David A. McKee

OLRBOntario Labour Relations BoardNov 17, 2000

Parties directed to copy each other on all correspondence to the Board.

The responding party wrote to the Board requesting particulars of the applicant's allegations regarding a breach of Minutes of Settlement, but failed to copy the applicant.

The applicant had similarly failed to copy the responding party on his original letter.

The Board directed both parties to provide copies of all future correspondence to the Board to all other parties.

Edward Dunnill v. Williams Operating Corporation, 2000 CanLII 8578

David A. McKee

OLRBOntario Labour Relations BoardNov 17, 2000

Time for filing responses extended on consent.

The Ontario Labour Relations Board granted an extension of time for the responding parties to file their responses, on agreement of the parties.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Westpine Carpet & Tile Ltd., 2000 CanLII 5350

David A. McKee

OLRBOntario Labour Relations BoardNov 17, 2000

Applicant directed to provide written reasons for late filing of employment standards review application.

The applicant filed an application for review of an Employment Standards officer's decision past the statutory time limit.

She requested an extension, claiming she received a letter from the Board late.

The Board noted it had no involvement prior to the application being filed and directed the applicant to provide a written explanation for the delay by December 14, 2000, failing which the application would be terminated.

Diana Kossev v. Magicuts, 2000 CanLII 7585

Representation vote ordered in construction industry certification application for carpenters and apprentices.

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 filed, 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 for carpenters and carpenters' apprentices and directed that a representation vote be taken.

Drywall Acoustic Lathing and Insulation Local 675 v. 1317404 Ontario Limited o/a Vanderwal Construction, 2000 CanLII 9110

David A. McKee

Board scheduled an expedited hearing for an employer's application alleging an unlawful strike.

The applicant employers filed an application under section 144 of the Labour Relations Act, 1995, alleging that the responding union and its officials called, authorized, and threatened an unlawful strike.

The Board noted that the application was currently a mere allegation without a hearing.

After reviewing the comprehensive statutory scheme prohibiting unlawful strikes and the available remedies, the Board scheduled the matter for an expedited hearing and directed the parties to file replies and notify affected employees.

Sayers & Associates Limited v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 463, 2000 CanLII 11231

J. G. Knight

G. McMenemy

David A. McKee

Default order issued for unpaid wages and document production after employer failed to respond to grievance.

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

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

The Board noted that under its Rules of Procedure, a failure to respond allows the Board to deem the facts in the application as accepted.

Despite an intervention filed by another union entity, the Board issued a default order requiring the responding party to pay $1,840.00 in unpaid wages to a specific employee and to produce relevant financial documents for the calculation of benefit fund contributions.

International Union of Bricklayers and Allied Craftworkers, Local 7 v. Bells Corners Flooring Ltd., 2000 CanLII 2350

David A. McKee

Board corrects typographical error regarding hearing date in earlier decision.

The Ontario Labour Relations Board issued a decision to correct a typographical error in an earlier decision dated the same day.

The hearing date was corrected from June 20, 2000, to November 20, 2000.

Sayers & Associates Limited v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 463, 2000 CanLII 10195

J. G. Knight

G. McMenemy

David A. McKee

Board declines to issue default order where applicant failed to deliver correspondence to responding party.

The applicant union sought an order based on correspondence asserting the responding party failed to comply with a previous Board decision.

The correspondence was not delivered to the responding party.

The Board declined to grant the order on a default basis without proper notice, emphasizing the need for procedural fairness and precision in pleadings under section 133 of the Labour Relations Act.

The Board directed the applicant to deliver the correspondence and the decision to the responding party, giving the responding party an opportunity to file a Notice of Intent to Defend.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Plastina Investments Limited, 2000 CanLII 10731

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 15, 2000

Representation vote directed in construction industry displacement application for certification.

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

The Ontario Labour Relations Board found that the applicant appeared to have the requisite 40% membership support.

Despite various issues raised by the responding party and intervenors, the Board determined that none prevented the conduct of a representation vote.

The Board defined the voting constituency and directed that a representation vote be held.

Brick and Allied Craft Union of Canada v. Ontario Power Generation Inc., 2000 CanLII 5469

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 15, 2000

Representation vote ordered in construction industry certification application.

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

The Board found that the applicant had the requisite membership support and ordered a representation vote for the proposed bargaining unit.

The Board deferred the determination of whether the responding parties constituted a single employer under section 1(4) of the Act to a later date.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Melody Homes, 2000 CanLII 2300

J. G. Knight

G. McMenemy

David A. McKee

Grievance application adjourned sine die on consent for up to one year.

The applicant union and responding employer agreed to adjourn the grievance 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 neither party requests to proceed.

Labourers' International Union of North America, Local 506 v. Ciro Excavating and Grading Ltd., 2000 CanLII 7351

David A. McKee

Application for review incomplete due to dishonoured cheque; applicant given deadline to cure defect.

The applicant filed an application for a review of an order to pay under the Employment Standards Act.

The Director of Employment Standards advised the Board that the applicant's cheque was dishonoured.

The Board held that the application was incomplete and ordered the applicant to deliver a certified cheque and a request for an extension of time with an explanation by December 15, 2000, failing which the matter would be terminated.

Onsight Renovations v. Ben Marchand, 2000 CanLII 6914

J. G. Knight

G. McMenemy

David A. McKee

Request for default decision on grievance referral denied due to lack of precision in pleadings.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act and requested a default decision based on the materials filed, as the responding party failed to file a Notice of Intent to Defend.

While the Board was prepared to declare the responding party bound by the collective agreement, it declined to order the payment of $16,408.85.

The Board found that the application lacked sufficient clarity and precision regarding the basis for the claimed amount, and a subsequent explanatory letter could not be relied upon under the Board's rules for default proceedings.

The matter was directed to proceed to a hearing.

Labourers’ International Union of North America, Local 1059 v. K & S Concrete (London) Inc., 2000 CanLII 9216

J. G. Knight

G. McMenemy

David A. McKee

Board amended dates from a previous decision at the request of the parties.

The Ontario Labour Relations Board issued a brief decision amending the dates set out in a previous decision dated November 2, 2000, at the request of the parties.

International Union of Operating Engineers, Local 793 v. Fowler Construction Company Ltd., 2000 CanLII 8098

David A. McKee

Duty of fair referral complaint dismissed without prejudice for failure to provide required particulars.

The applicant filed a complaint alleging that the union violated its duty of fair referral under section 75 of the Labour Relations Act, 1995, by deliberately depriving him of work opportunities to force him to quit or pay bribes.

The Board previously directed the applicant to file additional particulars, which he failed to do.

The union renewed its request to dismiss the application under Rule 46 for failing to disclose a prima facie case.

The Board found that the applicant's bald assertions and serious allegations of bribery required specific factual pleadings.

Because the applicant failed to provide the required particulars, making it impossible for the union to prepare a defence, the Board dismissed the application without prejudice.

George Nedelkoff v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, 2000 CanLII 8388

G. Pickell

G. McMenemy

David A. McKee

Representation vote ordered and ballot box sealed pending determination of true employer in certification application.

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

The responding party asserted that the true employer was the Chippewas of Mnjikaning First Nation.

The Board found that the applicant appeared to have the requisite membership support and ordered a representation vote for the proposed bargaining unit.

The Board directed the responding party to produce documents relating to its arrangement with the First Nation and ordered that the ballot box be sealed until the documents were produced and the true employer issue resolved.

Carpenters and Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America v. Rambots Construction Corporation, 2000 CanLII 10916

J. G. Knight

G. McMenemy

David A. McKee

Board orders applicant union to provide particulars of grievance allegations to responding employer.

The applicant union referred a grievance to arbitration under s. 133 of the Labour Relations Act.

The responding employer filed a Notice of Intent to Defend and requested particulars of the allegations.

The Board ordered the applicant to provide specific particulars, including the collective agreement provisions allegedly violated, project locations, time periods, and names of representatives involved in discussions.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. T & F Lathing Ltd., 2000 CanLII 11987

M. Gottheil

7 cases1991–2000

L. Richmond

10 cases1980–2003

K. Wilson

4 cases1998–2000

G. Aitken

2 cases2000–2000

D. Jeffries

5 cases2000–2023

D. Eady

6 cases1998–2024

David A. McKee

OLRBOntario Labour Relations BoardNov 10, 2000

Second representation vote ordered in union displacement application due to inadequate notice to employees.

In an application for certification where the BACU sought to displace the IUBAC as the bargaining agent for bricklayers employed by Kvaerner Jaddco, the Board addressed several preliminary issues.

The Board determined the appropriate bargaining unit, permitted the withdrawal of a related grievance, and dismissed allegations regarding the order of names on the ballot and forced membership card signing.

However, the Board found that due to a series of administrative and logistical errors by the Board and the parties, employees did not receive adequate notice of the initial representation vote.

Consequently, the Board ordered a second representation vote to be held.

Brick and Allied Craft Union of Canada v. Kvaerner Jaddco, 2000 CanLII 12949

David A. McKee

OLRBOntario Labour Relations BoardNov 9, 2000

Application withdrawn at the request of the applicant.

The applicant, Labourers International Union of North America, Local 527, requested to withdraw its application against Laurent Leblanc Limited and C.H. Construction Ltd. The Ontario Labour Relations Board granted the request and the application was withdrawn.

Labourers International Union of North America, Local 527 v. Laurent Leblanc Limited, 2000 CanLII 9917

J. G. Knight

G. McMenemy

David A. McKee