David A. McKee

OLRBOntario Labour Relations BoardJun 13, 2001

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

The Ontario Labour Relations Board consented to adjourn the applications sine die for a period not exceeding one year, having regard to the agreement of the parties.

International Union of Bricklayers and Allied Craftsmen, Locals 6, 7 and 25 v. Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers, 2001 CanLII 11437

David A. McKee

OLRBOntario Labour Relations BoardJun 12, 2001

Board directs applicant to file submissions on responding parties' motion to dismiss unfair labour practice application.

The applicant union filed an unfair labour practice application alleging violations of sections 5 and 76 of the Labour Relations Act, 1995.

The responding parties moved to dismiss the application for failing to disclose a prima facie case.

The Board directed the applicant to file written submissions addressing specific jurisdictional and labour relations issues before ruling on the motion to dismiss.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America, 2001 CanLII 10827

Intervenor status granted and production of documents ordered in consolidated certification and unfair labour practice applications.

In these consolidated applications for certification and an unfair labour practice complaint, the Ontario Labour Relations Board issued an interim decision addressing preliminary matters.

The Board granted intervenor status to the Labourers' Employee Bargaining Agency, Labourers Local 183, and the Masonry Contractors Association of Toronto.

The Board also ordered the production of various documents relating to the relationship between Bricklayers' Local 1 and Labourers' Local 183, and set the order of issues to be determined at the upcoming hearings.

Bricklayers, Masons Independent Union of Canada Local 1 v. Del Gant Construction Limited, 2001 CanLII 3007

David A. McKee

OLRBOntario Labour Relations BoardJun 8, 2001

Union's certification application dismissed after admitting it lacked 40% membership evidence.

The applicant union advised the Board that it had underestimated the number of persons in the bargaining unit and filed membership evidence on behalf of less than 40% of them.

The applicant requested that the application be dismissed pursuant to section 8.1(5), paragraph 7 of the Labour Relations Act.

The responding party and intervenor agreed, and neither requested a bar under section 111(2)(k).

The Board dismissed the application and ordered the destruction of the ballots cast in the representation vote.

Bricklayers, Masons Independent Union of Canada Local 1 v. Avenue Structures Inc., 2001 CanLII 18669

David A. McKee

OLRBOntario Labour Relations BoardJun 7, 2001

Board directed applicants to advise if they wish to proceed with the remainder of their application.

Following a previous decision dealing with allegations of a violation of section 149, the Ontario Labour Relations Board directed the applicants to advise whether they wished to proceed with the remainder of their application.

The applicants were given until July 6, 2001 to respond, failing which the application would be deemed terminated.

Ontario Provincial Conference of the International Bricklayers and Allied Craftworkers v. International Union of Bricklayers and Allied Craftworkers, 2001 CanLII 19943

David A. McKee

Board declines to dismiss unfair labour practice complaint but orders applicant to provide further particulars.

The applicant union filed an unfair labour practice complaint alleging that the responding employer and a rival union conspired to gerrymander the list of employees at work on the date of a certification application.

The responding parties requested that the application be dismissed for failing to disclose a prima facie case.

The Board declined to dismiss the application, finding it raised an arguable case, but struck out certain scandalous and vexatious pleadings and directed the applicant to file a revised schedule providing specific particulars of the alleged conspiracy and statements.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America and Fernbrook Homes Ltd., 2001 CanLII 13462

David A. McKee

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

The Ontario Labour Relations Board granted a consent request to adjourn the applications sine die for a period not exceeding one year.

If neither party requests to proceed within that time, the applications will be deemed terminated.

IWA Canada v. Beaumen Waste Management Systems Ltd., 2001 CanLII 13337

David A. McKee

Board affirmed decision to postpone issuing certification pending resolution of constitutional jurisdiction issue.

The responding party employer argued that the Board was required under section 10(1) of the Labour Relations Act, 1995 to immediately issue a certificate after the applicant union won a representation vote.

The Board rejected this argument, noting that a certificate cannot issue when other issues, such as constitutional jurisdiction, remain unresolved.

The Board affirmed its earlier decision to postpone determining the constitutional jurisdiction issue until a later date.

Canadian Telephone Employees Association v. Certen Inc., 2001 CanLII 19517

David A. McKee

Certificate issued to union following successful representation vote in construction industry.

The applicant union applied for certification.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, and with no statement of desire to make representations filed, the Ontario Labour Relations Board directed that a certificate issue to the applicant for the specified bargaining unit of carpenters and construction labourers.

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. Georgian Group Inc., 2001 CanLII 13302

David A. McKee

Union decertified following representation vote where majority of employees voted in opposition.

The applicant applied to terminate the bargaining rights of the responding party union.

Following a representation vote in which more than fifty per cent of the ballots were cast in opposition to the union, and with no statements of desire to make representations filed, the Board declared that the union no longer represents the employees in the bargaining unit.

Marc Lefebvre v. Sheet Metal Workers’ International Association, Local Union No. 47, 2001 CanLII 10304

David A. McKee

Board directs responding parties to file response within 10 days due to procedural confusion.

The applicant requested that the Board deem the responding parties to have accepted all facts alleged in the application due to their failure to file a response.

The Board noted that recent correspondence from the Board may have caused confusion regarding whether the matter was proceeding to a hearing in the normal course or if the applicant was seeking immediate relief.

Consequently, the Board directed the responding parties to file a response within 10 days, after which the applicant's motion would be considered if no response was filed.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Daniel McLean, 2001 CanLII 6288

David A. McKee

OLRBOntario Labour Relations BoardMay 31, 2001

Hearing cancelled on consent and schedule set for written submissions on list issues.

The Board cancelled the hearing set for May 31, 2001, based on the agreement of the parties.

The parties were directed to file submissions regarding list issues by June 7, 2001, after which the application would be referred to the Manager of Field Services.

Allied Construction Employees, Local 1030, United Brotherhood of Carpenters and Joiners of America v. National Homes, 2001 CanLII 9428

M. Lewis

11 cases1991–2001

L. Richmond

10 cases1980–2003

D. Watson

4 cases2000–2001

D. Leone

D. Defrancesco

David A. McKee

Board directed notice of certification and unfair labour practice proceedings to potentially affected third parties.

The Board heard preliminary matters regarding three applications for certification by Bricklayers Local 1 and an unfair labour practice complaint by the Carpenters' Union.

The Board directed that notice of the proceedings be given to four additional parties (Labourers' Employee Bargaining Agency, Labourers' Employer Bargaining Agency, Masonry Council of Unions Toronto and Vicinity, and Masonry Contractors Association of Toronto and Vicinity) whose rights might be affected by the outcome of the issues raised, including the status of Bricklayers Local 1.

A further hearing was scheduled to determine intervenor status and the order of proceedings.

Bricklayers, Masons Independent Union of Canada Local 1 v. Del Gant Construction Limited, 2001 CanLII 12810

David A. McKee

Board refused to stay its previous order pending judicial review and directed immediate compliance.

The Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers (OPC) and the Brick and Allied Craft Union of Canada (BACU) failed to comply with the Board's May 2, 2001 direction, indicating an intent to seek judicial review.

The Board noted that an application for judicial review does not automatically stay its decisions and directed the parties to comply with the previous order.

The Board also indicated a willingness to extend the August 31, 2001 deadline for union membership applications once the required notices could be delivered.

International Union of Bricklayers and Allied Craftsmen, Locals 6, 7 and 25 v. Brick and Allied Craft Union of Canada, 2001 CanLII 10043

David A. McKee

Request to add a responding party dismissed due to applicant's failure to file reply submissions.

The applicant requested to add Sager Drywall Ltd. as a responding party to the application.

One of the responding parties, Andan Drywall Ltd., filed submissions opposing the request.

The applicant failed to reply to these submissions despite being directed to do so by the Board.

In the absence of any submissions from the applicant, the Board dismissed the request to add the new responding party.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Lisi Brothers Construction Limited, 2001 CanLII 8116

David A. McKee

Board directed a consultation to resolve disputed facts regarding a duty of fair representation complaint.

The applicant filed submissions regarding her employment status and right to grieve her discharge.

The Board found the submissions unhelpful as they did not respond to previously identified issues or provide the relevant collective agreement.

However, noting disputed factual issues regarding the union's actions even if the applicant was a temporary employee, the Board directed the Registrar to list the matter for a one-day consultation and ordered the responding party to file the relevant collective agreement.

Brenda Currine Perrin v. Ontario Public Service Staff Union, 2001 CanLII 6588

David A. McKee

Board adjourns certification application pending outcome of related federal jurisdiction proceedings before the CIRB.

The applicant union applied for certification under the Labour Relations Act, 1995, but raised the issue of whether the employment relationship falls within federal or provincial jurisdiction.

The applicant requested that the Board defer final consideration of the application until proceedings before the Canada Industrial Relations Board (CIRB) were complete.

The responding party argued that the Board must issue a certificate as a representation vote had been conducted and a majority voted in favour of the applicant.

The Board decided to adjourn the hearing into the constitutional issue and hold the matter in abeyance for a limited period, directing the applicant to advise on the status of the CIRB application.

Canadian Telephone Employees Association v. Certen Inc., 2001 CanLII 17029

David A. McKee

OLRBUnanimous0 cases1998–2001

Board orders production of work records and defers consideration of related file.

The Board issued a procedural direction in an application involving the applicant, the union, and the intervenor employer.

The responding party withdrew its objection regarding improper delivery, leading the Board to defer consideration of one file until the conclusion of the other pursuant to section 111(3)(b).

The Board ordered the intervenor to produce all records relating to the performance of work covered by the collective agreement on specific dates, and directed the Registrar to list the matter for a two-day hearing.

Tony Monaco v. The International Brotherhood of Electrical Workers et al., 2001 CanLII 13427

J. G. Knight

G. McMenemy

OLRBUnanimous0 cases1993–2001

David A. McKee

OLRBUnanimous (Wrote the reasons)0 cases1999–2001

Certification application dismissed after union failed to win representation vote on agreed voters list.

The applicant union filed an application for certification and a section 96 unfair labour practice application.

Prior to the hearing, the parties entered into Minutes of Settlement agreeing to a specific voters list and the withdrawal of the section 96 application.

Based on the agreed voters list, the representation vote resulted in not more than 50% of the ballots cast in favour of the applicant.

Consequently, the Board dismissed the certification application and noted the withdrawal of the section 96 application.

Allied Construction Employees Local 1030 v. C & T Framing Inc., 2001 CanLII 4243

David A. McKee

OLRBOntario Labour Relations BoardMay 22, 2001

Carpenters hired to perform millwork found to be employees/dependent contractors for certification purposes.

The applicant union applied for certification in the construction industry.

The sole issue before the Board was whether four carpenters who performed millwork for the responding party were employees or independent contractors.

Applying the common law four-fold test and the expanded statutory definition of 'dependent contractor' under the Labour Relations Act, the Board found that the carpenters were paid hourly, used materials and power tools supplied by the responding party, and were subject to the responding party's quality standards.

The Board concluded that the carpenters were employees (or dependent contractors) and directed the counting of their ballots.

United Brotherhood of Carpenters and Joiners of America, Local 494 v. Say Custom Woodworks, 2001 CanLII 6610

appearing on her own behalf

Nona OliverSelf-represented
1 appearance

appearing on his own behalf

John CheresnaSelf-represented
1 appearance
Robert FloodSelf-represented
1 appearance
Roman ChorkawyjSelf-represented
1 appearance

for 539243 Ontario Limited o/a Royal Carpentry Group

M. MontanaroCounsel
1 appearance

for 910609 Ontario Inc. c.o.b. Columbia Chrome

J. BarrackCounsel
1 appearance

for all responding parties

Lino VitorioCounsel
1 appearance

for Antonio Sabato, The Maplecrete Group Corporation, Maplecrete Construction Company Limited, Trojan Construction Inc., and Radius Construction Corp.

A. SabatoSelf-represented
1 appearance
M. HoranCounsel
1 appearance

for Avenue Structures

D. LeoneCounsel
2 appearances

for Big “B” Steel Erectors Inc.

Barry BelfordAgent
1 appearance

for Bricklayers Local 1 in File Nos. 0483-01-U and 3254-00-R

L. RichmondCounsel
2 appearances

for Bricklayers Local 1 in File Nos. 3808-00-R

J. MeiorinUnion representative
1 appearance

for Bricklayers Local 1 in File Nos. 3808-00-R and 3309-00-R

J. MeiorinUnion representative
1 appearance

for Bricklayers' Locals 1, 2, 4, 5, 10, 12, 20, 23, 28, 29 & 31

Andrea BowkerCounsel
1 appearance
John HaggisUnion representative
1 appearance

for Bricklayers' Locals 6, 7 & 25

Michael GottheilCounsel
1 appearance

for Burnkirk B.C.A. Construction Inc.

Andrew TremayneCounsel
1 appearance
Branko CurkovicAgent
1 appearance

for Canadian Merchandising Employees Union

Alick RyderCounsel
1 appearance
Tom ReesUnion representative
1 appearance

for Canadian Merchandising Employees’ Union

Richard BlairCounsel
1 appearance
Tom ReesUnion representative
1 appearance

for Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America

Jack J. SlaughterCounsel
1 appearance
Walter TracognaCounsel
1 appearance

for Carpenters, Local 27 and Carpenters, Local 1030

D. WatsonCounsel
1 appearance
Q. CeolinCounsel
1 appearance

for C & T

Chuck DerietAgent
1 appearance

for Del Gant Construction and Forma-con Construction

D. DefrancescoCounsel
1 appearance

for Del Gant Construction and Forma-Con Construction

D. DefrancescoCounsel
1 appearance

for Ermacon Contracting Inc.

C. NigroCounsel
1 appearance
R. BayneCounsel
1 appearance

for E.S. Fox Limited

J. SaundersCounsel
1 appearance

for Geremiah Geldart and Brad Martin

C. J. AbbassCounsel
1 appearance

for Goldmar

Eliseo LancioneAgent
1 appearance

for Greater Essex County District School Board

Al CookAgent
1 appearance
Jack SullensAgent
1 appearance
L. P. Kavanaugh, Q.C.Counsel
1 appearance
Murray InverartyAgent
1 appearance

for himself

Steve MilneSelf-represented
1 appearance
David HusseySelf-represented
1 appearance
William RobinsonSelf-represented
1 appearance

for IBEW Construction Council of Ontario

John PenderUnion representative
1 appearance

for IBEW, Local 1687

Mark WrightCounsel
1 appearance

for International Brotherhood of Electrical Workers

Anne CummingUnion representative
1 appearance

for International Brotherhood of Electrical Workers, Local 1687

Bruce McNamaraCounsel
1 appearance
Mark WrightCounsel
1 appearance

for International Brotherhood of Electrical Workers, Local 353

Rob GibsonUnion representative
1 appearance

for International Union of Bricklayers and Allied Craftworkers

Joel FreedmanCounsel
1 appearance
Donald K. EadyCounsel
1 appearance

for IUBAC, Locals 6, 7 and 25

Michael GottheilCounsel
1 appearance
Lou MascarinCounsel
1 appearance

for IUBAC locals 6, 7, and 25

M. GottheilCounsel
1 appearance

for Karen Stevenson

Cecil NormanAgent
1 appearance
Karen StevensonSelf-represented
1 appearance

for Karson Kartage & Konstruction (1994) Limited

Bill KarsonAgent
1 appearance
Michael S. RuddyCounsel
1 appearance

for Karson Kartage & Konstruction Employees’ Association

Kevin HannaAgent
1 appearance
Charles V. HofleyCounsel
1 appearance

for Kvaerner Jaddco

D. JeffriesCounsel
2 appearances
C. MosherCounsel
1 appearance

for Labourers' International Union of North America Local 183

M. LewisCounsel
2 appearances

for Labourers', Local 183

J. ValaCounsel
1 appearance

for Labourers, Local 183

Henry PerreiraCounsel
1 appearance
John MoszynskiCounsel
1 appearance
Marcia KredentserCounsel
1 appearance

for Labourers’, Local 527

Shawn McLaughlinCounsel
1 appearance
Daniel RandazzoCounsel
1 appearance

for Local 1030

Ziggy PflanzerUnion representative
1 appearance

for Local 183

Carlos PinheiroUnion representative
1 appearance

for MIECO

D. BannonCounsel
1 appearance

for Millwright & Machine Erectors Local 1425, United Brotherhood of Carpenters and Joiners of America and International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786

Claude CournoyerCounsel
1 appearance
Gary CarolineCounsel
1 appearance
Aaron MurphyCounsel
1 appearance

for Nel-tekk Industrial Specialties Inc.

Nelson GueretteCounsel
1 appearance

for Northern Ontario Workers’ Association

Nick ColemanCounsel
1 appearance

for Orlick Industries Limited

Al BrownAgent
1 appearance
Lawrence J. Cohen, Q.C.Counsel
1 appearance
Mark BrownAgent
1 appearance

for Peter Curkovic Limited

Peter CurkovicAgent
1 appearance
Peter ViceCounsel
1 appearance

for RLP Machine and Steel Fabrication Inc. and Cloutier’s Machine Shop Limited

J. KnightCounsel
1 appearance

for Sheet Metal Workers International Association Local 30

John CollinsUnion representative
1 appearance

for Southern Ontario Masonry Inc. and/or Viacon Masonry Inc.

Walter ThorntonCounsel
1 appearance
Acacio PauloCounsel
1 appearance

for Spud Erectors Inc.

T. HawtinCounsel
2 appearances
T. HawtinAgent
1 appearance

for Supply Chain Express Inc.

Andra PollakCounsel
6 appearances
Scott CarterAgent
4 appearances
Patricia BourkCounsel
3 appearances
Scott CarterCounsel
2 appearances
Patrick BourkCounsel
1 appearance

for the Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America

Leslie HanecakCounsel
1 appearance
J. David WatsonCounsel
1 appearance

for the applicant

James FysheCounsel
5 appearances
Bill BradyCounsel
4 appearances
Michael O’BrienCounsel
3 appearances
L. ArnoldCounsel
3 appearances
Mark J. LewisCounsel
3 appearances
D. McBrideCounsel
3 appearances
M. GottheilCounsel
3 appearances
L. A. RichmondCounsel
2 appearances
Nicholas J. KeresztesiCounsel
2 appearances
J. HaggisCounsel
2 appearances
Jack McDowellUnion representative
2 appearances
David WatsonCounsel
2 appearances
Joseph LibermanCounsel
2 appearances
Brian McKnightUnion representative
1 appearance
Carlos DionisioUnion representative
1 appearance
Carolyn HartCounsel
1 appearance
Charles MurrayAgent
1 appearance
Connie RoyAgent
1 appearance
Daniel LeoneCounsel
1 appearance
Daniel LeoneAgent
1 appearance

for the Applicant

Brian ChristieUnion representative
1 appearance
Carolyn V. ForbesSelf-represented
1 appearance
Dermot LynchUnion representative
1 appearance
Frank MunnoUnion representative
1 appearance
Jack SlaughterCounsel
1 appearance
Jack SlaughterUnion representative
1 appearance
James JacksonUnion representative
1 appearance
Joe O’SheaUnion representative
1 appearance
Kathy Adams IzzardSelf-represented
1 appearance
Manuel BastosUnion representative
1 appearance
Mary DoughlinSelf-represented
1 appearance
Michael OramUnion representative
1 appearance
Randall Patrick PowersSelf-represented
1 appearance

For the Applicant

John MontiUnion representative
1 appearance

For the Applicant, IBEW Local 353

Michael ObramUnion representative
1 appearance

for the applicants

A.J. AheeCounsel
1 appearance
Allen BulmerSelf-represented
1 appearance
Brian ChristieCounsel
1 appearance
Elizabeth MitchellCounsel
1 appearance
Frank D’AbbondanzaCounsel
1 appearance
Gordon NyeUnion representative
1 appearance
J. CoelhoUnion representative
1 appearance
L. A. RichmondCounsel
1 appearance
Marcia KredentserCounsel
1 appearance
Mark J. LewisCounsel
1 appearance
Stephen B. D. WahlCounsel
1 appearance
T. OldhamUnion representative
1 appearance

for the BACU

L. RichmondCounsel
1 appearance

for the Brick and Allied Craft Union of Canada

John HaggisUnion representative
2 appearances
Lorne RichmondCounsel
2 appearances
Tom OldhamUnion representative
2 appearances

for the Brick and Allied Craft Union of Canada (“BACU”)

K. WilsonCounsel
1 appearance
L. RichmondCounsel
1 appearance

for the Brick and Allied Craft Union of Canada (“BACU”) and BACU Locals 1, 2, 4, 5, 6, 7, 10, 12, 20, 23, 25, 28, 29, and 31

K. WilsonUnion representative
1 appearance
J. CoelhoUnion representative
1 appearance
L. RichmondCounsel
1 appearance

for the Canadian Independent Union of Manufacturing Employees

Robert B. ReidCounsel
1 appearance
Steve SantosUnion representative
1 appearance
Tom McInnesUnion representative
1 appearance
Vince VocalUnion representative
1 appearance

for the Canadian Merchandising Employees Union

Alick RyderCounsel
1 appearance
Tom ReesAgent
1 appearance

for the Carpenters’ Union

D. WatsonCounsel
2 appearances

for the Delsan companies and the Philip companies

Bob MundyCounsel
1 appearance
Scott G. ThompsonCounsel
1 appearance

for the employer

Dan McDonaldAgent
1 appearance

for the employer and David Skov

Russell ZinnCounsel
1 appearance

for the General Presidents' Maintenance Committee for Canada

Chris E. PaliareCounsel
1 appearance

for the IBEW

Mr. WrightCounsel
1 appearance
B. McNamaraCounsel
1 appearance

for the International Brotherhood of Painters and Allied Trades, Local 1494

A. M. Minsky, Q.C.Counsel
1 appearance
Kevin ElliottCounsel
1 appearance

for the International Union of Bricklayers and Allied Craftsmen, Locals 6, 7 and 25

Michael GottheilCounsel
2 appearances
Lou MascarinCounsel
1 appearance
Lou MascarinUnion representative
1 appearance

for the International Union of Bricklayers and Allied Craftworkers

Don EadyCounsel
2 appearances
Donald K. EadyCounsel
1 appearance
Donald K EadyCounsel
1 appearance
Graham AikenCounsel
1 appearance
Graham AikenUnion representative
1 appearance
Joel FreedmanCounsel
1 appearance

for the International Union of Bricklayers and Allied Craftworkers (“IUBAC”)

D. EadyCounsel
2 appearances
G. AitkenCounsel
2 appearances
J. FreedmanCounsel
1 appearance
J. JoyceUnion representative
1 appearance

for the intervenor

Alick RyderCounsel
3 appearances
Tom ReesCounsel
2 appearances
Linda ThayerUnion representative
1 appearance
Mark WrightCounsel
1 appearance
Michael KuegleCounsel
1 appearance
Michael McCrearyCounsel
1 appearance
Mr. EadyCounsel
1 appearance
Mr. GottheilCounsel
1 appearance
Nick ColemanAgent
1 appearance
Tom ReesUnion representative
1 appearance
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1 appearance
Bob DubniakCounsel
1 appearance
Guy BissonCounsel
1 appearance

for the Ironworkers

G. CarolineCounsel
1 appearance

for the Iron Workers, Local 786 and the Millwrights, Local 1425

Frederica WilsonCounsel
1 appearance

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D. EadyCounsel
1 appearance

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M. GottheilCounsel
1 appearance

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John MoszynskiCounsel
1 appearance
A. M. MinskyCounsel
1 appearance
Rocco LotitoCounsel
1 appearance

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John MoszynskiCounsel
1 appearance
Rob LeoneCounsel
1 appearance

for the Masonry Contractors Association of Toronto Incorporated

C. E. HumphreyCounsel
1 appearance

for the Masonry Industry Employers Council of Ontario

David BannonCounsel
1 appearance

for the Masonry Industry Employers’ Council of Ontario

David BannonCounsel
2 appearances
D. BannonCounsel
1 appearance

for the Ministry of Labour

B. BlumenthalCounsel
1 appearance
Brian FukuzawaCounsel
1 appearance
Chris BeatsonCounsel
1 appearance
Frank CamilleriCounsel
1 appearance
Judie ImCounsel
1 appearance
Karen NortheyCounsel
1 appearance
L. EisenbergCounsel
1 appearance
Mircho MirchevAgent
1 appearance
M. KleinCounsel
1 appearance
Stefan PikorCounsel
1 appearance
Stephen MasonCounsel
1 appearance

for the Ontario Provincial Conference of the IUBAC

Andrea BowkerCounsel
1 appearance
Jerry CoelhoCounsel
1 appearance

for the Ontario Provincial Council of the IUBAC and IUBAC Locals 1, 2, 4, 5, 6, 7, 10, 12, 20, 23, 25, 28, 29, and 31

D. PlunkettUnion representative
1 appearance
L. MascarinCounsel
1 appearance
M. GottheilCounsel
1 appearance

for the Respondent

Lou RoccaAgent
1 appearance

for the responding parties

Carl PetersonCounsel
2 appearances
Eric del JuncoCounsel
2 appearances
David DeFrancescoCounsel
1 appearance
Doug PilkeyUnion representative
1 appearance
Doug PilkeySelf-represented
1 appearance
Elizabeth KeenanCounsel
1 appearance
Gary SmithUnion representative
1 appearance
Gary SmithSelf-represented
1 appearance
Gordon WeirCounsel
1 appearance
James McArthurAgent
1 appearance
Joseph LibermonCounsel
1 appearance
Julio Da SilvaSelf-represented
1 appearance
Mark LivingstonUnion representative
1 appearance
Mark LivingstonSelf-represented
1 appearance
Mike McCrearyUnion representative
1 appearance
Mr. PetersonCounsel
1 appearance
Richard LevertAgent
1 appearance
Robert McArthurAgent
1 appearance
Sean MacDonaldAgent
1 appearance
Yvon TherrienSelf-represented
1 appearance

for the Responding Parties

Ray SladeSelf-represented
1 appearance

For the Responding Parties

Walter ThorntonCounsel
1 appearance

for the responding party

Christopher M. LittleCounsel
3 appearances
Barb WillerAgent
1 appearance
B. FrancisAgent
1 appearance
Bob MoreauUnion representative
1 appearance
Brad VollmerAgent
1 appearance
Brian P. NolanCounsel
1 appearance
Cassandra PriedeAgent
1 appearance
Claudio RaccoCounsel
1 appearance
Craig MosherCounsel
1 appearance
Dan CoxCounsel
1 appearance
Dan CrawfordAgent
1 appearance
Daryn JeffriesCounsel
1 appearance
David ChondonCounsel
1 appearance
David DeFrancescoCounsel
1 appearance
D. DefrancescoCounsel
1 appearance
Gary LattaAgent
1 appearance
Gene WillmsCounsel
1 appearance
Gene WillmsAgent
1 appearance
Gil FranciscoAgent
1 appearance
G. RontirisCounsel
1 appearance

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Doug GriffinSelf-represented
1 appearance
Bernard FeinbergAgent
1 appearance
Phil BancheriAgent
1 appearance
Saul CordeiroAgent
1 appearance
Sergio LanciaAgent
1 appearance

For the Responding Party

Frank ColucciAgent
1 appearance

for the responding party employee

Dean LindsayAgent
1 appearance

for the responding party employer

Carl PetersonCounsel
1 appearance
E. BortolussiAgent
1 appearance
R. BortolussiAgent
1 appearance
Tim PatrickCounsel
1 appearance

for the responding party union and intervenor

Donald K. EadyCounsel
1 appearance
Michael GottheilCounsel
1 appearance

for the Sheet Metal Workers

J. RasoCounsel
1 appearance

for the Sheet Metal Workers International Association

Patrick RileyAgent
1 appearance

for the Sheet Metal Workers International Association, Local 47

Ross MitchellAgent
1 appearance
J. RasoAgent
1 appearance

for The Terrazzo, Tile and Marble Guild of Ontario

Carl PetersonCounsel
2 appearances
Bob SanelliAgent
1 appearance
Bob SanelliCounsel
1 appearance

for the Terrazzo, Tile and Marble Guild of Ontario Inc.

R. SanelliCounsel
1 appearance
C. PetersonCounsel
1 appearance

for the TTMGO

C. PetersonCounsel
1 appearance

for the UA

B. VosperCounsel
1 appearance
L. ArnoldCounsel
1 appearance

for the union

Lise LeducCounsel
1 appearance
Robert DesjardinsCounsel
1 appearance
Yves TessierCounsel
1 appearance

for the Union

Jim LajeunesseUnion representative
1 appearance
Michael O’BrienUnion representative
1 appearance

for The United Steelworkers of America, Local 7155

David HilkerUnion representative
1 appearance
George CasselmanUnion representative
1 appearance
Mark RowlinsonCounsel
1 appearance

for the Waterloo Furniture Components Ltd.

B. WettlaugerCounsel
1 appearance
Erin R. KuzzCounsel
1 appearance
R. PhillionCounsel
1 appearance
W.S. CookCounsel
1 appearance

for Toronto Electrical Industry Benefit Administration Services Ltd.

M. McFaddenCounsel
1 appearance

for Tridel Corporation

Jim WilkinsonCounsel
1 appearance
Richard CushingCounsel
1 appearance
Vito SantoliCounsel
1 appearance

for Underground Services (1983) Ltd.

Erin R. KuzzCounsel
1 appearance
Genvieve DebaneCounsel
1 appearance
Kevin McMurdoCounsel
1 appearance

for Veronica Jefferson

Jim JeffersonAgent
1 appearance
Veronica JeffersonSelf-represented
1 appearance

for Wilson Logistics Inc. and Wilson’s Truck Lines Limited

Dave ChapmanAgent
1 appearance
Fred von VehCounsel
1 appearance
Maria McDonaldCounsel
1 appearance

for Wilson’s Truck Lines Limited

F.R. von VehCounsel
1 appearance
Maria McDonaldCounsel
1 appearance
Paul HarveyAgent
1 appearance
Ron OuelletteAgent
1 appearance
Sharon DuffyAgent
1 appearance

for Wilson's Truck Lines Limited and Wilson Logistics Inc.

Fred von VehCounsel
2 appearances

for Wilson’s Truck Lines Limited and Wilson Logistics Inc.

Fred von VehCounsel
2 appearances

on behalf of all of the Responding Parties

S. WahlCounsel
1 appearance

831

Decisions

Years active

Tribunals

29.7

cases/mo

OLRB831(100%)

Decision types

motion

622

appeal

105

trial

104

/Adjudicator

David A. McKee — Vice-Chair

Employment and Labour Law

Administrative Law

Other Tribunals

Construction Law

Bankruptcy and Insolvency Law

David A. McKee

Vice-Chair·Ontario Labour Relations Board·Since 1999

831

cases · 3 yrs · OLRB

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 536Vice-Chair· 166Vice-Chair· 109Vice-Chair· Chair· 8Vice Chair· 8Vice-Chair· Chair· 3

David A. McKee

OLRBOntario Labour Relations BoardJun 13, 2001

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

The Ontario Labour Relations Board consented to adjourn the applications sine die for a period not exceeding one year, having regard to the agreement of the parties.

International Union of Bricklayers and Allied Craftsmen, Locals 6, 7 and 25 v. Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers, 2001 CanLII 11437

David A. McKee

OLRBOntario Labour Relations BoardJun 12, 2001

Board directs applicant to file submissions on responding parties' motion to dismiss unfair labour practice application.

The applicant union filed an unfair labour practice application alleging violations of sections 5 and 76 of the Labour Relations Act, 1995.

The responding parties moved to dismiss the application for failing to disclose a prima facie case.

The Board directed the applicant to file written submissions addressing specific jurisdictional and labour relations issues before ruling on the motion to dismiss.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America, 2001 CanLII 10827

M. Lewis

11 cases1991–2001

L. Richmond

10 cases1980–2003

John Moszynski

Deceased71 cases1986–2017

D. Watson

4 cases2000–2001

D. Leone

D. Defrancesco

C. E. Humphrey

23 cases1980–2001

David A. McKee

OLRBOntario Labour Relations BoardJun 11, 2001

Intervenor status granted and production of documents ordered in consolidated certification and unfair labour practice applications.

In these consolidated applications for certification and an unfair labour practice complaint, the Ontario Labour Relations Board issued an interim decision addressing preliminary matters.

The Board granted intervenor status to the Labourers' Employee Bargaining Agency, Labourers Local 183, and the Masonry Contractors Association of Toronto.

Bricklayers, Masons Independent Union of Canada Local 1 v. Del Gant Construction Limited, 2001 CanLII 3007

David A. McKee

OLRBOntario Labour Relations BoardJun 8, 2001

Union's certification application dismissed after admitting it lacked 40% membership evidence.

The applicant union advised the Board that it had underestimated the number of persons in the bargaining unit and filed membership evidence on behalf of less than 40% of them.

The applicant requested that the application be dismissed pursuant to section 8.1(5), paragraph 7 of the Labour Relations Act.

The responding party and intervenor agreed, and neither requested a bar under section 111(2)(k).

The Board dismissed the application and ordered the destruction of the ballots cast in the representation vote.

Bricklayers, Masons Independent Union of Canada Local 1 v. Avenue Structures Inc., 2001 CanLII 18669

David A. McKee

OLRBOntario Labour Relations BoardJun 7, 2001

Board directed applicants to advise if they wish to proceed with the remainder of their application.

The applicants were given until July 6, 2001 to respond, failing which the application would be deemed terminated.

Ontario Provincial Conference of the International Bricklayers and Allied Craftworkers v. International Union of Bricklayers and Allied Craftworkers, 2001 CanLII 19943

David A. McKee

Board declines to dismiss unfair labour practice complaint but orders applicant to provide further particulars.

The responding parties requested that the application be dismissed for failing to disclose a prima facie case.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America and Fernbrook Homes Ltd., 2001 CanLII 13462

David A. McKee

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

The Ontario Labour Relations Board granted a consent request to adjourn the applications sine die for a period not exceeding one year.

If neither party requests to proceed within that time, the applications will be deemed terminated.

IWA Canada v. Beaumen Waste Management Systems Ltd., 2001 CanLII 13337

David A. McKee

Board affirmed decision to postpone issuing certification pending resolution of constitutional jurisdiction issue.

The Board rejected this argument, noting that a certificate cannot issue when other issues, such as constitutional jurisdiction, remain unresolved.

The Board affirmed its earlier decision to postpone determining the constitutional jurisdiction issue until a later date.

Canadian Telephone Employees Association v. Certen Inc., 2001 CanLII 19517

David A. McKee

Certificate issued to union following successful representation vote in construction industry.

The applicant union applied for certification.

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. Georgian Group Inc., 2001 CanLII 13302

David A. McKee

Union decertified following representation vote where majority of employees voted in opposition.

The applicant applied to terminate the bargaining rights of the responding party union.

Marc Lefebvre v. Sheet Metal Workers’ International Association, Local Union No. 47, 2001 CanLII 10304

David A. McKee

Board directs responding parties to file response within 10 days due to procedural confusion.

The applicant requested that the Board deem the responding parties to have accepted all facts alleged in the application due to their failure to file a response.

Consequently, the Board directed the responding parties to file a response within 10 days, after which the applicant's motion would be considered if no response was filed.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Daniel McLean, 2001 CanLII 6288

David A. McKee

OLRBOntario Labour Relations BoardMay 31, 2001

Hearing cancelled on consent and schedule set for written submissions on list issues.

The Board cancelled the hearing set for May 31, 2001, based on the agreement of the parties.

The parties were directed to file submissions regarding list issues by June 7, 2001, after which the application would be referred to the Manager of Field Services.

Allied Construction Employees, Local 1030, United Brotherhood of Carpenters and Joiners of America v. National Homes, 2001 CanLII 9428

M. Lewis

11 cases1991–2001

L. Richmond

10 cases1980–2003

D. Watson

4 cases2000–2001

D. Leone

D. Defrancesco

David A. McKee

Board directed notice of certification and unfair labour practice proceedings to potentially affected third parties.

The Board heard preliminary matters regarding three applications for certification by Bricklayers Local 1 and an unfair labour practice complaint by the Carpenters' Union.

A further hearing was scheduled to determine intervenor status and the order of proceedings.

Bricklayers, Masons Independent Union of Canada Local 1 v. Del Gant Construction Limited, 2001 CanLII 12810

David A. McKee

Board refused to stay its previous order pending judicial review and directed immediate compliance.

The Board noted that an application for judicial review does not automatically stay its decisions and directed the parties to comply with the previous order.

The Board also indicated a willingness to extend the August 31, 2001 deadline for union membership applications once the required notices could be delivered.

International Union of Bricklayers and Allied Craftsmen, Locals 6, 7 and 25 v. Brick and Allied Craft Union of Canada, 2001 CanLII 10043

David A. McKee

Request to add a responding party dismissed due to applicant's failure to file reply submissions.

The applicant requested to add Sager Drywall Ltd. as a responding party to the application.

One of the responding parties, Andan Drywall Ltd., filed submissions opposing the request.

The applicant failed to reply to these submissions despite being directed to do so by the Board.

In the absence of any submissions from the applicant, the Board dismissed the request to add the new responding party.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Lisi Brothers Construction Limited, 2001 CanLII 8116

David A. McKee

Board directed a consultation to resolve disputed facts regarding a duty of fair representation complaint.

The applicant filed submissions regarding her employment status and right to grieve her discharge.

The Board found the submissions unhelpful as they did not respond to previously identified issues or provide the relevant collective agreement.

Brenda Currine Perrin v. Ontario Public Service Staff Union, 2001 CanLII 6588

David A. McKee

Board adjourns certification application pending outcome of related federal jurisdiction proceedings before the CIRB.

The applicant union applied for certification under the Labour Relations Act, 1995, but raised the issue of whether the employment relationship falls within federal or provincial jurisdiction.

The applicant requested that the Board defer final consideration of the application until proceedings before the Canada Industrial Relations Board (CIRB) were complete.

The responding party argued that the Board must issue a certificate as a representation vote had been conducted and a majority voted in favour of the applicant.

The Board decided to adjourn the hearing into the constitutional issue and hold the matter in abeyance for a limited period, directing the applicant to advise on the status of the CIRB application.

Canadian Telephone Employees Association v. Certen Inc., 2001 CanLII 17029

David A. McKee

OLRBUnanimous0 cases1998–2001

Board orders production of work records and defers consideration of related file.

The Board issued a procedural direction in an application involving the applicant, the union, and the intervenor employer.

The responding party withdrew its objection regarding improper delivery, leading the Board to defer consideration of one file until the conclusion of the other pursuant to section 111(3)(b).

Tony Monaco v. The International Brotherhood of Electrical Workers et al., 2001 CanLII 13427

J. G. Knight

G. McMenemy

OLRBUnanimous0 cases1993–2001

David A. McKee

OLRBUnanimous (Wrote the reasons)0 cases1999–2001

Certification application dismissed after union failed to win representation vote on agreed voters list.

The applicant union filed an application for certification and a section 96 unfair labour practice application.

Prior to the hearing, the parties entered into Minutes of Settlement agreeing to a specific voters list and the withdrawal of the section 96 application.

Based on the agreed voters list, the representation vote resulted in not more than 50% of the ballots cast in favour of the applicant.

Consequently, the Board dismissed the certification application and noted the withdrawal of the section 96 application.

Allied Construction Employees Local 1030 v. C & T Framing Inc., 2001 CanLII 4243

David A. McKee