David A. McKee

Motion to dismiss duty of fair representation complaint for lack of prima facie case denied; submissions ordered on delay.

The responding union brought a motion to dismiss the applicant's duty of fair representation complaint without a hearing, arguing that it failed to disclose a prima facie case and was barred by delay.

The Board declined to dismiss the application for lack of a prima facie case, finding sufficient facts were pleaded.

However, noting that the applicant's discharge occurred two years prior to the application, the Board directed the applicant to file written submissions explaining the delay before making a final determination on that issue.

Scott Chalmers v. Canadian Union of Public Employees Local 139, 2000 CanLII 7896

David A. McKee

Board revoked a decision issued in error and ordered funds disbursed pursuant to a settlement.

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

The Board reconsidered and revoked a previous decision issued in error.

The workplace parties entered into Minutes of Settlement.

The Board ordered the Director in trust to disburse the held funds, returning $454.74 to the employer and retaining the $100 administration fee.

The matter was deemed terminated absent a request for a hearing from the Ministry of Labour.

Prestige Mechanical Ltd. v. Paul Apperley, 2000 CanLII 10650

David A. McKee

Board directs submissions on whether duty of fair representation complaint discloses a prima facie case.

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

The union and intervenor employer requested the application be dismissed for failing to disclose a prima facie case, arguing the applicant was not an employee in the bargaining unit.

The Board directed the applicant to file submissions addressing whether the alleged facts could make out a violation of section 74.

The Board declined to address the applicant's preliminary objection regarding a potential conflict of interest of the union's counsel, noting a lack of clear authority to govern professional conduct matters beyond conduct before the Board.

Sergio Pantarotto v. International Union of Painters & Allied Trades, Local 1891, 2000 CanLII 10476

Lawrence J. Cohen, Q.C.

1 case2000–2000

David A. McKee

Application for review of Employment Standards officer's decision dismissed after applicant failed to appear.

The applicant sought a review of an Employment Standards officer's decision under section 68 of the Employment Standards Act.

A hearing was scheduled and notice was sent to the applicant.

After waiting the customary half-hour past the scheduled start time, the applicant failed to appear.

Consequently, the Ontario Labour Relations Board dismissed the application.

Rita Welker v. Orlick Industries Limited, 2000 CanLII 9212

David A. McKee

OLRBOntario Labour Relations BoardDec 12, 2000

Adjournment granted with specific options provided for rescheduling to ensure expedition.

The parties requested an adjournment of the scheduled hearing due to counsel's health and inclement weather.

The Ontario Labour Relations Board granted the adjournment but noted the need for expedition, as another related matter was scheduled for January.

The Board provided the parties with several options for rescheduling the hearing and directed them to advise the Board of their agreement or make submissions.

Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers v. International Union of Bricklayers and Allied Craftworkers, 2000 CanLII 13108

J. G. Knight

David A. McKee

A. Haward

OLRBOntario Labour Relations BoardDec 12, 2000

Board refuses to adjourn applications to a date to be set, adjourning them sine die instead.

The parties requested an adjournment of two applications under sections 69 and 1(4) of the Labour Relations Act, 1995 to a date to be set by the Board, and agreed to adjourn three grievance referrals sine die.

The Board declined to adjourn the section 69/1(4) applications to a date to be set, noting this was the second time multiple hearing days were adjourned at the last minute.

Instead, the Board adjourned all matters sine die for a period not exceeding one year, requiring the parties to commit to peremptory dates if they wish to proceed.

Carpenters and Allied Workers Local 27 v. Canning Contracting Limited, 2000 CanLII 8201

David A. McKee

OLRBOntario Labour Relations BoardDec 11, 2000

Board denies intervenor status to rival union lacking direct legal interest; defers decision on other locals.

The applicants and responding parties are involved in a proceeding before the Ontario Labour Relations Board.

Three groups sought intervenor status: the BACU and its locals, IUBAC Locals 6, 7, and 25, and the 11 IUBAC locals.

The Board denied intervenor status to the BACU, finding it lacked a direct and legal interest and that its participation was unnecessary given the overlap with the applicants.

The Board deferred its decision on the remaining proposed intervenors pending brief submissions.

Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers v. International Union of Bricklayers and Allied Craftworkers, 2000 CanLII 2090

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

David A. McKee

OLRBOntario Labour Relations BoardDec 8, 2000

Grievance referral to arbitration terminated following parties entering into Minutes of Settlement.

The applicant union referred a grievance to arbitration against the responding party employer.

The parties entered into Minutes of Settlement.

Accordingly, the Ontario Labour Relations Board terminated the referral of the grievance to arbitration.

Labourers’ International Union of North America, Local 506 v. RES 2000 Structures Inc., 2000 CanLII 8005

David A. McKee

OLRBOntario Labour Relations BoardDec 7, 2000

Board adopts agreed schedule of production and notice of disputes.

The Ontario Labour Relations Board issued a procedural decision adopting the schedule of production and notice of disputes agreed upon by the parties, as set out in the letter from the applicant's counsel dated December 1, 2000.

Labourers International Union of North America, Local 527 v. Thomas Fuller Construction Co. Limited, 2000 CanLII 9122

M. Gottheil

7 cases1991–2000

L. Richmond

10 cases1980–2003

D. Eady

6 cases1998–2024

D. Bannon

3 cases1995–2000

C. Peterson

7 cases1983–2023

David A. McKee

OLRBOntario Labour Relations BoardDec 7, 2000

Board sets hearing dates and protocol for written statements on pension issue.

The Ontario Labour Relations Board issued a procedural decision setting hearing dates and establishing a protocol for the delivery of written statements and documents regarding a pension issue.

The parties were directed to file statements of facts and lists of documents, with a process for objections and the preparation of a joint document book.

Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers v. International Union of Bricklayers and Allied Craftworkers, 2000 CanLII 6549

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

David A. McKee

OLRBOntario Labour Relations BoardDec 7, 2000

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.

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

The International Union of Painters and Allied Trades, District Council 46 v. Konos Construction Ltd., 2000 CanLII 9386

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

David A. McKee

OLRBOntario Labour Relations BoardDec 6, 2000

Board issues consent order incorporating Minutes of Settlement for $10,000 in damages.

The union referred a grievance to the Ontario Labour Relations Board under s. 133 of the Labour Relations Act, 1995.

The parties executed Minutes of Settlement resolving the grievance and a related application by the employer.

The Board incorporated the settlement into its decision, declaring the employer bound by the Provincial Collective Agreement, finding a violation regarding work performed at a college site, and ordering the payment of $10,000 in damages.

United Brotherhood of Carpenters and Joiners of America, Local 2041 v. Larochelle Drywall Corp., 2000 CanLII 2929

David A. McKee

OLRBOntario Labour Relations BoardDec 1, 2000

Employer's preliminary motion to dismiss health and safety appeal denied; matter directed to hearing.

The applicant appealed an inspector's order under the Occupational Health and Safety Act following a workplace injury caused by a defective strut.

The responding employer requested the application be dismissed without a hearing on grounds of timeliness, lack of jurisdiction to grant the requested punitive remedy, and failure to disclose a prima facie case.

The Board declined to dismiss the application at the preliminary stage, noting concerns about imposing strict pleading standards on unrepresented parties, but directed that the upcoming hearing focus on clarifying the requested relief and whether the employer's remedial actions were sufficient.

Kathy Adams Izzard v. General Motors of Canada Limited, 2000 CanLII 1707

David A. McKee

OLRBOntario Labour Relations BoardDec 1, 2000

Board scheduled a meeting to discuss evidence and fix hearing dates.

The Ontario Labour Relations Board issued a procedural direction scheduling a meeting for December 6, 2000, to discuss further evidence, document proposals, and fix dates for the continuation of the hearing.

Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers v. International Union of Bricklayers and Allied Craftworkers, 2000 CanLII 6904

David A. McKee

OLRBOntario Labour Relations BoardDec 1, 2000

Application for review of employment standards officer's decision terminated following settlement.

The applicant sought a review of an employment standards officer's decision under section 68 of the Employment Standards Act.

Prior to the hearing, the parties entered into Minutes of Settlement resolving all matters.

The Ontario Labour Relations Board terminated the application in accordance with subsection 69.1(5) of the Act.

Tiremag Corp. v. Len Welin, 2000 CanLII 9195

David A. McKee

OLRBOntario Labour Relations BoardNov 30, 2000

Adjournment request denied as the need for expedition outweighed accommodating counsel's scheduling conflict.

A proposed intervenor requested an adjournment of a consultation date because its counsel was unavailable.

The Ontario Labour Relations Board denied the request, noting that the date was the first date set, there was no issue of continuity of counsel, and the need for expedition in a case with many parties outweighed the desire to accommodate all counsel.

Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers v. International Union of Bricklayers and Allied Craftworkers, 2000 CanLII 4446

David A. McKee

OLRBOntario Labour Relations BoardNov 28, 2000

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

The applicants and responding 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 no request to proceed is made.

International Union of Bricklayers and Allied Craftsmen, Local 7 v. Brick and Allied Craft Union of Canada, 2000 CanLII 8761

David A. McKee

OLRBOntario Labour Relations BoardNov 28, 2000

Board directs parties to schedule a meeting to set hearing dates for outstanding remedial orders.

The Ontario Labour Relations Board issued a scheduling decision regarding two applications under section 96 of the Labour Relations Act, 1995.

A previous panel had found violations of sections 147 and 149, leaving the determination of appropriate remedial orders outstanding.

Due to the departure of the original Vice-Chair, a new Vice-Chair was appointed to complete the hearing.

The Board directed the parties to schedule a meeting to set hearing dates, emphasizing the urgency of resolving the dispute before the expiry of the Provincial Collective Agreements.

Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers v. International Union of Bricklayers and Allied Craftworkers, 2000 CanLII 8043

David A. McKee