David A. McKee

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardJun 30, 2000

Employer ordered to pay $35,040.87 in unpaid union dues and benefit contributions in default judgment.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer failed to remit contributions and deductions to the union and benefit trust funds.

The responding party failed to file a response or notice of intent to defend.

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 employer violated the collective agreement and ordered payment of $35,040.87 in damages plus filing costs.

Universal Workers Union, L.I.U.N.A., Local 183 v. Elmford Construction Company Limited, 2000 CanLII 6759

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardJun 30, 2000

Application for certification dismissed after union failed to secure majority in representation vote.

The applicant union applied for certification.

Following a representation vote where not more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.

A one-year bar on subsequent applications for certification by the applicant was imposed.

International Brotherhood of Electrical Workers, Local 105 v. Buwalda Electric Limited, 2000 CanLII 6075

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardJun 30, 2000

Board orders counting of representation vote ballots by teleconference on consent of the parties.

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

On consent of the parties, the Board ordered that the ballots cast in the representation vote be counted by teleconference.

The applicant also withdrew its unfair labour practice complaints.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. Venture North Construction Ltd., 2000 CanLII 12132

David A. McKee

OLRBOntario Labour Relations BoardJun 29, 2000

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

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

The Board noted that the application was merely an allegation at this stage, but emphasized the statutory prohibition against strikes during the operation of a collective agreement or before conciliation is exhausted.

Given the urgency of unlawful strike allegations, the Board directed that the matter be set down for an expedited hearing the following day.

Fieldgate Vellore Limited v. Central Ontario Regional Council of Carpenters, Drywall & Allied Workers, 2000 CanLII 10171

David A. McKee

Time for filing application for review extended where applicant mistakenly delivered it to the Employment Standards Officer.

The applicant filed an application for review of an Employment Standards Officer's decision two days after the deadline, having mistakenly delivered it to the Officer's office in Newmarket instead of the Board in Toronto.

The Board exercised its discretion under section 68(14) of the Employment Standards Act to extend the time for filing, noting the applicant's attempt to comply, the timely payment of monies in trust, and the lack of prejudice to any other party.

Carlo Di Nardo v. Paradise Banquet & Convention Centre, 2000 CanLII 11791

J. G. Knight

G. McMenemy

David A. McKee

Representation vote ordered in construction industry certification application after employer failed to file response.

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

The responding party employer failed to file a response within the stipulated time.

Based on the application material, the Board found that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board determined the appropriate bargaining unit and directed that a representation vote be taken.

Labourers’ International Union of North America, Local 527 v. Bonnechere Excavating Inc., 2000 CanLII 11063

David A. McKee

Application withdrawn at the request of the applicant.

The applicant, Wellington Construction, requested to withdraw its application against the Ministry of Labour.

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

Wellington Construction v. Ministry of Labour, 2000 CanLII 1604

J. G. Knight

G. McMenemy

David A. McKee

Board revoked default grievance decision to prevent res judicata issues in ongoing displacement application.

A rival union applied for reconsideration of a default decision issued by the Board in a grievance arbitration between the incumbent union and the employer.

The rival union sought intervenor status on the basis that it represented employees in the bargaining unit and had filed a displacement application.

The Board held that the rival union lacked status to intervene, as representing employees does not grant status in a grievance unless specific adverse effects on individual employees are pleaded.

However, noting that the default decision could create res judicata issues affecting the ongoing displacement application, the Board reconsidered and revoked its prior decision to avoid inconsistent findings.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Metal Tech Systems Inc., 2000 CanLII 13212

David A. McKee

Application withdrawn at the request of the applicant.

The applicant requested to withdraw their application.

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

Ragna Goodwin v. Bulloch Entertainment Services/Robocop: Prime Directives, 2000 CanLII 2637

Michael McCreary

12 cases2000–2019

Lorne Richmond

31 cases1982–2022

J. G. Knight

David A. McKee

A. Haward

Second representation vote ordered because the incumbent union's name was incorrectly listed on the ballot.

The applicant union applied for certification.

The intervenor union objected to the representation vote, arguing that it did not receive proper notice and that its name was incorrectly listed on the ballot.

The Board dismissed the notice argument but agreed that the ballot's use of a truncated name for the intervenor likely confused voters, as the intervenor consistently used a distinct name to identify itself.

Finding that the vote results would not likely reveal the true wishes of the employees, the Board ordered a second representation vote pursuant to section 111(5) of the Labour Relations Act, 1995.

Universal Workers Union, L.I.U.N.A. Local 183 v. Metal Tech Systems Inc., 2000 CanLII 13222

J. G. Knight

G. McMenemy

David A. McKee

Application adjourned sine die pending the Board's decision in a related file.

The parties agreed to adjourn the application until the Board issues a decision in a related file.

The Board adjourned the application sine die, noting that the parties may request the Registrar to re-list it for hearing after the related decision is issued.

Allied Construction Employees Local 1030 v. Trexcon Construction (1997) Limited, 2000 CanLII 10203

J. G. Knight

G. McMenemy

David A. McKee

Representation vote directed in construction industry certification application after employer failed to respond.

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

The responding party failed to file a response.

The Board found that the applicant appeared to have the requisite membership support of not less than forty per cent of the individuals in the proposed bargaining unit.

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

Labourers’ International Union of North America v. Azor Woodworking Ltd., 2000 CanLII 9382

J. G. Knight

G. McMenemy

David A. McKee

Grievance referral adjourned sine die on consent of the parties.

The applicant union referred a grievance to the Ontario Labour Relations Board.

The responding party failed to file a Notice of Intent to Defend.

On agreement of the parties, the Board adjourned the application sine die for a period not exceeding one year.

The Board directed that if the applicant requests the matter be re-listed, the responding party must file its Notice of Intent to Defend within five working days, failing which the Board may determine the matter based only on the applicant's materials.

The International Union of Painters and Allied Trades, District Council 46 v. M. L. Painting & Decorating Ltd., 2000 CanLII 12900

David A. McKee

Application withdrawn at the request of the applicant.

The applicant requested to withdraw its application before the Ontario Labour Relations Board.

The Board granted the request and the application was withdrawn.

On Occasion Chocolate, a Division of Chocolate Themes Inc. v. Christine Gillis, 2000 CanLII 1270

David A. McKee

Application withdrawn at the request of the applicant.

The applicant requested to withdraw her application against Gallant Foods Inc. and the Ministry of Labour.

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

Hue Fan (Cindy) Chu v. Gallant Foods Inc., 2000 CanLII 1864

David A. McKee

Application terminated following parties' execution of Minutes of Settlement.

The parties entered into Minutes of Settlement resolving all outstanding matters arising from the application.

The Ontario Labour Relations Board terminated the application pursuant to subsection 69.1(5) of the Employment Standards Act.

Paul A. Smith v. Interim Personnel, 2000 CanLII 10931

David A. McKee

Ministerial reference regarding bargaining agent identity deemed moot after parties settled and withdrew request.

The Minister referred questions to the Ontario Labour Relations Board under section 115 of the Labour Relations Act, 1995, regarding the authorized bargaining agent for two construction bargaining units.

The reference arose from a request for a 'no board' report.

At the hearing, the parties entered into Minutes of Settlement and withdrew the request for the 'no board' report.

The Board found that the questions referred by the Minister were moot and declined to hold further hearings unless requested by the Minister.

Brick and Allied Craft Union of Canada v. Electrical Power Systems Construction Association, 2000 CanLII 12827

David A. McKee

Application withdrawn at the request of the applicant.

The applicant requested to withdraw the application.

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

Brian Zeeh v. Doug Wright Construction, 2000 CanLII 1389

J. G. Knight

G. McMenemy

David A. McKee