David A. McKee

OLRBOntario Labour Relations BoardJul 11, 2001

Board orders representation vote in construction industry certification application, rejecting employer's proposed limited bargaining unit.

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

The responding party employer argued that the bargaining unit should be limited to the roads and sewer and water main sectors on a specific segment of Highway 417.

The Board rejected this argument, noting that the statute prescribes a specific bargaining unit for applications in the construction industry.

Finding that the applicant appeared to have the requisite membership support, the Board directed that a representation vote be taken among the employees in the appropriate bargaining unit.

Labourers’ International Union of North America, Local 527 v. Goldie Mohr Ltd., 2001 CanLII 19690

David A. McKee

OLRBOntario Labour Relations BoardJul 11, 2001

Board amended earlier decision to correct an error in the bargaining unit description.

The Ontario Labour Relations Board issued a decision amending an earlier decision of the same date to correct an error in the description of the bargaining unit.

The Board amended paragraphs 6 and 7 to accurately reflect the appropriate bargaining unit for plumbers, steamfitters, and their apprentices in the industrial, commercial, and institutional sector, and directed a representation vote for the corrected voting constituency.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 67 v. Ramco Installation Ltd., 2001 CanLII 6138

David A. McKee

OLRBOntario Labour Relations BoardJul 11, 2001

Grievance found sufficiently particularized; hearing to proceed as scheduled.

The applicant referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995.

The responding party requested particulars of the amounts claimed.

The Board found the grievance sufficiently particularized, noting that some matters were within the exclusive knowledge of the responding party and the applicant had attempted to serve a summons on an officer of the responding party.

The hearing was ordered to proceed as scheduled.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Peelco Construction Services Limited, 2001 CanLII 20409

David A. McKee

Previous decision revoked and hearing adjourned sine die pending applicant's readiness to proceed.

The applicant requested an adjournment.

The Board revoked its previous decision of July 9, 2001, pursuant to section 114(1) and adjourned the hearing sine die.

The applicant was directed to coordinate with the responding party to set a new hearing date when ready to proceed.

The matter will be deemed terminated if not listed for hearing within one year.

Carolyn V. Forbes v. BDO Dunwoody Ltd., 2001 CanLII 18912

David A. McKee

Grievance referral adjourned sine die on consent of the parties.

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

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

Labourers’ International Union of North America, Local 527 v. Desourdy 1949 Paving Inc./D.J.L. Inc., 2001 CanLII 13040

David A. McKee

Board treated employer's informal correspondence as a request for reconsideration and directed union response.

The applicant union filed a grievance referral to arbitration under section 133 of the Labour Relations Act, 1995.

The Board received correspondence from the responding party employer, which was not in the proper form.

The Board decided to treat the letter as a request for reconsideration and directed the applicant to respond to the factual allegations by a specified date.

The International Union of Painters and Allied Trades Local Union 1494 v. Windsor Painting Contractors (1986) Ltd., 2001 CanLII 8283

David A. McKee

Board directs responding party to file proper reconsideration request after late letters received following default decision.

The responding party sent letters to the Board after default decisions had already been issued and faxed to it.

The Board noted that its decisions were final and the hearings had been cancelled.

The Board directed the responding party to file a proper request for reconsideration in accordance with the Board's Rules of Procedure if it wished to challenge the decisions.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Lisi Mechanical Contractors Ltd., 2001 CanLII 2786

David A. McKee

Applicant directed to provide reasons for late filing of application for review of Order to Pay.

The applicant filed an application for review of an employment standards officer's Order to Pay after the statutory deadline.

The applicant did not provide reasons for the delay.

The Board directed the applicant to provide written reasons for seeking an extension of time by a specified date, failing which the application would be dismissed.

The Board also requested the Ministry to confirm that the funds required to be paid in trust were held by the Director.

Steve Bryant operating as Vacumart v. David Dietrich, 2001 CanLII 3844

David A. McKee

Employment standards application terminated following minutes of settlement.

The applicant filed an application regarding employment standards.

The parties reached Minutes of Settlement on July 4, 2001.

Having regard to the settlement, the Ontario Labour Relations Board terminated the application.

Sylvia Jackson v. Axiom Colquhoun Audio Laboratories Limited, 2001 CanLII 3180

Board applies res judicata to one defence and grants adjournment for document production during hearing.

In an application for a related employer/sale of business declaration and a concurrent termination application, the union brought a motion arguing that res judicata prevented the employer from raising certain defences.

The Board held that while one issue had been previously decided, the others had not and could be raised.

The union also sought an adjournment due to the employer's failure to comply with a production order.

The Board initially refused the adjournment and directed the employer to call its evidence.

However, after the first witness's examination-in-chief, the Board ordered the production of specific existing documents and granted an adjournment to allow the union to review them before cross-examination.

International Union of Painters and Allied Trades, Local 200 v. S & S Glass & Aluminum (1993) Ltd, 2001 CanLII 14278

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

David A. McKee

Application withdrawn at the request of the applicant.

The applicant union requested to withdraw its application against the responding party employer.

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

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. Greenpark Homes, 2001 CanLII 16716

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

David A. McKee

Representation vote directed in application to terminate union's bargaining rights.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The Board found the application timely and that not less than forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

The Board directed that a representation vote be taken of the eligible employees.

Eggink v. The International Union of Painters and Allied Trades, Local 200, 2001 CanLII 18560

David A. McKee

Board sets schedule for written submissions on whether union locals have status to intervene.

The applicant requested amended relief and maintained that Locals 6, 7, and 25 of the International Union of Bricklayers and Allied Craftworkers have no status to participate in the proceeding.

The Ontario Labour Relations Board declined to deal with the request for amended relief in isolation and directed the parties to file written submissions regarding the locals' status to intervene.

Ontario Provincial Conference of the International Bricklayers and Allied Craftworkers v. International Union of Bricklayers and Allied Craftworkers, 2001 CanLII 2693

David A. McKee

Application for review dismissed for failure to pay order amount in trust and improper form.

The applicant sought a review of an employment standards officer's decision.

The application was not filed in the proper form and the applicant failed to pay the amount set out in the Order to Pay to the Director of Employment Standards in trust, as required by section 68(7) of the Employment Standards Act.

After being given 10 days to comply with the Board's rules, the applicant filed nothing further.

The application was dismissed as not properly made.

3577996 Canada Inc. operating as Teleplus Marketing v. Mei Po Chow, 2001 CanLII 6965

David A. McKee

Adjournment request denied; hearing to proceed with applicant's evidence only on the first day.

The applicant sought an adjournment of a hearing to review an employment standards officer's decision, citing an inability to serve summonses on witnesses due to injuries from a car accident.

The responding party opposed the adjournment.

The Board denied the adjournment, directing that the hearing proceed as scheduled, but ruled that the applicant would not be required to call any witness other than herself on the first day.

The Board noted that if the applicant demonstrated a need to call relevant and admissible evidence from other witnesses, an adjournment might be granted at that time.

Carolyn V. Forbes v. BDO Dunwoody Ltd., 2001 CanLII 15752

David A. McKee

Board declined union's request to amend its name in a certification application.

In an application for certification, the applicant union requested to amend its name to 'International Union of Bricklayers and Allied Craftsmen, Local 2/ Brick and Allied Craft Union of Canada Local 2'.

The Ontario Labour Relations Board declined the request, noting that previous decisions established the BACU is not the successor to the International Union, and the membership evidence was solely in the name of the BACU.

The matter was referred to the Manager of Field Services to be processed with a related section 96 application.

International Union of Bricklayers and Allied Craft Union of Canada, Local 2 v. Braycon Masonry Ltd., 2001 CanLII 19879

David A. McKee

Board directs employer to respond to allegations of breaching settlement agreement with a bounced cheque.

The applicant sought a review of an employment standards officer's decision.

The parties entered into a settlement agreement, but the applicant alleged the responding party breached the settlement by issuing a cheque that was not honoured by the bank.

The Board directed the responding party to respond to the allegations in writing and provide proof of payment, failing which a hearing would be scheduled to determine the application on its merits.

Zengjia Wang v. Sa Sha Wear Inc., 2001 CanLII 20445

G. Pickell

David A. McKee

A. Haward

Default judgment granted against employer for collective agreement violation due to failure to file response.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act.

The responding employer failed to file a Request for Hearing and Notice of Intent to Defend within the required time.

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 that the employer violated the collective agreement and ordered it to pay $33,403.39 in damages plus filing fees.

Universal Worker’s Union, LIUNA Local 183 v. Violin Railroad Construction Company Incorporated, 2001 CanLII 3351

G. Pickell

David A. McKee

A. Haward

Default judgment granted in construction industry grievance due to employer's failure to file a response.

The applicant referred a construction industry grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend within the required time.

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 responding party breached the collective agreement and ordered it to pay $11,590.81 in damages plus filing fees.

International Brotherhood of Electrical Workers, Local 586 v. Megatech Electrical Ltd., 2001 CanLII 3531

G. Pickell

David A. McKee

A. Haward