David A. McKee

OLRBOntario Labour Relations BoardSep 1, 2000

Board ordered document production and imposed confidentiality terms in a grievance referral.

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

At the hearing, the parties agreed to a document production process regarding construction projects and time cards in Windsor.

The Board ordered the responding party to compile a list of projects, make time cards available for inspection, and provide addresses for potential management witnesses.

The Board also imposed a confidentiality order on the disclosed documents and scheduled the matter to continue on December 7, 2000.

International Union of Elevator Constructors Local 90 v. Otis Canada Inc., 2000 CanLII 12764

David A. McKee

OLRBOntario Labour Relations BoardSep 1, 2000

Grievance allowed in employer's absence; employer ordered to pay unpaid fringe benefits and wages.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, alleging the responding party failed to pay fringe benefits and a required wage increase.

The responding party failed to attend the hearing despite being served with a Notice of Hearing and a summons to witness.

The Board proceeded in the responding party's absence, found that the responding party violated the collective agreement, and ordered it to pay $11,976.72 in damages plus interest, along with $763.00 in costs.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Atlantic HVAC Systems Ltd., 2000 CanLII 12222

David A. McKee

OLRBOntario Labour Relations BoardAug 31, 2000

Board issued consent order declaring responding parties a single employer and directing ballot count.

The applicant union filed applications for certification, a related employer declaration, and an unfair labour practice complaint against the responding parties.

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

The Board issued a consent order declaring the responding parties to be a single employer under section 1(4) of the Labour Relations Act, 1995.

The Board also directed the counting of ballots for three agreed-upon eligible voters in the certification application and permitted the withdrawal of the section 96 complaint.

International Brotherhood of Electrical Workers, Local 353 v. Neil Skelding c.o.b. as Provincial Power and Electrical Services, 2000 CanLII 12173

David A. McKee

OLRBOntario Labour Relations BoardAug 28, 2000

Board issued procedural directions for filing submissions.

The Ontario Labour Relations Board issued a procedural direction requiring the applicant to respond to the responding parties' submissions by September 6, 2000, and allowing a further response by September 8, 2000.

Labourers’ International Union of North America, Local 183 v. Bayview-Wellington Construction Inc., 2000 CanLII 9646

The Board confirmed hearing dates for multiple related matters.

The Ontario Labour Relations Board issued a procedural decision confirming the hearing dates for multiple related matters involving the Labourers International Union of North America, Local 527 and Thomas Fuller Construction Co. Limited et al.

The hearing was scheduled for several dates in January and February 2001.

Labourers International Union of North America, Local 527 v. Thomas Fuller Construction Co. Limited, 2000 CanLII 10522

David A. McKee

OLRBOntario Labour Relations BoardAug 23, 2000

Employment Standards Act application terminated following settlement between the parties.

The applicant brought an application under the Employment Standards Act.

On the day of the scheduled hearing, the parties reached an agreement to dispose of all issues in dispute.

The Ontario Labour Relations Board terminated the matter pursuant to section 69.1(5) of the Act, noting that the settlement involved mutual promises enforceable under section 69.1(8)(b).

Alibey Cocelli v. Canadian Fruit and Produce Company Inc., 2000 CanLII 2116

J. G. Knight

David A. McKee

A. Haward

OLRBOntario Labour Relations BoardAug 23, 2000

Consent order issued for $57,345.65 in damages for collective agreement violations regarding unpaid remittances.

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

Prior to the hearing, the parties reached a settlement and requested a consent order.

The Ontario Labour Relations Board issued the requested declarations and orders, including a declaration that the responding party violated the collective agreement and an order to pay $57,345.65 in damages plus interest for unpaid remittances.

International Union of Operating Engineers, Local 793 v. Elmford Construction Company Limited, 2000 CanLII 13408

J. G. Knight

David A. McKee

A. Haward

OLRBOntario Labour Relations BoardAug 23, 2000

Application adjourned sine die on consent of the parties.

The applicant union filed an application against the responding party.

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no request to proceed is made.

International Brotherhood of Electrical Workers, Local 586 v. A C S Ottawa Inc., 2000 CanLII 2458

David A. McKee

OLRBOntario Labour Relations BoardAug 18, 2000

Board scheduled hearing for three related union applications and remained seized of the matters.

The Ontario Labour Relations Board issued a scheduling order for three related applications involving the Brick and Allied Craft Union of Canada, Local 5, Hyde Park Masonry Limited, and the International Union of Bricklayers & Allied Craftworkers, Local 6.

The hearing was scheduled for September 21, 2000, with the Vice-Chair remaining seized of all three matters.

Brick and Allied Craft Union of Canada, Local 5 v. Hyde Park Masonry Limited, 2000 CanLII 10035

Nicholas J. Keresztesi

3 cases1999–2001

Mark J. Lewis

20 cases1994–2001

Joseph Liberman

Suspended Administratively53 cases1980–2001

David Defrancesco

7 cases1999–2011

Anthony Marson

2 cases1999–2000

David A. McKee

OLRBOntario Labour Relations BoardAug 17, 2000

Board determines voter eligibility in certification application, counting one disputed ballot and excluding another.

The union applied for certification of a bargaining unit of construction labourers employed by the responding party.

A representation vote was held, and the parties disputed the eligibility of two individuals, Joe Biega and Kelly Vangerven, to vote.

The Board found that Biega, a service person, was at work on the application date and performed work falling within the labourers' bargaining unit, directing his ballot to be counted.

Conversely, the Board concluded that Vangerven did not perform bargaining unit work for any significant portion of the application date, and his ballot was excluded.

Labourers’ International Union of North America, Local 183 v. Bayview-Wellington Construction Inc., 2000 CanLII 11988

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardAug 17, 2000

Board directed parties to prepare a summary chart of construction contracts to streamline document production.

The applicant union filed multiple applications including certification, grievance referrals, and related employer declarations against several construction companies.

During the hearing, the parties agreed that the responding companies carried on related businesses under common control.

To manage the voluminous documentary evidence spanning eighteen years, the Board directed the parties to prepare a summary chart of construction contracts and established a timeline for document production and dispute resolution prior to the continuation of the hearing.

Labourers International Union of North America, Local 527 v. Thomas Fuller Construction Co. Limited, 2000 CanLII 11855

Marsha Lindsay

7 cases2000–2004

Irene Nowicki

1 case2000–2000

Dan Cox

1 case2000–2000

Andrea Bowker

Practising Law - Employed70 cases1995–2026

David A. McKee

OLRBOntario Labour Relations BoardAug 17, 2000

Municipal-wide bargaining unit found appropriate for cleaning contractor employees; site-specific unit rejected.

The applicant union applied for certification to represent a municipal-wide bargaining unit of employees of a cleaning contractor in the City of London.

The responding party employer argued for a site-specific bargaining unit covering only ten specific locations, citing concerns about flexibility in bidding on future contracts.

The Board applied its established test for determining appropriate bargaining units, noting a strong aversion to fragmentation and a presumption that broader, municipal-wide units are generally appropriate unless they cause serious labour relations problems.

The Board found the employer's proposed unit inappropriate, particularly as it would have excluded a single employee at an eleventh site, and certified the union for the municipal-wide unit.

Labourers’ International Union of North America, Local 1059 v. Hallcon Cleaning Ltd., 2000 CanLII 13374

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardAug 16, 2000

Board permitted inspection of documents to assist responding parties in determining whether to seek reconsideration.

The Board received submissions from counsel for the responding parties seeking information relevant to a potential reconsideration request in a previous Board file.

The Board refused to entertain a collateral attack on its previous decision but permitted the responding parties' examiner to inspect specified documents at the Board's offices to assist in determining whether to bring a formal reconsideration application.

International Brotherhood of Electrical Workers, Local 105 v. Wm. J. Davidson Electric Inc., 2000 CanLII 12274

David A. McKee

OLRBOntario Labour Relations BoardAug 14, 2000

Duty of fair representation complaint dismissed due to unexplained 21-month delay in contacting union.

The applicant filed a duty of fair representation complaint against her union after being discharged by her employer in 1997.

The Board had previously directed the applicant to explain her 21-month delay in contacting the union for assistance.

The applicant submitted that she had lost trust in the union and only contacted them after hearing of new management.

The Board found this explanation inadequate and concluded that the applicant's real focus was her WSIB claim, turning to the union only when other avenues failed.

The Board exercised its discretion to decline to inquire further and dismissed the application.

Mary Doughlin v. Hotel Employees, Restaurant Employees Union, Local 75, 2000 CanLII 12178

David A. McKee

OLRBOntario Labour Relations BoardAug 9, 2000

Application kept pending for 60 days following notice of an undisclosed settlement agreement.

The parties advised the Board that they had reached an agreement, but disagreed as to its contents and did not file a copy.

As no hearing was scheduled and neither party requested action, the Board ordered the application kept pending for 60 days, after which it would be deemed terminated as settled if no further submissions were received.

Fallon v. Eaton Yale Ltd., 2000 CanLII 12833

Peter Vice

1 case2000–2000

Elizabeth Mitchell

39 cases1988–2007

Andrew Tremayne

9 cases1994–2012

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardAug 9, 2000

Related employer and sale of business application dismissed; no common control between father and son's businesses.

The applicant union sought a declaration that Peter Curkovic Limited (PCL) transferred its business to B.C.A. Construction, or that the two entities carried on associated or related activities under common direction and control.

PCL, a painting contractor bound to the union's provincial collective agreement, ceased operations in 1990.

B.C.A. was established by the son of PCL's principal.

The Board found no evidence of a sale or transfer of business, nor any indication of common control or direction.

The application was dismissed.

International Brotherhood of Painters and Allied Trades, Local 200 v. Peter Curkovic Limited, 2000 CanLII 13282

J. G. Knight

G. McMenemy

David A. McKee

Application adjourned sine die 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 no party requests to proceed.

Labourers’ International Union of North America, Local 837 v. Harbridge & Cross, 2000 CanLII 2014

David A. McKee

Application dismissed for failure to file in the proper form by the extended deadline.

The applicant requested an extension of time to file an application, which was granted until July 31, 2000.

The applicant failed to file the application in the proper form by the extended deadline.

The Ontario Labour Relations Board dismissed the application.

Southwest Warehousing Division of 596330 Ontario Ltd. v. Ministry of Labour, 2000 CanLII 6815

David A. McKee

Time for filing employment standards application extended due to trivial delay and attempt to comply.

The applicant filed an employment standards application two days after the time limit.

The application was given to a courier on July 24, delivered on July 25, and the required payment was made on July 26.

The Ontario Labour Relations Board exercised its discretion under section 68(4) of the Employment Standards Act to extend the time for filing to July 26, 2000, noting that the applicant clearly attempted to comply and the delay was trivial.

Canadian Office of Human Rights v. Pauline Lachapelle, 2000 CanLII 6656

J. G. Knight

G. McMenemy

David A. McKee