David A. McKee

OLRBOntario Labour Relations BoardNov 22, 2000

Board reconsiders previous decision and issues a new decision to be posted in the workplace.

The Ontario Labour Relations Board reconsidered its decision of November 20, 2000, specifically paragraph 1.

The Board issued a new decision dated November 20, 2000, to replace the previous one, and directed that the new decision be posted in the workplace and any copies of the previous decision be removed and destroyed.

The Ottawa Transition Board v. The Ottawa-Carleton Public Employees’ Union Local 503, 2000 CanLII 1072

David A. McKee

Employment standards application terminated following resolution by the parties.

The applicant filed an application under the Employment Standards Act against the Ministry of Solicitor General and Correctional Services and the Ministry of Labour.

The parties advised the Ontario Labour Relations Board that the matter had been resolved.

Consequently, the Board terminated the application pursuant to section 69.1(5) of the Employment Standards Act.

Ronald Maude v. The Ministry of Solicitor General and Correctional Services – Hamilton-Wentworth Detention Centre and Ministry of Labour, 2000 CanLII 6874

David A. McKee

Motion for Vice-Chair to step down due to reasonable apprehension of bias dismissed.

The applicant union brought a motion requesting that the Vice-Chair step down from hearing the application due to a reasonable apprehension of bias.

The applicant argued that the Vice-Chair's prior professional background representing international unions, a previous administrative scheduling decision, findings of fact in a prior related decision, and the exercise of discretion in that prior decision created a reasonable apprehension of bias.

The Board dismissed the motion, finding that none of the grounds raised, individually or cumulatively, met the high threshold for establishing a reasonable apprehension of bias by an informed person viewing the matter realistically and practically.

Brick and Allied Craft Union, Local 5 v. International Union of Bricklayers and Allied Craftworkers, Local 6, 2000 CanLII 13342

David A. McKee

Application withdrawn on agreement of the parties.

The applicant sought to withdraw its application following an agreement between the parties.

The Ontario Labour Relations Board noted the agreement and ordered the application withdrawn.

Prestige Mechanical Ltd. v. Paul Apperley and Ministry of Labour, 2000 CanLII 10783

David A. McKee

Board Officer appointed to mediate bargaining unit configuration issues following hospital restructuring.

The applicant union filed an application under the Public Sector Labour Relations Transition Act, 1997 regarding bargaining rights following hospital restructuring.

The Ontario Labour Relations Board issued a preliminary decision directing the employer to provide notice to all affected bargaining agents and to post the decision in the workplace.

To facilitate an economical and expeditious resolution, the Board appointed a Board Officer to meet with the parties and attempt to settle the matters in dispute.

Canadian Union of Public Employees, Local 786 v. St. Joseph’s Hospital, 2000 CanLII 7009

David A. McKee

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

The applicant union brought an application against the responding union.

On consent of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. The United Brotherhood of Carpenters and Joiners of America, 2000 CanLII 1071

David A. McKee

Application adjourned sine die on consent of the parties.

The applicant filed an application against the responding parties.

On the agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year.

If no party requests to proceed within that time, the application will be deemed terminated.

Victoria Roy v. Infoplace Ticket Centre Ltd, 2000 CanLII 2240

David A. McKee

Board Officer appointed and consultation scheduled to address bargaining rights following municipal amalgamation.

The applicant brought an application under the Public Sector Labour Relations Transition Act, 1997 respecting the bargaining rights of various unions following municipal amalgamation.

The Ontario Labour Relations Board appointed a Board Officer to assist the parties in resolving the matters in dispute and scheduled a consultation to address any unresolved issues.

The Board also issued procedural directions regarding the filing of materials and the posting of notices in the workplace.

The Ottawa Transition Board v. The Ottawa-Carleton Public Employees’ Union Local 503, 2000 CanLII 8425

David A. McKee

Board Officer appointed and consultation scheduled to resolve bargaining unit configurations following municipal amalgamation.

The applicant applied under the Public Sector Labour Relations Transition Act, 1997 to determine new bargaining unit configurations and appoint new bargaining agents following a municipal amalgamation.

The Ontario Labour Relations Board appointed a Board Officer to assist the parties in resolving the matters in dispute and scheduled a consultation to address any unresolved issues.

The Ottawa Transition Board v. The Ottawa-Carleton Public Employees’ Union Local 503 et al., 2000 CanLII 7322

David A. McKee

Board declined to determine grievance referral without a hearing despite responding party's failure to file.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, and requested a determination without a hearing because the responding party failed to file a Notice of Intent to Defend.

The Board declined the request, finding it inappropriate given the issues raised, and directed that the matter remain set for hearing.

International Union of Bricklayers and Allied Craftworkers, Local 7 v. GEM Campbell Terrazzo & Tile, 2000 CanLII 7631

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

The applicants and responding parties agreed to adjourn the applications.

The Ontario Labour Relations Board consented to adjourn the matters sine die for a period not exceeding one year, after which they will be deemed terminated if no request to proceed is made.

Sheet Metal Workers’ International Association, Local 537 v. Whiteside Roofing and Sheet Metal Ltd., 2000 CanLII 8221

David A. McKee

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

The applicant union and responding union 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.

Universal Workers Union, L.I.U.N.A Local 183 v. United Brotherhood of Carpenters and Joiners of America, 2000 CanLII 1363

David A. McKee

Application withdrawn at the request of the applicant.

The applicant requested to withdraw her application against 1301199 Ontario Ltd o/a Flags Unlimited and the Ministry of Labour.

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

Brenda Rooney v. 1301199 Ontario Ltd o/a Flags Unlimited, 2000 CanLII 9258

David A. McKee

Application withdrawn with leave of the Board.

The applicant, Brick and Allied Craft Union of Canada, sought to withdraw its application against the responding parties.

The Ontario Labour Relations Board granted leave to withdraw the application.

Brick and Allied Craft Union of Canada v. International Union of Bricklayers & Allied Craftworkers, Local 6, 2000 CanLII 9245

David A. McKee

Board declines to grant summary judgment enforcing a settlement without a hearing.

The applicant union applied to enforce a settlement under s. 96(7) of the Labour Relations Act, 1995, and requested that the Board grant the relief sought without a hearing on the basis that the responding party's response raised no arguable defence.

The Board declined to grant the order, finding that while it has the authority to control its own process, the rules do not provide jurisdiction to grant a motion for summary judgment short of a hearing in this context.

The Board directed the Registrar to list the matter for a hearing.

Labourers’ International Union of North America, Local 506 v. Teperman and Sons (Canada) Limited, 2000 CanLII 1224

J. A. Rundle

OLRB0 cases1986–2001

H. Peacock

OLRB0 cases1987–2001

David A. McKee

Board directs representation vote in displacement application for union certification.

The applicant trade union filed a displacement application for certification to represent employees currently represented by the intervenor.

The Board found that the applicant is a trade union under the Labour Relations Act, 1995, and that it appeared to have the requisite membership support of not less than forty per cent of the individuals in the proposed bargaining unit.

The Board directed that a representation vote be taken to determine whether the employees wish to be represented by the applicant or the intervenor.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Diversicare Management Services Inc., 2000 CanLII 8727

David A. McKee

Time limit to file application for review extended due to Ministry of Labour miscommunication.

The applicant filed an application for review of an Employment Standards officer's decision beyond the 45-day limit.

The applicant requested an extension of time, explaining that the Ministry of Labour had miscommunicated information regarding the status of her file, which caused the delay.

The Ministry confirmed this miscommunication.

The Board granted the extension and referred the file for processing.

Katherine P. Beintema v. T. T. Group Limited, 2000 CanLII 8547

David A. McKee

Board directed applicant to file written submissions responding to motion to dismiss OHSA appeal.

The responding parties brought a motion to dismiss the applicant's appeal of an Occupational Health and Safety Inspector's order without a hearing.

The Board directed the applicant to provide written submissions responding to the assertions that the complaint was delayed, was an attempt to bypass the grievance procedure, and sought remedies beyond the Board's jurisdiction.

Kathy Adams Izzard v. General Motors of Canada Limited, 2000 CanLII 3204

J. G. Knight

OLRB0 cases1998–2001

G. McMenemy

OLRB0 cases1993–2001

David A. McKee

Grievance allowed in default proceeding; employer ordered to pay damages for employing non-union workers.

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

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

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 violated the collective agreement by employing non-union members and ordered payment of $3,905.44 in damages and $214.00 in costs.

Lake Ontario District Council, United Brotherhood of Carpenters and Joiners of America v. 1112740 Ontario Inc., 2000 CanLII 3366

David A. McKee