David A. McKee

G. McMenemy

David A. McKee

The Board directed the scheduling of a one-day hearing to address preliminary issues in a displacement application for certification.

The applicant filed a displacement application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The Board identified four issues: the composition of the voters' list, the appropriate bargaining unit description, the alleged failure of the applicant to deliver required material, and allegations of improper conduct by the applicant.

The Board directed the Registrar to schedule a one-day hearing to address these issues and provided procedural directions for the hearing.

Labourers’ International Union of North America, Local 506 v. Metro Concrete Floors (1990) Inc., 2001 CanLII 3884

David A. McKee

Board issued procedural directions for submissions on a request to add a responding party.

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

The Ontario Labour Relations Board issued procedural directions, granting the parties and Sager Drywall Ltd. until May 10, 2001, to make submissions on the request, with the applicant's reply due by May 18, 2001.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Lisi Brothers Construction Limited, 2001 CanLII 4749

J. G. Knight

G. McMenemy

David A. McKee

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union filed an application for certification.

A representation vote was held, but not more than fifty per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

As no statement of desire to make representations was filed within the time fixed under Rule 62 of the Board's Rules of Procedure, the Ontario Labour Relations Board dismissed the application and directed the destruction of the ballots.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Lomax Management Inc., 2001 CanLII 16955

J. G. Knight

G. McMenemy

David A. McKee

School board directed to produce construction and financial documents in non-construction employer status dispute.

In an application for termination of bargaining rights under section 127.2 of the Labour Relations Act, 1995, the Board addressed a dispute over the production of documents.

The responding union sought documents to challenge the applicant school board's status as a 'non-construction employer'.

The Board directed the applicant to produce specific categories of documents dating back to January 1, 1998, including construction contracts, repair records, budgets, and leases, noting that the definition of 'non-construction employer' had recently been amended and the limits of relevance were not yet clearly defined.

Greater Essex County District School Board v. United Brotherhood of Carpenters and Joiners of America, Local 494, 2001 CanLII 17012

J. G. Knight

G. McMenemy

David A. McKee

Board directs representation vote in timely application for termination of bargaining rights.

The applicant filed an application under section 63 of the Labour Relations Act, 1995 for a declaration that the responding trade union no longer represents the employees in the bargaining unit.

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

The Board directed that a representation vote be taken of the employees in the bargaining unit.

Tony Monaco v. The International Brotherhood of Electrical Workers, 2001 CanLII 12375

J. G. Knight

G. McMenemy

David A. McKee

Application withdrawn at the request of the applicant.

The applicant requested that its application be withdrawn.

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

Drywall Acoustic Lathing and Insulation, Local 675 United Brotherhood of Carpenters and Joiners of America v. Marin Contracting Limited/New Generation Drywall Inc., 2001 CanLII 6745

David A. McKee

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw her application.

The Ontario Labour Relations Board granted the request, and the application was withdrawn with leave of the Board.

Jenny Tran v. CGI, 2001 CanLII 6056

David A. McKee

Employment standards review resolved by settlement; trust funds disbursed to parties.

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

The workplace parties entered into Minutes of Settlement.

The Board ordered the $11,000 held in trust by the Director to be disbursed as follows: $5,000 to the employer, $5,000 to the employee, and $1,000 retained by the Consolidated Revenue Fund as an administration fee.

The matter was deemed terminated subject to any request by the Ministry of Labour to relist.

R.V. Anderson Limited v. Raymond Chevrette, 2001 CanLII 15867

J. G. Knight

G. McMenemy

David A. McKee

Application withdrawn at the request of the applicants.

The applicants requested that the application be withdrawn.

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

The Residential Low Rise Forming Contractors’ Association of Metropolitan Toronto and Vicinity and Universal Workers Union, LIUNA Local 183 v. A-1 Walls Concrete Forming, 2001 CanLII 20193

J. G. Knight

G. McMenemy

David A. McKee

Board directed certification application to be heard alongside related unfair labour practice complaint.

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

The Board directed the Registrar to set the file down for hearing alongside a related unfair labour practice complaint, deferring other matters until the request for relief under section 11 is determined.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Alliance Homes Inc., 2001 CanLII 16754

J. G. Knight

G. McMenemy

David A. McKee

Board directed a hearing to resolve outstanding issues regarding service and employer resource use.

The applicants filed an application for the termination of bargaining rights held by the responding party union under section 63 of the Labour Relations Act, 1995.

A representation vote was held with no challenges to the ballots cast.

The Board directed the Registrar to list the matter for a one-day hearing to determine outstanding issues regarding the proper service of the application and allegations concerning the applicants' use of the employer's telephone and fax numbers.

Paul Mihalis et al. v. Sheet Metal Workers’ International Association, Local 285, 2001 CanLII 6930

David A. McKee

Employment Standards Act appeal resolved by settlement and funds disbursed accordingly.

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

The workplace parties entered into Minutes of Settlement.

The Board ordered the funds held in trust by the Director to be disbursed according to the settlement, with $4,142.09 to the employer, $4,142.09 to the employee, and the administration fee retained by the Consolidated Revenue Fund.

Adecco Employment Services Limited v. Cardozo-Reicher, 2001 CanLII 8204

J. G. Knight

G. McMenemy

David A. McKee

Representation vote directed in application for termination of bargaining rights.

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

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

The Board directed that a representation vote be taken and ordered the responding party to file proper particulars regarding its allegations of improper activity.

Dane Sucic v. Carpenters and Allied Workers Local Union 27 of the United Brotherhood of Carpenters and Joiners of America, 2001 CanLII 10077

J. G. Knight

G. McMenemy

David A. McKee

Board directs representation vote with segregated ballots in construction industry displacement application for certification.

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

The responding party and intervenor raised preliminary objections, including the assertion that the persons performing the work were independent contractors or employed by another employer.

The Board found that the applicant appeared to have the requisite membership support and directed a representation vote, ordering that the ballots be segregated and the ballot box sealed pending resolution of the status disputes.

Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America v. Erro-Wood Construction, 2001 CanLII 8876

J. G. Knight

G. McMenemy

David A. McKee

Application adjourned sine die on consent of the parties.

The applicant union 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 party requests to proceed.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Maple Drywall, 2001 CanLII 9983

David A. McKee

Board issues procedural directions and orders production in application to terminate bargaining rights.

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

The Board issued procedural directions regarding the composition of the voters' list and the union's allegations under section 63(13) of the Labour Relations Act.

The Board directed the Registrar to set a hearing date, ordered the union to provide particulars regarding who typed the application, ordered document production, and dismissed an issue regarding a late voter.

Wieslaw Wierzba v. Carpenters and Allied Workers Local 27, 2001 CanLII 11762

J. G. Knight

G. McMenemy

David A. McKee

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

The applicant union and responding employer 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 application will be deemed terminated if no party requests to proceed.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Select Drywall & Acoustics Inc., 2001 CanLII 5287

J. G. Knight

G. McMenemy

David A. McKee

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

The applicant union 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 party requests to proceed.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Marel Contractors, 2001 CanLII 18860

J. G. Knight

G. McMenemy

David A. McKee