David A. McKee

OLRBOntario Labour Relations BoardNov 3, 2000

Motion to suspend an inspector's refusal to issue an order dismissed as it would accomplish nothing.

The applicant sought to suspend a Health and Safety Inspector's refusal to issue an order under the Occupational Health and Safety Act pending her appeal.

The Board dismissed the application for suspension, noting that suspending a refusal to issue an order would merely restore the status quo prior to the inspection, which is the very situation the applicant complained of.

The applicant's concerns regarding the adequacy of the investigation and the need for an order will be addressed at the hearing of the appeal.

Trudy Edwards v. RVH (The Royal Victoria Hospital of Barrie), 2000 CanLII 10210

David A. McKee

OLRBOntario Labour Relations BoardNov 3, 2000

Application recommenced following alleged breach of Minutes of Settlement.

The applicant alleged that the responding party failed to comply with the terms of Minutes of Settlement that previously resolved the matter.

The Board ordered the application recommenced pursuant to section 69.1(8), noting that any dispute regarding the alleged breach would be the first issue addressed at the hearing.

Edward Dunnill v. Williams Operating Corporation, 2000 CanLII 9602

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 2, 2000

Grievance application adjourned pending the outcome of related reconsideration and related employer applications.

The applicant union filed a grievance against the responding parties.

The Ontario Labour Relations Board adjourned the application pending the outcome of an application for reconsideration in a related grievance and an application under section 69 and subsection 1(4) of the Labour Relations Act, 1995.

International Brotherhood of Electrical Workers, Local 105 v. William J. Davidson Electric Inc., 2000 CanLII 5042

David A. McKee

OLRBOntario Labour Relations BoardNov 2, 2000

Board issues procedural direction regarding scheduling of evidence.

The Ontario Labour Relations Board issued a brief procedural direction advising the parties that if evidence is to be called in the proceeding, it will not be called on Thursday, November 9, 2000.

Brick and Allied Craft Union of Canada v. Kvaerner Jaddco, 2000 CanLII 9114

David A. McKee

OLRBOntario Labour Relations BoardOct 27, 2000

Vice-Chair clarified he is not seized of the application after setting it down for hearing.

The responding party, the Ontario Nurses' Association, requested clarification on whether the Vice-Chair remained seized of the application.

The Vice-Chair explained that while he had remained seized to review particulars for a prima facie dismissal motion, once he determined the matter should proceed to a hearing, he was no longer seized.

The Registrar was directed to schedule the matter for hearing.

Marie L. Murchison v. Ontario Nurses’ Association, 2000 CanLII 3120

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardOct 27, 2000

Consent order issued directing the responding party to pay $2,656.32 to settle grievance damages.

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

Following a prior Board decision finding that the responding party violated the collective agreement, the parties entered into Minutes of Settlement to resolve the issue of damages.

The Board issued a consent order directing the responding party to pay $2,656.32 in full and final settlement of all damages related to the grievance.

Sheet Metal Workers’ International Association, Local 30 v. Cordeiro Roofing Ltd., 2000 CanLII 9174

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardOct 26, 2000

Board directed written submissions on parties' proposal to bifurcate proceedings and issue partial decision.

The parties in a dispute before the Ontario Labour Relations Board agreed to adjourn scheduled hearing dates and proposed bifurcating the proceedings.

The parties suggested presenting part of their evidence and seeking the Board's view before deciding whether to call further evidence on area/industry practice.

The Board expressed reluctance to issue a decision based on partial evidence and directed the parties to provide written submissions clarifying their agreement and rationale before the next scheduled hearing date.

Larochelle Drywall Corp. v. United Brotherhood of Carpenters and Joiners of America, Local 2041, 2000 CanLII 11978

G. Pickell

David A. McKee

A. Haward

OLRBOntario Labour Relations BoardOct 25, 2000

Representation vote ordered in construction industry certification application, with disputed issues deferred until post-vote.

The applicant trade union filed an application for certification in the construction industry.

The responding parties raised issues regarding the proper municipal address, the correct Board area, and the identity of the true employer.

The Board found that the applicant had sufficient membership support and ordered a representation vote to be held in the widest possible voting constituency, deferring the resolution of the disputed issues until after the vote.

United Brotherhood of Carpenters and Joiners of America v. Timberline Construction Group Western, 2000 CanLII 10124

G. Pickell

David A. McKee

A. Haward

OLRBOntario Labour Relations BoardOct 25, 2000

Representation vote ordered in construction industry certification application despite disputes over employer identity and Board area.

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

The responding parties raised issues regarding the proper municipal address, the appropriate Board area, and the true identity of the employer.

The Board found that the applicant had sufficient membership support and ordered a representation vote for a voting constituency encompassing both potential Board areas and both named responding parties, leaving the disputed issues to be resolved after the vote.

United Brotherhood of Carpenters and Joiners of America v. Timberline Construction Group Western, 2000 CanLII 7030

J. G. Knight

David A. McKee

A. Haward

OLRBOntario Labour Relations BoardOct 24, 2000

Board declines to serve notice of contempt hearing on behalf of applicant union.

The applicant union requested the Board to schedule a hearing and serve notice on two responding parties to show cause why the Board should not state a case for contempt to the Divisional Court for failing to comply with production orders.

The Board declined, noting it cannot assume carriage of the applicant's case or effect service on its behalf, especially when the individuals sought may be out of the country.

The Board advised the applicant to employ a licensed investigator or union representative to effect service and noted that e-mail communications to the Board are not accepted.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Big “B” Steel Erectors Inc., 2000 CanLII 10087

David A. McKee

OLRBOntario Labour Relations BoardOct 24, 2000

Grievance referral withdrawn following settlement; Board corrects administrative error regarding file numbers.

The applicant referred a grievance concerning discipline notices to arbitration under section 133 of the Labour Relations Act, 1995.

The parties settled the grievance and agreed to withdraw the referral.

Due to an administrative error, a previous Board decision inadvertently recorded the withdrawal under a different file number (0871-00-G) involving the same parties.

The Board issued this decision to correctly record the withdrawal of the instant application (0872-00-G) and noted that a separate decision would revoke the erroneous withdrawal in the other file.

Ontario Sheet Metal Workers’ and Roofers’ Conference, Sheet Metal Workers’ International Association, Local 235 v. Vollmer & Associates, 2000 CanLII 13239

Tim Patrick

1 case2000–2000

Michael Gottheil

24 cases1986–2003

L.A. Richmond

12 cases1997–2022

J. Haggis

5 cases1993–2001

Donald K. Eady

20 cases1990–2005

Carl Peterson

53 cases1984–2023

David A. McKee

OLRBOntario Labour Relations BoardOct 24, 2000

International Union granted limited intervenor status solely on the issue of union successorship.

The applicant union sought to consolidate two files and claimed successorship rights.

The International Union sought intervenor status.

The Board consolidated the files and granted the International Union limited status to intervene solely on the issue of successorship, finding it had a legal interest in the transfer of jurisdiction but no interest in the interpretation of the collective agreement.

Brick and Allied Craft Union of Canada, Local 5 v. Hyde Park Masonry Limited, 2000 CanLII 13072

David A. McKee

OLRBOntario Labour Relations BoardOct 19, 2000

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

The applicant union and responding parties agreed to adjourn the applications and unfair labour practice complaints sine die.

The Ontario Labour Relations Board granted the consent request, adjourning the matters for a period not exceeding one year, after which they will be deemed terminated if no party requests to proceed.

Labourers’ International Union of North America, Local 527 v. Karson Kartage & Konstruction (1994) Limited, 2000 CanLII 8119

G. Pickell

G. McMenemy

David A. McKee

Application adjourned sine die on consent of the parties.

The applicant union brought an application regarding a jurisdictional dispute.

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

Construction and Allied Workers Local Union 607 v. International Association of Bridge, Structural and Ornamental Iron Workers, Local 759, 2000 CanLII 3683

J. G. Knight

David A. McKee

A. Haward

Application adjourned sine die on consent of the parties.

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 matter will be deemed terminated if neither party requests to proceed.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Empire Flooring, 2000 CanLII 6597

David A. McKee

Applications and grievances withdrawn with leave of the Board.

The applicants sought to withdraw multiple applications and grievances against the responding parties.

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

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 508 v. E.S. Fox Limited, 2000 CanLII 10462

David A. McKee

Board explains its administrative process for relisting an application after the resolution of a related status issue.

Counsel for the responding parties requested an explanation regarding the scheduling of the application.

The Ontario Labour Relations Board explained that the application had been adjourned sine die pending the resolution of a fundamental status issue in related files.

Following the release of the decision resolving that status issue, the Board reviewed the file and returned it to the Registrar to be listed for hearing in the normal course, as no party had requested otherwise.

The Board directed any further scheduling inquiries to the Registrar.

International Union of Bricklayers and Allied Craftsmen, Local 7 v. Brick and Allied Craft Union of Canada, 2000 CanLII 13343

David A. McKee

Board corrects previous decision to clarify hearing date.

The Ontario Labour Relations Board issued a brief decision to correct an error in its October 17, 2000 decision.

The Board clarified that the hearing is scheduled only for October 31, 2000, as set out in the Notice of Hearing dated August 9, 2000.

International Brotherhood of Electrical Workers, Local 105 v. Wm. J. Davidson Electric Inc, 2000 CanLII 6263

David A. McKee