David A. McKee

G. McMenemy

David A. McKee

Application withdrawn at the request of the applicants.

The applicants requested that their application be withdrawn.

The Ontario Labour Relations Board granted the request and the application was withdrawn.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. Mega Wall Concrete Forming Limited, 2001 CanLII 17540

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

Board schedules hearing to determine preliminary issues in application to terminate bargaining rights.

The applicants filed an application under section 63 of the Labour Relations Act, 1995 to terminate the bargaining rights of the responding party union.

A representation vote was held and the ballot box sealed.

The Board identified several preliminary issues, including whether the correct union was named, whether notice to the Employee Bargaining Agency was required, and the managerial status of one of the applicants.

The Board directed the scheduling of a one-day hearing to address these issues.

The Board also directed the union to clarify whether the applicants' welfare benefits had been terminated.

Ivan Doiron et al. v. International Brotherhood of Painters and Allied Trades, 2001 CanLII 7214

J. G. Knight

G. McMenemy

David A. McKee

Board directs representation vote in construction certification application, with ballots segregated pending status dispute resolution.

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

The responding party and intervenor raised objections, including an assertion by the responding party that the workers were independent contractors or employed by another employer, not employees in the bargaining unit.

The Board directed that a representation vote be held, with the ballots segregated and the ballot box sealed pending resolution of the status dispute.

Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America v. Savosil / Samavo Construction Ltd., 2001 CanLII 14703

J. G. Knight

G. McMenemy

David A. McKee

Representation vote directed 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 Board found that the applicant appeared to have the requisite 40% membership support in the proposed bargaining unit.

The Board directed a representation vote, with ballots to be segregated due to the responding party's assertion that the individuals performing the work were independent contractors or employed by another employer.

Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America v. All-Star Carp (1995) Ltd., 2001 CanLII 12285

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

J. G. Knight

G. McMenemy

David A. McKee

Board directs representation vote 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 Board found that the applicant is a trade union and an affiliated bargaining agent.

Based on the membership evidence, the Board determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board defined the appropriate bargaining unit and directed that a representation vote be taken.

The responding party's notice under section 8.1 of the Act was found not to be numerically relevant, so the ballot box would not be sealed.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Mase Contracting Ltd., 2001 CanLII 15914

J. G. Knight

G. McMenemy

David A. McKee

Application adjourned sine die on consent for a period not exceeding one year.

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.

The application will be deemed terminated if no party requests to proceed within that time.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Nelmar Drywall Company Limited, 2001 CanLII 10962

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

OLRBOntario Labour Relations BoardApr 18, 2001

Board amends representation vote direction to ask voters to choose between applicant and intervenor.

The Ontario Labour Relations Board issued an amended decision regarding a representation vote.

Paragraph 16 of the April 17, 2001 decision was revoked and substituted to ask voters whether they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.

The responding party was directed to post the amended notice.

Bricklayers, Masons, Independent Union of Canada, Local 1 v. Penegal Trim & Supply Ltd., 2001 CanLII 16187

David A. McKee

OLRBOntario Labour Relations BoardApr 18, 2001

Representation vote directed in construction industry certification application; ballot box sealed pending status dispute.

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

The Board found that the applicant appeared to have the requisite membership support and directed a representation vote.

The responding party filed a timely section 8.1 notice and raised an issue regarding whether the individuals were employees or independent contractors.

The Board directed that the ballot box be sealed and ballots segregated pending resolution of the status dispute.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Conquest Carpets Corp., 2001 CanLII 7840

J. G. Knight

G. McMenemy

David A. McKee

Board directs representation vote in construction industry certification application, sealing ballot box pending dispute resolution.

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

The responding party and intervenor raised several issues, including a section 8.1 challenge, timeliness, and a section 10(3) bar.

The Board found that these issues could be addressed at a hearing and did not prevent the holding of a representation vote.

The Board directed that a representation vote be taken among the employees in the proposed bargaining unit, with the ballot box to be sealed pending resolution of the disputes.

Bricklayers, Masons, Independent Union of Canada, Local 1 v. Penegal Trim & Supply Ltd., 2001 CanLII 17671

David A. McKee

Employment Standards Act application terminated following settlement between the parties.

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

Before the hearing commenced, the parties advised the Board that they had reached a settlement.

Pursuant to section 69.1(5) of the Act, the Board terminated the application.

Helen Gardner v. Noma Appliance and Electric, 2001 CanLII 7209

J. G. Knight

G. McMenemy

David A. McKee

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

The applicant requested to withdraw its applications.

The Ontario Labour Relations Board granted the request and the applications were withdrawn with leave of the Board.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada v. Ainsworth Inc., 2001 CanLII 20204

J. G. Knight

G. McMenemy

David A. McKee

Representation vote directed for 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 Board found that the applicant is a trade union and that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

The Board determined the appropriate bargaining unit and directed that a representation vote be taken.

Construction Workers Local 53 v. Fahringer Mechanical Limited, 2001 CanLII 10172

J. G. Knight

G. McMenemy

David A. McKee

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

The applicant filed an application 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 at least 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.

Gary Paufler v. Operative Plasterers’, Cement Masons’ and Restoration Steeplejacks’ International Association of the United States and Canada, Union Local 598, 2001 CanLII 12813

J. G. Knight

G. McMenemy

David A. McKee

Board directed a hearing to determine the applicant's trade union status before addressing employee list issues.

The applicant applied for certification under the construction industry provisions of the Labour Relations Act, 1995.

The Board directed the Registrar to set the matter down for a one-day hearing to determine whether the applicant is a trade union as defined in section 1(1) of the Act or an affiliated bargaining agent, before addressing issues regarding the list of employees.

Bricklayers, Masons Independent Union of Canada Local 1 v. 1428508 Ontario Limited c.o.b. as Forma-Con Construction, 2001 CanLII 5731

J. G. Knight

G. McMenemy

David A. McKee

Time to file a response extended on consent of the parties.

The applicant union filed an application against the responding employers.

On agreement of the parties, the Board extended the date for filing a response to April 24, 2001, or such other date as the parties may agree upon.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Hodgson-Ferr Construction Ltd., 2001 CanLII 19315

J. G. Knight

G. McMenemy

David A. McKee