David A. McKee

G. McMenemy

OLRB0 cases1993–2001

David A. McKee

OLRBOntario Labour Relations BoardApr 17, 2001

Grievance referral adjourned sine die on consent of the parties.

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

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Spring Valley Classic Custom Corp., 2001 CanLII 3378

David A. McKee

OLRBOntario Labour Relations BoardApr 12, 2001

Representation vote ordered in displacement application for certification in the construction industry.

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

The employees were currently represented by the intervenor.

The Board found that the applicant filed sufficient membership evidence demonstrating that not less than forty percent of the individuals in the proposed bargaining unit were members.

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

Allied Construction Employees Local 1030 v. Fernbrook Homes Ltd., 2001 CanLII 16268

Leonard Kavanaugh

2 cases2001–2017

Jerry Raso

73 cases1990–2024

David A. McKee

OLRBOntario Labour Relations BoardApr 12, 2001

Weekend shift premiums not required by collective agreement; employer's unilateral deduction of past overpayments was unlawful set-off.

The union referred grievances to arbitration alleging the employer failed to pay shift premiums for weekend and holiday work, and unlawfully deducted alleged past overpayments from employees' wages.

The Board found that the collective agreement did not provide for a shift premium for weekend work, dismissing those grievances.

However, the Board held that the employer's unilateral deduction of past overpayments from subsequent paycheques was an unlawful set-off under section 8 of the Employment Standards Act, and ordered the employer to repay the deducted amounts with interest.

Ontario Sheet Metal Workers’ and Roofers’ Conference v. Vollmer & Associates, 2001 CanLII 3136

David A. McKee

OLRBOntario Labour Relations BoardApr 12, 2001

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

The applicants applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party trade union no longer represents the employees in the bargaining unit.

Finding the application timely and that not less than forty per cent of the employees had expressed a wish not to be represented by the trade union, the Board directed that a representation vote be taken.

Bill Leak and Rod Stenning v. United Brotherhood of Carpenters and Joiners of America, Local 1946, 2001 CanLII 13033

G. Pickell

David A. McKee

A. Haward

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

The applicant union and responding employer agreed to adjourn the application sine die.

The Ontario Labour Relations Board granted the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if neither party requests to proceed.

Brick and Allied Craft Union of Canada, Local 28 v. Cambrian Construction & Masonry Company, 2001 CanLII 17506

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

David A. McKee

Application withdrawn at the request of the applicant.

The applicant, Sheet Metal Workers’ International Association, Local 473, requested to withdraw its application against E. S. Fox Ltd. The Ontario Labour Relations Board granted the request and the application was withdrawn.

Sheet Metal Workers’ International Association, Local 473 v. E. S. Fox Ltd., 2001 CanLII 3992

David A. McKee

Representation vote directed in construction industry certification application after employer failed to file response.

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

The responding party failed to file a proper response within the stipulated time.

Finding that not less than forty percent of the individuals in the proposed bargaining unit were members of the union, the Board directed that a representation vote be taken.

United Brotherhood of Carpenters and Joiners of America, Local 18 v. 1356935 Ontario Limited c.o.b. as Corporate Construction, 2001 CanLII 16887

David A. McKee

Applications withdrawn pursuant to Minutes of Settlement enforceable under section 97(7).

The parties entered into Minutes of Settlement resolving three applications before the Ontario Labour Relations Board.

Pursuant to these Minutes, the applicant withdrew its application for reconsideration and two other applications in their entirety.

The Board acknowledged the withdrawal and noted that the Minutes of Settlement are enforceable under section 97(7) of the Labour Relations Act.

International Brotherhood of Electrical Workers, Local 105 v. Wm. J. Davidson Electric Inc., 2001 CanLII 10739

David A. McKee

OLRBOntario Labour Relations BoardApr 6, 2001

Applicant directed to provide further particulars regarding individuals allegedly receiving differential treatment in duty of fair representation complaint.

The applicant filed a duty of fair representation complaint against her union.

The union requested the application be dismissed for failure to plead a prima facie case.

The Board found the applicant's submissions adequate to deal with the motion to dismiss, but directed the applicant to provide further particulars (names and job classifications) regarding two individuals she alleged received differential treatment, and set a schedule for further submissions.

Michelle Bernardo-Bell v. Ontario Public Service Employees Union Local 152, 2001 CanLII 6076

J. A. Rundle

OLRB0 cases1986–2001

H. Peacock

OLRB0 cases1987–2001

David A. McKee

OLRBOntario Labour Relations BoardApr 6, 2001

Union certification granted following a successful representation vote and withdrawal of intervenor objections.

The applicant union applied for certification to represent part-time employees and students at the responding party's retirement home.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, and the intervenor withdrawing its allegations of untimeliness, the Board issued a final decision without a hearing.

A certificate was issued to the applicant.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Caressant Care Nursing and Retirement Homes Limited, 2001 CanLII 6092

J. G. Knight

David A. McKee

A. Haward

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

The applicant union and responding employers agreed to adjourn the 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 party requests to proceed.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Plazacorp Properties Limited, 2000 CanLII 7524

J. G. Knight

David A. McKee

A. Haward

Grievance application adjourned after responding party failed to appear.

The applicant union filed a grievance against the responding party.

The responding party failed to file a Notice of Intent to Defend and did not appear at the hearing.

At the applicant's request, the Board adjourned the application to a date to be fixed by the Registrar.

Universal Workers Union, L.I.U.N.A. Local 183 v. Jag Construction Ltd., 2000 CanLII 7464

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

David A. McKee

Board corrects previous decision to remove premature finding of trade union status under section 126.

The Board reconsidered its decision of November 15, 2000, to correct an error regarding the applicant's status as a trade union.

The previous decision incorrectly stated the applicant was a trade union within the meaning of sections 1(1) and 126 of the Act, whereas the certificate of status only referred to section 1(1).

The Board deleted the reference to section 126, noting that the applicant's status under that section remains an issue to be determined at a future hearing.

Brick and Allied Craft Union of Canada v. Ontario Power Generation Inc., 2000 CanLII 2539

David A. McKee

Board issues procedural directions setting out the order of issues for an upcoming certification hearing.

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

The Board issued a procedural decision setting out the order in which it proposed to deal with the various preliminary and substantive issues at the upcoming hearing, including intervenor status, representation authority, allegations of statutory violations, trade union status, estoppel, representation vote practices, and the existence of a collective agreement.

Brick and Allied Craft Union of Canada v. Ontario Power Generation Inc., 2000 CanLII 2393

David Watson

22 cases1982–2010

David A. McKee

Adjournment request denied where responding party's counsel ceased acting shortly before the final hearing date.

The responding party requested an adjournment of the final day of hearing because its counsel had ceased acting.

The Ontario Labour Relations Board denied the request, noting that difficulties between parties and their counsel do not generally justify an adjournment.

The Board directed that the hearing would proceed as scheduled unless the applicant consented to the adjournment.

International Union of Bricklayers and Allied Craft Union of Canada, Local 23 v. Professional Masonry Service, 2000 CanLII 2343

David A. McKee

Board orders union certification applications to be heard together with related ongoing unfair labour practice files.

The applicant union filed applications under section 154 of the Labour Relations Act, 1995 to be certified to represent a provincial unit of affiliated bargaining agents.

The Board noted that these applications appeared to be part of an ongoing dispute between the applicant and the International Union of Bricklayers and Allied Craftworkers.

For efficiency, the Board directed that these applications be scheduled and heard together with two other ongoing related unfair labour practice files.

Brick and Allied Craft Union of Canada v. The Terrazzo, Tile and Marble Guild of Ontario Inc., 2000 CanLII 4355

David A. McKee

OLRBOntario Labour Relations BoardDec 19, 2000

Board cancelled and rescheduled hearing dates for January 2001.

The Board issued a procedural decision cancelling the hearing dates of January 16 and 17, 2001, and setting new dates for January 25 and 26, 2001.

The Board also provided scheduling information for related Board files.

Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers v. International Union of Bricklayers and Allied Craftworkers, 2000 CanLII 9809

David A. McKee

OLRBOntario Labour Relations BoardDec 15, 2000

Employer granted extension to respond to Ministry submissions due to lack of service.

The Board issued a procedural direction in an employment standards matter.

The Ministry of Labour filed submissions regarding a settlement but failed to serve them on the employer as previously directed.

The Board ordered that a copy be sent to the employer and granted the employer an extension to January 3, 2001, to file a response.

SIA Insurance Brokers Limited v. Lorraine Crosby, 2000 CanLII 7437

David A. McKee