David A. McKee

OLRBOntario Labour Relations BoardMay 11, 2001

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

OLRBOntario Labour Relations BoardMay 11, 2001

Board directs union to file written submissions regarding its objection to the location of a representation vote.

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

A representation vote was held in the employer's boardroom, resulting in a unanimous vote for termination.

The union objected to the vote location, arguing it was not neutral, and requested a hearing.

The Board noted that holding a vote on the employer's premises does not inherently prevent employees from expressing their true wishes and directed the union to file written submissions detailing its objections before determining if a hearing is necessary.

Robert Lackie v. Sheet Metal Workers’ International Association, Local 30, 2001 CanLII 20950

G. Pickell

David A. McKee

A. Haward

Representation vote ordered in construction industry certification application; ballot box sealed due to section 8.1 notice.

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

The responding party filed a numerically relevant notice under section 8.1, prompting the Board to order the ballot box sealed.

Finding that the applicant appeared to have the requisite membership support, the Board defined the appropriate bargaining unit and directed that a representation vote be held.

The International Union of Painters and Allied Trades, Local Union 1904 v. 1264030 Ontario Inc. c.o.b. Premier Painting Services, 2001 CanLII 6764

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

David A. McKee

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

The applicant union filed a grievance against the responding party employer.

On consent of all parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

United Brotherhood of Carpenters and Joiners of America, Local 1256 v. C & C Construction Group, 2001 CanLII 16883

David A. McKee

Union decertified after majority of employees voted in opposition to the responding party.

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

A representation vote was held, and more than fifty percent of the ballots cast by employees in the bargaining unit were in opposition to the union.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board declared that the union no longer represents the employees of Brisk-All Glass in the specified bargaining unit.

Bill Yando, et al v. The International Brotherhood of Painters and Allied Trades and the Ontario Council of the International Brotherhood of Painters and Allied Trades, 2001 CanLII 12127

David A. McKee

Board directs written submissions on union's objection to holding representation vote in employer's boardroom.

The applicant applied to terminate the responding party's bargaining rights.

A representation vote was held in the employer's boardroom, resulting in a unanimous vote for termination.

The responding party objected to the vote location, arguing it was not neutral and should have been held at the job sites.

The Board noted that holding a vote on employer premises is common and does not inherently prevent employees from expressing their true wishes.

The Board directed the responding party to file written submissions detailing its objections before determining if a hearing is necessary.

Marc Lefebvre v. Sheet Metal Workers’ International Association, Local Union No. 47, 2001 CanLII 20951

David A. McKee

Default judgment granted against employer for unpaid union remittances in construction industry grievance.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to remit required contributions under the provincial collective agreement.

The responding party failed to file a response or notice of intent to defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted the facts stated in the application.

The Board ordered the responding party to pay $12,867.98 in unpaid remittances and liquidated damages, plus fees and costs, but declined to order the posting of a bond due to insufficient information.

International Union of Operating Engineers, Local 793 v. Don Cordingley Gradall Rental Ltd., 2001 CanLII 7809

David A. McKee

Board proposes to amend bargaining unit description pursuant to Minutes of Settlement unless intervenor objects.

The applicant, responding party, and an intervenor entered into Minutes of Settlement to amend the bargaining unit description to delete references to rodmen and rodmen's apprentices.

The Board indicated it would amend the description as agreed unless another intervenor objected by a specified date.

Allied Construction Employees Local 1030 v. Tyger Construction Inc., 2001 CanLII 2845

David A. McKee

Style of cause amended to reflect both OPSEU locals as applicants.

The Ontario Labour Relations Board issued a brief decision amending the style of cause to reflect both OPSEU Local 110 and Local 109 as the applicants in the matter.

OPSEU, Locals 109 & 110 v. Fanshawe College, 2001 CanLII 16125

G. Pickell

David A. McKee

A. Haward

Representation vote directed 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 Ontario Labour Relations Board found that the applicant had the requisite membership support of at least forty percent in the proposed bargaining unit.

The Board determined the appropriate bargaining unit and directed that a representation vote be held among the eligible employees.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Commercial Mechanical Services Ltd., 2001 CanLII 3719

David A. McKee

Application withdrawn following Minutes of Settlement between the parties.

The applicant union filed an application under subsection 1(4) and section 69 of the Labour Relations Act, 1995 against the responding employers.

The parties entered into Minutes of Settlement resolving the matters between them.

At the request of the applicant, the Board ordered the application withdrawn.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Hodgson-Ferr Construction Ltd., 2001 CanLII 17936

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

David A. McKee

Application withdrawn at the request of the applicant.

The applicant, International Brotherhood of Electrical Workers, Local 894, requested to withdraw its application against Vickery Electric Contracting Limited.

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

International Brotherhood of Electrical Workers, Local 894 v. Vickery Electric Contracting Limited, 2001 CanLII 5515

David A. McKee

Application withdrawn at the request of the applicant.

The applicant requested to withdraw the application.

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

Terry Carl v. Classic Bowl Inc., 2001 CanLII 6834

David A. McKee

Board orders disbursement of funds held in trust pursuant to Minutes of Settlement.

The applicants filed an application 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 funds held in trust by the Director of Employment Standards in accordance with the settlement, with $750 paid to the employee and $1,885.19 returned to the employer.

Giovanna Petricone and Giuseppina Petricone v. Salvie Lecena, 2001 CanLII 4803

David A. McKee

Employer ordered to pay $25,592.03 in unremitted contributions after failing to respond to grievance referral.

The applicant union referred two grievances to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit required deductions and contributions under the applicable collective agreements.

The responding party failed to file a response or notice of intent to defend.

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 liable for the unremitted amounts for June and July 2000, ordered payment of $25,592.03 plus filing fees, and directed the filing of reports for subsequent months.

International Union of Operating Engineers, Local 793 v. Torchline Corporation, 2001 CanLII 19052

David A. McKee

Employer found liable in default for failing to remit benefit contributions; damages hearing scheduled.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer failed to remit benefit contributions.

The employer failed to file a response or notice of intent to defend.

Pursuant to the Board's Rules of Procedure, the Board deemed the facts in the application accepted and found the employer liable for violating the collective agreement.

The Board directed the employer to pay the required contributions and scheduled a hearing to assess damages.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Ontario Fireproofers Ltd., 2001 CanLII 14149

David A. McKee

Employer found liable for unpaid benefit remittances in default proceeding after failing to respond.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer failed to make required benefit remittances.

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

Pursuant to the Board's Rules of Procedure, the Board deemed the facts in the application accepted and found the responding party liable for violating the collective agreement.

A hearing was scheduled solely to assess the quantum of damages.

The International Union of Painters and Allied Trades, District Council 46 v. M. L. Painting & Decorating Ltd., 2001 CanLII 17588

David A. McKee

Board directed two related applications to be listed for a two-day hearing before the same panel.

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

The panel hearing the applications will determine the order of evidence, argument, and issues.

International Union of Painters and Allied Trades, Local 200 v. S & S Glass & Aluminum (1993) Ltd., 2001 CanLII 11433

David A. McKee