David A. McKee

OLRBOntario Labour Relations BoardAug 8, 2000

Board approves settlement of Employment Standards Act review and orders disbursement of trust funds.

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

The workplace parties entered into Minutes of Settlement.

The Board ordered the funds held in trust by the Director to be disbursed in accordance with the settlement, with $2,000 paid to the employee, $575.42 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

Kawartha Dodge Chrysler 988883 Ont. Inc. v. Robert Croft, 2000 CanLII 2943

Application withdrawn at the request of the applicant.

The applicant, United Brotherhood of Carpenters and Joiners of America, requested to withdraw its application against Jamwood Developments Inc. o/a Surrey Construction.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

United Brotherhood of Carpenters and Joiners of America v. Jamwood Developments Inc. o/a Surrey Construction, 2000 CanLII 3570

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardAug 4, 2000

Request for forensic examination of original documents from a concluded file denied pending proper explanation.

Counsel for the responding parties requested production of original documents from a concluded Board file for forensic examination.

The Board denied the request as presently framed, noting that while it might permit such examination in appropriate circumstances, the requesting party must explain the purpose and relevance of the examination to an active proceeding.

The Board noted the file had been concluded by minutes of settlement over five years prior, and any challenge to that decision would require an application for reconsideration.

International Brotherhood of Electrical Workers, Local 105 v. Wm. J. Davidson Electric Inc., 2000 CanLII 12273

J. G. Knight

David A. McKee

A. Haward

OLRBOntario Labour Relations BoardAug 3, 2000

Board directs representation vote in certification application with ballot box sealed under s. 8.1(4).

The applicant trade union filed an application for certification.

The Board found that the applicant is a trade union and that at least 40% of the individuals in the proposed bargaining unit were members.

The Board directed a representation vote to be taken, with the ballot box to be sealed pursuant to section 8.1(4) of the Labour Relations Act, 1995, due to a notice given by the responding party.

International Union of Operating Engineers, Local 793 v. Fowler Construction Company Limited, 2000 CanLII 6873

David A. McKee

OLRBOntario Labour Relations BoardAug 3, 2000

Board directed applicant to advise of further steps, failing which the file will be terminated.

The Board received submissions from General Motors of Canada Limited after the applicant had requested the matter be relisted for hearing.

As it was unclear whether the matter had been finally resolved, the Board directed General Motors to deliver its submissions to the applicant.

The applicant was directed to advise the Board of any further required steps, failing which the file would be deemed terminated.

CAW-Canada, Local 222 v. General Motors of Canada, 2000 CanLII 12085

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardAug 2, 2000

Adjournment request denied; related certification and unfair labour practice applications ordered to be heard together.

The responding parties requested an adjournment of the hearing dates set for several related applications before the Ontario Labour Relations Board.

The Board declined the request, finding that the personal reasons provided by counsel were insufficient to adjourn dates that had been set months prior without objection.

The Board also directed that a related application for certification be heard together with the other matters to ensure efficient use of resources, noting that any procedural prejudice to the responding parties could be addressed by the hearing panel.

Labourers International Union of North America, Local 527 v. Thomas Fuller Construction Co. Limited, 2000 CanLII 11856

J. G. Knight

G. McMenemy

David A. McKee

Representation vote directed in construction industry certification application.

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

The Ontario Labour Relations Board found that the applicant appeared to have the requisite membership support of at least forty percent in the proposed bargaining unit.

The Board defined the appropriate bargaining unit and directed that a representation vote be taken among the eligible employees.

International Union of Operating Engineers, Local 793 v. Clement Utility Contractors Inc., 2000 CanLII 8344

David A. McKee

Application withdrawn at the request of the applicant.

The applicant, Port Hope Patterns Ltd., requested to withdraw its application against the responding parties, Gary Scott and the Ministry of Labour.

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

Port Hope Patterns Ltd. v. Gary Scott, and Ministry of Labour, 2000 CanLII 5404

David A. McKee

Application for review dismissed as the Board lacks jurisdiction to set payment schedules for undisputed debts.

The applicant employer sought a review of an Employment Standards Officer's order requiring it to pay unpaid wages and vacation pay.

The employer did not dispute owing the money but stated it had no funds to pay and sought a payment schedule.

The Board dismissed the application, holding that it has no authority under section 68 of the Employment Standards Act to determine a payment schedule for an undisputed debt.

The employer must arrange payment directly with the Ministry of Labour.

Nu-Style Patties Inc. v. McLay-Rooney, 2000 CanLII 12687

David A. McKee

Application for review of Order to Pay terminated after employer failed to file correct forms.

The employer attempted to file an application for review of an Order to Pay by sending a letter and partial payment to the Ministry of Labour.

The Board advised the employer that the application was not filed on the correct form and gave the employer 10 days to file properly.

The employer failed to respond within the time limit, and the Board terminated the matter.

HI-5 Hair Design v. Ministry of Labour, 2000 CanLII 11074

David A. McKee

Application withdrawn at the request of the applicant.

The applicant, Trillium Security Services Inc., requested to withdraw its application against the responding parties.

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

Trillium Security Services Inc. v. Goran Zivanovic, 2000 CanLII 3923

David A. McKee

Board conditionally approves settlement of employment standards review pending Ministry of Labour submissions.

The applicant sought a review of an order of an Employment Standards Officer under section 68 of the Employment Standards Act.

The applicant and the responding employee entered into Minutes of Settlement and requested the Board to issue orders pursuant to them.

The Board noted that the Ministry of Labour was not a party to the settlement.

The Board indicated it would issue the requested decision if no submissions were received from the Ministry by August 15, 2000.

The Corporation of the City of Mississauga v. Irene Petrunti, and Ministry of Labour, 2000 CanLII 12653

David A. McKee

Hearing adjourned on consent of the parties.

The applicant union filed a grievance against the responding party employer.

On the agreement of the parties, the Ontario Labour Relations Board adjourned the hearing to a date to be set by the Registrar.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. BFC Industrial – A Division of BFC Construction Group Inc., 2000 CanLII 8297

David A. McKee

Board ordered responding party to file statement of facts to assist in scheduling hearing dates.

The responding party requested a change to the scheduled hearing dates.

To assess the time required for the hearing, the Board directed the responding party to file a statement of facts detailing the dates and times worked and monies paid or deducted for the relevant period.

The Board also directed the responding party to clarify which grievance was being addressed in one of the files, as the response appeared to relate to a settled grievance.

The applicant was directed to respond to the scheduling request and advise of any substantial factual differences.

Ontario Sheet Metal Workers’ and Roofers’ Conference v. Vollmer & Associates, 2000 CanLII 11914

G. Pickell

G. McMenemy

David A. McKee

Consent adjournment sine die granted for a period not exceeding one year.

The applicant union and responding parties agreed to adjourn the application sine die.

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

International Union of Operating Engineers, Local 793 v. Clarkson Construction Company Ltd., 2000 CanLII 10720

David A. McKee

Employment Standards Act application terminated following settlement between the parties.

The applicant filed an application under the Employment Standards Act against the responding parties.

The parties reached a settlement.

Pursuant to section 69.1(5) of the Employment Standards Act, the Ontario Labour Relations Board terminated the application.

Edward Winger v. Brookfield Management Services Ltd., 2000 CanLII 4139

J. G. Knight

G. McMenemy

David A. McKee

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 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.

United Brotherhood of Carpenters and Joiners of America Local 2486 v. Form & Pour Construction Limited, 2000 CanLII 1373

J. G. Knight

G. McMenemy

David A. McKee

Employer found liable for subcontracting grievance on default; damages deferred to hearing.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding employer violated the collective agreement by subcontracting work to a non-union contractor.

The responding party failed to file a response.

Pursuant to the Board's Rules of Procedure, the Board deemed the facts in the application accepted and found the responding party liable for violating the collective agreement.

The assessment of damages was deferred to a scheduled oral hearing.

Brick and Allied Craft Union of Canada, Local Union No. 31 v. Halton Hills Flooring & Contractors Inc., 2000 CanLII 1721

J. G. Knight

G. McMenemy

David A. McKee

Consent adjournment sine die granted for a period not exceeding one year.

The applicant union and responding employer agreed to adjourn the grievance referral sine die.

The Ontario Labour Relations Board granted the consent 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 527 v. O’Leary’s Ltd., 2000 CanLII 5501

David A. McKee