David A. McKee

Board corrects factual error regarding payment in trust and permits applicant to request extension of time.

The applicant filed an application for review of an Order to Pay under the Employment Standards Act.

The Board previously declined to process the application on the mistaken belief that the required funds had not been paid in trust.

Acknowledging its error, the Board noted that the application was still filed six days late.

The Board granted the applicant an opportunity to request an extension of time to file, setting a deadline of May 10, 2000.

Aristocrat Restaurants Limited v. Janna Lovat Fraser, 2000 CanLII 12444

David A. McKee

Board orders extensive pre-hearing document production in related employer application subject to confidentiality protections.

In a related employer and sale of business application, the applicant sought pre-hearing production of documents from the responding parties.

The responding parties objected to the sparse pleadings and requested dismissal, while also raising confidentiality concerns regarding the requested documents.

The Board declined to dismiss the application, directed the applicant to specify the relief sought, and ordered the responding parties to produce extensive commercial and employment documents subject to the implied undertaking rule.

Industrial Wood & Allied Workers of Canada, and its Local 700 v. Wilson’s Truck Lines Limited, Wilson Logistics Inc., and Supply Chain Express Inc., 2000 CanLII 11947

David A. McKee

Time for filing application for review of Employment Standards Officer's decision extended by one day.

The applicant employee filed an application for review of an Employment Standards Officer's decision not to issue an Order to Pay for termination pay.

The application was filed one day late.

The Board accepted the applicant's assertion that the delay was due to a miscalculation and extended the time for filing the application pursuant to section 68(4) of the Employment Standards Act.

Mohamed Akhlaghi v. Aldo Group Inc., 2000 CanLII 1628

G. Pickell

David A. McKee

A. Haward

Application withdrawn at the request of the applicant.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The Board granted the request and the application was withdrawn.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. C & M McNally Engineering Inc., 2000 CanLII 8046

G. Pickell

David A. McKee

A. Haward

Union certification granted for carpenters following a successful representation vote.

Following a representation vote in which more than 50 per cent of the ballots were cast in favour of the applicant union, the Ontario Labour Relations Board issued certificates to the union to represent carpenters and carpenters' apprentices employed by the responding party.

Pursuant to section 160(1) of the Labour Relations Act, separate certificates were issued for the industrial, commercial and institutional (ICI) sector province-wide, and for all other sectors in the specified geographic areas.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Remo Carpentry Inc., 2000 CanLII 3242

G. Pickell

David A. McKee

A. Haward

Representation vote ordered for proposed construction industry bargaining unit.

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 is a trade union and an affiliated bargaining agent.

Based on the membership evidence, 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 and directed that a representation vote be taken.

Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 v. 1078266 Ontario Ltd. c.o.b. as Jo Jo Trucking, 2000 CanLII 6280

David A. McKee

Application withdrawn at the request of the applicant.

The applicant requested to withdraw her application.

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

Margaret Harrison-Sadkowski v. Occumed Health Services Inc., 2000 CanLII 6261

David A. McKee

Application withdrawn at the request of the applicant.

The applicant, Ensign Security Services Inc., requested to withdraw its application against the Ministry of Labour.

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

Ensign Security Services Inc. v. Ministry of Labour, 2000 CanLII 6160

G. Pickell

David A. McKee

A. Haward

Board ordered ballot box opened and set terms for a future hearing on employer identity.

The applicant union applied for certification.

Following a previous decision finding the applicant has status as a trade union under the Labour Relations Act, the Board ordered the ballot box opened and the ballots counted.

The Board further directed that if the applicant receives more than 50% of the votes, a hearing will be set to determine the sufficiency of the membership evidence and the identity of the employer.

The responding party was ordered to produce relevant documents regarding the work performed and its relationship with Lan Pack Construction Corporation.

Universal Workers Union, L.I.U.N.A. Local 183 v. The Torchin Group, 2000 CanLII 11707

J. G. Knight

G. McMenemy

David A. McKee

Representation vote directed 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 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.

Brick and Allied Craft Union of Canada, Local 1 v. Bramkal Contractors Inc., 2000 CanLII 6097

David A. McKee

Application withdrawn at the request of the applicant.

The applicant requested that her application be withdrawn.

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

Haydee Cristina Thesz De Guida v. Maple Lodge Farms Ltd., 2000 CanLII 4811

J. G. Knight

G. McMenemy

David A. McKee

Board directs representation vote in construction industry certification application despite dispute over nature of work.

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

The responding party raised an issue regarding whether the work performed was in the construction industry, but the Board determined this would not delay the representation vote.

Finding that the applicant appeared to have the requisite membership support, the Board defined the appropriate bargaining unit and directed that a representation vote be held.

Labourers’ International Union of North America, Local 837 v. Bramkal Contractors Inc., 2000 CanLII 7188

David A. McKee

Application terminated for failure to file in the correct form and respond to Board directions.

The applicant filed an application that was not in the correct form and/or was filed by facsimile.

The Board advised the applicant to file a proper application within 20 days or face termination of the application.

The applicant failed to respond.

The Board terminated the application and directed the Director to distribute the money held in trust to the appropriate parties.

1301541 Ontario Inc. o/a Tim Hortons v. Ministry of Labour, 2000 CanLII 1271

J. G. Knight

G. McMenemy

David A. McKee

Board issues consent declarations for related employer and sale of business following parties' settlement.

The applicant union brought an application under subsection 1(4) and section 69 of the Labour Relations Act, 1995.

Prior to the hearing, the parties entered into Minutes of Settlement agreeing that the responding parties were bound by the collective agreement due to a sale of business and constituted a single employer for labour relations purposes.

The Board issued the requested declarations and consent orders in accordance with the settlement.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 463 v. Doef’s Ironworks Ltd., 2000 CanLII 13320

David A. McKee

OLRBOntario Labour Relations BoardApr 26, 2000

Board issues orders reflecting Minutes of Settlement in Employment Standards Act review application.

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 Ontario Labour Relations Board issued orders reflecting the settlement, directing the disbursement of funds held in trust to the employee and the administration fee to the Consolidated Revenue Fund, and requiring an additional payment by the employer.

The employee withdrew her allegations of Employment Standards Act violations.

The matter was deemed terminated subject to any request by the Ministry of Labour to relist it.

Aon Inc. v. Roberta Hubble, 2000 CanLII 7158

David A. McKee

OLRBOntario Labour Relations BoardApr 26, 2000

Expedited hearing scheduled for employer's application alleging an unlawful strike by union officials and employees.

The applicant employer filed an application under section 100 of the Labour Relations Act, 1995, alleging that the responding union officials and employees were engaging in and encouraging an unlawful strike.

The Board reviewed the statutory framework prohibiting strikes during the term of a collective agreement and the remedies available for unlawful strikes.

Given the urgency of the allegations, the Board scheduled an expedited hearing for the following day and directed the parties to file their replies and notify affected individuals.

Kvaerner Constructors Ltd. v. Bill Panay, 2000 CanLII 9844

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardApr 25, 2000

Application withdrawn on agreement of the parties.

The applicant union filed an application against the responding party employer.

Having regard to the agreement of the parties, the Ontario Labour Relations Board ordered the application withdrawn.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Barry Bailey c.o.b. as BBI Acoustics & Drywall Applicators, 2000 CanLII 7670

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardApr 25, 2000

Application withdrawn at the request of the applicant.

The applicant requested to withdraw its application.

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

Ontario Pipe Trades Council v. Rodco Mechanical Inc., 2000 CanLII 7363

J. G. Knight

G. McMenemy

David A. McKee