David McKee

85 cases1980–2000

J. I. Redshaw

OLRB0 cases1986–1986

Ian C. Springate

OLRB0 cases1983–1989

D. A. MacDonald

OLRBOntario Labour Relations BoardNov 5, 1986

Application to terminate bargaining rights dismissed as untimely due to deemed one-year term of collective agreement.

The applicant filed an application under section 57 of the Labour Relations Act to terminate the respondent trade union's bargaining rights.

The collective agreement was signed on April 8, 1986, and stated to expire on August 31, 1986.

The application was filed on August 8, 1986.

The Board found that under section 52(1) of the Act, a collective agreement for a term of less than one year is deemed to operate for one year from its commencement.

Therefore, the agreement's operation was extended to April 8, 1987.

As the application was not filed within the last two months of the deemed one-year term, it was dismissed as untimely.

Cindy Gallagher v. United Food and Commercial Workers International Union (Local 175), 1986 CanLII 1475

Robert 0. Beamish

1 case1986–1986

Maurice A. Green

34 cases1980–2009

Mark Contini

25 cases1981–2023

Christine Elwell

17 cases1986–2012

Harry Freedman

D. A. MacDonald

OLRBOntario Labour Relations BoardOct 31, 1986

C. A. Ballentine

OLRB0 cases1980–1992

Employer found bound by collective agreement in the residential sector based on its explicit terms.

During a pre-hearing conference for a jurisdictional dispute regarding asbestos removal in residential buildings, the parties disagreed on whether the complainant employer was bound by a collective agreement in the residential sector.

The Ontario Labour Relations Board determined that the employer, as a member of the Master Insulators Association of Ontario Inc., was bound by the collective agreement.

The Board found that the agreement's terms explicitly covered all sectors of the construction industry, except the electrical power systems sector, and the union's attempt to negotiate a separate residential agreement did not negate the existing agreement's application to the residential sector.

Dewar Insulations Inc. v. International Association of Heat and Frost Insulators and Asbestos Workers, Local 95, 1986 CanLII 1434

Paul W. Timmins

3 cases1986–1987

John P. Sanders on

3 cases1980–1988

G. T. Surdykowski

OLRB0 cases1986–1999

D. A. P Patterson

OLRB0 cases1986–1986

D. A. MacDonald

OLRBOntario Labour Relations BoardOct 16, 1986

Application for first contract arbitration dismissed as collective bargaining process had not yet been unsuccessful.

The applicant union applied for a direction that a first collective agreement be settled by arbitration pursuant to section 40a of the Labour Relations Act.

The union argued that the employer's bargaining positions were uncompromising and without reasonable justification.

The Ontario Labour Relations Board dismissed the application, finding that the collective bargaining process had not yet been unsuccessful.

The parties had engaged in relatively few bargaining sessions, had made substantial progress, and had not fully discussed the remaining outstanding issues.

The Board concluded that the union had given up on the collective bargaining process too soon, triggered by a strike/lockout situation.

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Lodge 128 v. Teledyne Industries Canada Limited, 1986 CanLII 1447

V. McNeil

M. E. Geiger

17 cases1984–2001

Martin Rosenbaum

11 cases1986–2003

L. C. Arnold

38 cases1980–1992

Howard Roher

G. Grossman

32 cases1980–1987

Edward J. Winter

1 case1986–1986

N. Wilson

OLRB0 cases1981–1992

Harry Freedman

D. A. MacDonald

OLRBOntario Labour Relations BoardOct 10, 1986

Board orders document production but dismisses reconsideration request, affirming finality of accreditation certificates.

The corporate respondents sought production of certain documents and reconsideration of a previous Board decision regarding the validity of a certificate of accreditation.

The Board ordered the production of documents relating to the attempt by a group of residential low-rise contractors to join the Mechanical Contractors Association Toronto, finding them arguably relevant.

However, the Board dismissed the request for reconsideration, affirming that under section 106(1) of the Labour Relations Act, a certificate of accreditation is final and conclusive for all purposes and its validity cannot be challenged in a collateral proceeding before the Board.

The Metropolitan Plumbing and Heating Contractors Association v. O'Ryan, 1986 CanLII 1437

V. McNeil

M. E. Geiger

17 cases1984–2001

Martin Rosenbaum

11 cases1986–2003

L. C. Arnold

38 cases1980–1992

Howard Roher

G. Grossman

32 cases1980–1987

Edward I. Winter

1 case1986–1986

N. Wilson

OLRB0 cases1981–1992

Harry Freedman

D. A. MacDonald

OLRBOntario Labour Relations BoardSep 18, 1986

Board refuses to review 1973 accreditation certificate and rules on admissibility of mediator conversations.

In consolidated complaints and an application for consent to prosecute, the corporate respondents raised a preliminary issue challenging the validity of a 1973 accreditation decision and certificate, arguing it was a nullity due to jurisdictional errors.

The Board declined to permit the challenge, holding that a certificate of accreditation conclusively establishes bargaining rights until revoked or quashed, and that one panel of the Board should not act as an appellate body over another.

In a separate evidentiary ruling, the Board held that evidence of conversations with a mediator in the presence of both parties is admissible, but evidence of what a mediator said to one party in private is inadmissible to protect the confidentiality of the mediation process.

The Metropolitan Plumbing and Heating Contractors Association v. Sean O'Ryan, 1986 CanLII 1377

Patricia Hughes

OLRB0 cases1986–1991

D. A. Patterson

OLRB0 cases1986–2001

D. A. MacDonald

OLRBOntario Labour Relations BoardSep 16, 1986

Certification application dismissed due to applicant's failure to attend scheduled Officer's meeting.

The applicant union filed an application for certification and requested a pre-hearing vote.

After a rescheduled meeting with a Labour Relations Officer, the applicant failed to attend.

Despite the applicant's counsel submitting that the failure was due to inadvertent coincidences, the Board noted that the notice of meeting explicitly stated that failure to attend would result in rejection of the application.

Consequently, the application was dismissed.

Great Lakes Fishermen and Allied Workers' Union v. S. Catrini Fisheries Inc., 1986 CanLII 1385

Patricia Hughes

OLRB0 cases1986–1991

D. A. Patterson

OLRB0 cases1986–2001

D. A. MacDonald

OLRBOntario Labour Relations BoardSep 4, 1986

Pre-hearing representation vote directed in certification application despite blank Form 9; ballot box sealed.

The applicant union applied for certification and requested a pre-hearing representation vote.

The parties disagreed on the description and scope of the bargaining unit.

The Board determined the voting constituency based on the applicant's proposed unit.

Despite the applicant filing a blank Form 9 declaration, the Board found sufficient appearance of membership support to direct a pre-hearing vote.

The Board ordered the ballot box sealed pending resolution of the Form 9 issue and other disputes.

Great Lakes Fishermen and Allied Workers' Union v. F. Causarano Fishery Limited, 1986 CanLII 1371

Owen V. Gray

OLRB0 cases1983–1992

D. A. MacDonald