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

David A. McKee

OLRBOntario Labour Relations BoardMay 22, 2001

Board directs unions to respond to non-compliance allegations regarding a previous order.

The International Union of Bricklayers and Allied Craftworkers (IUBAC) asserted that the Brick and Allied Craft Union of Canada (BACU) and the Ontario Provincial Conference (OPC) failed to comply with a previous Board direction.

The Board directed BACU and OPC to respond to the assertions by May 26, 2001, noting that the Board's orders are not self-executing and enforcement must be pursued by the parties under the Labour Relations Act.

International Union of Bricklayers and Allied Craftsmen, Locals 6, 7 and 25 v. Brick and Allied Craft Union of Canada, 2001 CanLII 16249

David A. McKee

OLRBOntario Labour Relations BoardMay 18, 2001

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

The 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 neither party requests to proceed.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787 v. Francis H.V.A.C. Services Ltd., 2001 CanLII 10356

David A. McKee

OLRBOntario Labour Relations BoardMay 18, 2001

Hearing adjourned sine die on consent of all parties.

The parties requested an adjournment sine die of the proceeding.

The Board granted the request and directed counsel for the proposed intervenors to file a notice of the proper name and addresses of the parties seeking to intervene if the matter is re-listed.

Certified Employee Bargaining Agency for Bricklayers, Stonemasons and Plasterers v. Masonry Industry Employer’s Council of Ontario, 2001 CanLII 9449

David A. McKee

OLRBOntario Labour Relations BoardMay 18, 2001

The Board issued procedural directions scheduling a hearing to determine consolidation and document production issues.

The Ontario Labour Relations Board issued procedural directions following a telephone conference regarding multiple applications.

The Board scheduled a hearing to determine whether a related unfair labour practice complaint should be heard together with three certification applications, to identify the issues arising from the applications, to determine the order of issues, and to address document production requests.

The responding parties in the unfair labour practice complaint were directed to file their responses by a specified date.

Bricklayers, Masons Independent Union of Canada Local 1 v. Del Gant Construction Limited, 2001 CanLII 19612

David A. McKee

OLRBOntario Labour Relations BoardMay 17, 2001

Board directs consolidation of three related applications and schedules a procedural consultation.

The Ontario Labour Relations Board issued a procedural direction regarding three applications involving common parties and facts.

The Board directed that the files be placed before the same panel and scheduled a consultation to determine the issues to be litigated and the order of proceedings.

Dorion v. International Brotherhood of Painters and Allied Trades, 2001 CanLII 9478

J. G. Knight

OLRB0 cases1998–2001

G. McMenemy

OLRB0 cases1993–2001

David A. McKee

Board ordered document production and scheduled a hearing to determine notice timeliness and voter eligibility.

The applicant union applied for certification.

The Board issued directions regarding two outstanding issues: the timeliness of the responding party's section 8.1 notice and the employment status of 45 voters.

The Board ordered the production of delivery records and documents relating to construction work performed, and directed the Registrar to schedule a hearing to address the section 8.1 issue and establish a protocol for examinations.

Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America v. Maplewood Carpentry Inc., 2001 CanLII 20447

David A. McKee

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

The applicant filed an application before the Ontario Labour Relations Board.

On consent of the parties, the Board adjourned the application sine die for a period not exceeding one year, after which it will be deemed terminated if no request to proceed is made.

Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America v. Jirehtec Canada Inc. operating as JCI Development Group, 2001 CanLII 17382

J. G. Knight

OLRB0 cases1998–2001

G. McMenemy

OLRB0 cases1993–2001

David A. McKee

Consent declaration issued binding related and successor employers to the provincial collective agreement.

The applicant union filed applications under sections 69 and 1(4) of the Labour Relations Act, 1995, alleging that the responding parties were related employers and/or successor employers.

The parties entered into a Memorandum of Agreement resolving the applications.

The Board issued a consent declaration that the responding parties are bound to the Rodworker Provincial Agreement.

One application was withdrawn, one resulted in the declaration, and an unfair labour practice complaint was listed for hearing.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Daniel McLean, 2001 CanLII 4764

David A. McKee

Practising Law - Employed64 cases1995–2026

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

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

International Union of Operating Engineers, Local 793 v. Torchline Corporation, 2001 CanLII 16888

Rick Currie

7 cases1995–2001

M. P. Moran

5 cases1981–2001

Michael Gottheil

24 cases1986–2003

Lou Mascarin

3 cases2000–2001

L. A. Richmond

78 cases1983–2001

Joel Freedman

4 cases1998–2006

J. Haggis

5 cases1993–2001

Jerry Coelho

1 case2001–2001

Donald K. Eady

19 cases1990–2001

Andrea Bowker

David A. McKee

Board dismisses preliminary objections to certification application based on estoppel, fraud, and abuse of process.

The applicant union applied for certification in the construction industry.

The intervenor unions argued the application should be dismissed on grounds of estoppel, fraud, and abuse of process, alleging the applicant breached a prior settlement agreement by failing to negotiate a collective agreement with the employer.

The Board dismissed these arguments, holding that estoppel cannot prevent the operation of a public statute like the Labour Relations Act, and that the applicant's conduct did not amount to fraud or an abuse of process as there was no misrepresentation or violation of the Act.

Brick and Allied Craft Union of Canada v. Ontario Power Generation Inc., 2001 CanLII 6593

David A. McKee

Applications withdrawn and suspensions of occupational health and safety orders revoked.

The applicants requested to withdraw their applications regarding occupational health and safety matters.

The Ontario Labour Relations Board granted the request, noting the applications were withdrawn and the suspensions of the previously granted orders were revoked.

Ontario Power Generation v. Power Workers Union, 2001 CanLII 17115

David A. McKee

Board orders disbursement of trust funds in accordance with parties' Minutes of Settlement.

The applicant employer filed an application for review of an Order to Pay 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 held funds in accordance with the settlement, returning $1,097.78 to the employer, paying $608.70 to the employee, and retaining $170.65 as an administration fee.

NEF Canada Inc. v. Luidmila Kulaguina, 2001 CanLII 5586

David A. McKee

Board ordered disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

The applicant employer sought a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the disbursement of the funds held in trust by the Director in accordance with the settlement, with $2,750.00 paid to the employee and $1,033.69 returned to the employer.

Roofmart (Ontario) Limited v. Brad E. St. Jean and Ministry of Labour, 2001 CanLII 8195

David A. McKee

Employment Standards Act application terminated following parties entering into Minutes of Settlement.

The applicant filed an application under the Employment Standards Act against the responding parties.

The parties subsequently entered into Minutes of Settlement.

Pursuant to section 19.1(5) of the Act, the Board terminated the application.

Joseph Iskandar v. Factory Carpet and Ministry of Labour, 2001 CanLII 17580

David A. McKee

Employment Standards Act application terminated following parties entering into Minutes of Settlement.

The parties entered into Minutes of Settlement regarding an Employment Standards Act application.

Pursuant to section 19.1(5) of the Act, the Board terminated the application.

Thomas Leavey v. S & S Disposable Packaging and Ministry of Labour, 2001 CanLII 20285

David A. McKee

Board directs responding parties to advise if they maintain service objections in termination applications.

The applicant filed two applications for the termination of bargaining rights.

The second application was filed due to an issue with service raised by the responding party in the first application.

The applicant requested a second representation vote, while the responding party suggested deferring the decision.

In light of a recent Board decision regarding notice issues, the Board directed the responding parties to advise if they maintain their service objections and, if so, to file detailed written submissions.

Tony Monaco v. The International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario and affiliated IBEW Local Union 353, 2001 CanLII 2377

David A. McKee

Board directed applications to be listed for a hearing to consider a consolidation request.

The Ontario Labour Relations Board directed the Registrar to list two applications for a hearing before the same panel hearing a third related application.

The purpose of the hearing is to deal with the applicants' request to consolidate the three files.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786 v. Briecan Construction Limited, 2001 CanLII 16462

David A. McKee