David A. McKee

Adjournment request denied where employer asserted entitlement as of right without providing reasons.

The applicant employer requested an adjournment of a hearing scheduled under the Employment Standards Act, asserting an entitlement as of right.

The Ontario Labour Relations Board denied the request, noting that adjournments require either the consent of all parties or good and substantial reasons.

Since the employee refused consent and the employer provided no reasons, the hearing was ordered to proceed as scheduled.

Ison T. H. Auto Sales Inc. v. Adolf Astl, 2000 CanLII 6625

David A. McKee

The Board directed the parties to meet with a Labour Relations Officer to attempt settlement.

The applicant filed an application against the Estate of Arthur Gelber and the Ministry of Labour.

The Ontario Labour Relations Board issued a procedural decision directing the parties to meet with a Labour Relations Officer to attempt to settle or narrow the matters in dispute.

The Board also set out the procedure for requesting a hearing date if the matter is not resolved and directed the applicant to copy all parties on future correspondence.

Roger Samarita v. Estate of Arthur Gelber, 2000 CanLII 12882

David A. McKee

Board orders disbursement of funds held in trust pursuant to Minutes of Settlement.

The applicants 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 ordered the disbursement of the funds held in trust by the Director, with $546.00 paid to the employer, $546.00 paid to the employee, and $109.20 retained as an administration fee.

George Carambetsos and Arlene Carambetsos operating as The Uptown Cafe v. Rosalie Delorme, 2000 CanLII 4304

Applications withdrawn at the request of the applicant.

The applicant requested that its applications before the Ontario Labour Relations Board be withdrawn.

The Board granted the request and ordered the applications withdrawn.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 700 v. Up-Rite Door Ltd., 2000 CanLII 6404

J. G. Knight

G. McMenemy

David A. McKee

Application adjourned sine die on consent of the parties.

The parties agreed to adjourn the application sine die.

The 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.

The International Brotherhood of Electrical Workers, Local 353 v. Lancor Electric (1996) Ltd., 2000 CanLII 8667

David A. McKee

Application terminated following settlement between the parties.

The applicant filed an application against the responding parties before the Ontario Labour Relations Board.

Having regard to a settlement reached between the parties, the Board ordered the application terminated.

Robert Tait v. RG Roofing and Snow Removal of Niagara Inc., 2000 CanLII 7902

David A. McKee

OLRBOntario Labour Relations BoardApr 20, 2000

Board approved settlement of Employment Standards Act review and ordered disbursement of trust funds.

The employer applied for 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 according to the settlement, with $1,650.00 to the employee, $1,342.95 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

Baker’s Sales & Service (1968) Ltd. o/a Richmond Hill Toyota v. Stacy Gilmore, 2000 CanLII 3939

David A. McKee

OLRBOntario Labour Relations BoardApr 18, 2000

Board directs second representation vote in construction industry certification application based on parties' interim agreement.

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

Following a previous decision finding that the responding party violated the Act and ordering a second representation vote, the parties entered into an interim agreement setting out the terms for the second vote.

The Board directed that the second representation vote be held in accordance with the parties' agreement and set out the voting constituency and procedures.

Bricklayers, Masons Independent Union of Canada, Local 1 v. Neivex Masonry Inc., 2000 CanLII 12982

G. Pickell

David A. McKee

A. Haward

OLRBOntario Labour Relations BoardApr 18, 2000

Board issues consent order confirming settlement of jurisdictional dispute between Painters and Sheet Metal Workers.

The applicant union brought an application under section 99 of the Labour Relations Act, 1995 regarding a jurisdictional dispute on a construction project.

Prior to the hearing, the union parties entered into Minutes of Settlement dividing the work jurisdiction between the Painters and the Sheet Metal Workers.

The Ontario Labour Relations Board issued a consent order confirming the agreement of the parties as a full settlement of all issues arising from the jurisdictional dispute.

The International Brotherhood of Painters and Allied Trades, Local 1819 Glaziers v. Ellis Don Limited, 2000 CanLII 12489

J. G. Knight

G. McMenemy

David A. McKee

Application adjourned sine die on consent for up to one year.

The parties 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 application will be deemed terminated if no request to proceed is made.

Labourers’ International Union of North America, Local 183 v. Underground Services (1983) Ltd., 2000 CanLII 7454

David A. McKee

Applicant directed to address alleged breach of implied undertaking before responding parties must file response.

The applicant filed an unfair labour practice complaint.

The responding parties alleged that the application was based on information obtained from disclosures made pursuant to implied undertakings in related proceedings.

The applicant requested that the responding parties be ordered to file a response before it addressed the implied undertaking issue.

The Board directed the applicant to first respond to the allegations of a breach of the implied undertaking, and relieved the responding parties from filing a response to the application until the Board determines whether the application ought to have been filed at all.

Labourers’ International Union of North America, Local 527 v. Karson Kartage & Konstruction (1994) Limited, 2000 CanLII 12597

G. Pickell

David A. McKee

A. Haward

Consent order issued declaring employer bound by collective agreement and ordering payment of unpaid wages and benefits.

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

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

The Ontario Labour Relations Board issued a consent order declaring the responding party bound by the collective agreement and ordering the payment of damages for unpaid wages, vacation pay, benefits, and union dues totaling over $17,000.

Sheet Metal Workers International Association, Local Union No. 285 v. 1014097 Ontario Limited c.o.b. as Acu-Vent Air Systems, 2000 CanLII 12495

David A. McKee

Duty of fair representation complaint dismissed as marine porter employment falls under federal jurisdiction.

The applicant filed a duty of fair representation complaint against her union regarding her employment as a marine porter on Great Lakes freighters.

The Board requested written submissions on its jurisdiction to hear the matter.

Finding that navigation and shipping fall within exclusive federal jurisdiction under the Canada Labour Code, and noting the applicant failed to provide facts demonstrating an exception, the Board concluded it lacked jurisdiction and dismissed the application.

Deborah Anne Halfpenny v. Canadian Auto Workers, Local 4401, 2000 CanLII 13171

David A. McKee

Matter adjourned pending final disposition of related application.

The Ontario Labour Relations Board ordered the matter adjourned pending the final disposition of a related application in Board File No. 1875-98-R.

Ontario Pipe Trades Council v. Patrick L. Roberts Limited, 2000 CanLII 9604

J. G. Knight

G. McMenemy

David A. McKee

Request for reconsideration deemed withdrawn by the Board.

The applicant filed correspondence withdrawing its request for reconsideration.

The Ontario Labour Relations Board deemed the request withdrawn.

Labourers’ International Union of North America, Local 1081 v. Doug Wright Construction Ltd., 2000 CanLII 7354

David A. McKee

OLRBOntario Labour Relations BoardApr 7, 2000

Union maintained its trade union status under the Labour Relations Act following a name change.

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

As a preliminary issue, the Board had to determine whether the applicant, which had recently changed its name to Universal Workers Union, L.I.U.N.A., Local 183, had status as a trade union.

The Board found that the applicant was the same organization as Labourers' International Union of North America, Local 183, and had simply changed its name.

The Board concluded that the applicant maintained its status as a trade union under sections 1(1) and 126 of the Act.

Universal Workers Union, L.I.U.N.A., Local 183 v. Coughlan Homes Inc. and Cougs Investments Ltd., 2000 CanLII 12437

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardApr 6, 2000

Request for reconsideration dismissed due to procedural non-compliance and failure to provide information originally.

The applicant union requested reconsideration of a Board decision that declined to award default judgment for damages due to insufficient pleadings.

The union provided new material detailing the quantum of damages.

The Board dismissed the request for reconsideration because the application was not made in accordance with the rules, the new information could have been provided in the original application, and the short time frame did not allow for procedural fairness to the responding parties.

Brick and Allied Craft Union of Canada, Local 10 v. 620230 Ontario Inc. o/a TS Masonry, 2000 CanLII 13440

David A. McKee

OLRBOntario Labour Relations BoardApr 4, 2000

Board dismisses preliminary objection to hold related employer application in abeyance pending grievance arbitration.

The applicant union filed a related employer and sale of business application against three corporate respondents.

Two of the respondents raised a preliminary objection, arguing the application should be held in abeyance pending a related grievance arbitration.

The Board dismissed the objection, noting the arbitration and the Board application seek different relief based on different rights.

The Board also addressed the respondents' obligation to adduce facts regarding common control and direction, and set out a schedule for the parties to exchange requests for particulars and document production.

Industrial Wood & Allied Workers of Canada, and its Local 700 v. Wilson’s Truck Lines Limited, 2000 CanLII 12578

David A. McKee

OLRBOntario Labour Relations BoardApr 3, 2000

Referral of grievance to arbitration withdrawn at applicant's request.

The applicant requested to withdraw its referral of grievance to arbitration.

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

Masonry Council of Unions Toronto and Vicinity v. Elio Dallas Construction Inc., 2000 CanLII 5334

J. G. Knight

G. McMenemy

David A. McKee