David A. McKee

G. McMenemy

David A. McKee

Application withdrawn at the request of the applicant.

The applicant requested to withdraw its application.

The Ontario Labour Relations Board noted the request and the application was withdrawn.

Labourers’ International Union of North America, Local 1036 v. Newman Construction Inc., 2000 CanLII 9043

David A. McKee

Appeals terminated as settled following a full and final settlement between the parties.

The applicant appealed to the Ontario Labour Relations Board.

The parties, including the Ministry of Labour, entered into a full and final settlement of the appeals.

The Board terminated the applications as settled.

Ontario Property Assessment Corporation (845434) v. Ontario Public Service Employees Union, 2000 CanLII 4724

David A. McKee

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

The applicant 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 Ontario Labour Relations Board ordered the disbursement of the $1,641.51 held in trust by the Director, with $823.32 paid to the employee, $610.19 returned to the employer, and $208.00 retained as an administration fee.

Ontario Chemical Cleaning Inc. v. Jim Clarke, 2000 CanLII 7074

David A. McKee

Motion to suspend occupational health and safety orders pending appeal dismissed due to worker safety risks.

The applicant employer sought to suspend two orders issued by an Occupational Health and Safety Inspector pending an appeal under section 61(7) of the Occupational Health and Safety Act.

The first order required a guard around exposed moving parts, which the employer had already installed.

The second order required the employer to ensure the floor area around a cut-out section was not slippery.

The Board declined to suspend both orders, finding that the primary consideration is worker safety, and there was a potential hazard to workers with no significant prejudice or cost demonstrated by the employer.

Canadian Waste Services Inc. v. Northern Ontario Joint Council of the Retail Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union, 2000 CanLII 12283

J. A. Ronson

OLRB0 cases1980–2001

David A. McKee

D. A. Patterson

OLRB0 cases1986–2001

Board directs representation vote for proposed bargaining unit in union certification application.

The applicant trade union applied for certification to represent employees of the responding party.

The Board found the applicant to be a trade union under the Labour Relations Act, 1995.

Based on the agreement of the parties regarding the appropriate bargaining unit and the membership evidence filed, the Board directed that a representation vote be taken among the eligible employees.

United Food and Commercial Workers International Union Local 175 v. Thrifty Canada Ltd., 2000 CanLII 11287

J. A. Ronson

OLRB0 cases1980–2001

David A. McKee

D. A. Patterson

OLRB0 cases1986–2001

Board orders representation vote in certification application, deferring bargaining unit status disputes until after the vote.

The applicant trade union applied for certification to represent employees of the responding party.

The parties agreed on an 'all employee' bargaining unit in the City of Toronto but disagreed on whether lead hands and supervisors should be included.

The Board found that the applicant appeared to have the requisite 40 percent membership support and ordered a representation vote, deferring the status disputes regarding lead hands and supervisors until after the vote.

Communications, Energy and Paperworkers Union of Canada v. Cantar/Polyair Canada Limited, 2000 CanLII 6669

J. A. Ronson

OLRB0 cases1980–2001

David A. McKee

D. A. Patterson

OLRB0 cases1986–2001

Board orders representation vote for proposed bargaining unit of Christian Horizons employees.

The applicant trade union applied for certification to represent employees of Christian Horizons in Peterborough County.

The Board found the applicant to be a trade union under the Labour Relations Act, 1995, and determined the appropriate bargaining unit.

Finding that at least forty percent of the individuals in the proposed unit were members of the union, the Board directed that a representation vote be held.

Christian Labour Association of Canada v. Christian Horizons, 2000 CanLII 9053

J. G. Knight

G. McMenemy

David A. McKee

Default judgment granted against employer for unpaid collective agreement contributions after failure to respond.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to pay required contributions under the collective agreement.

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 declared the employer bound by the collective agreement, found it in violation, and ordered payment of unpaid contributions, late payment fees, and filing fees.

Labourers’ International Union of North America, Local 183 v. A.P. Concrete Forming (Div. of 1350648 Ontario Inc.), 2000 CanLII 5226

David A. McKee

Application adjourned sine die on consent of the parties.

The applicant sought an adjournment of the application.

Having regard to 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 party requests to proceed.

Texturon Inc. v. I.W.A. - Canada Section Locale 1000, 2000 CanLII 3609

David A. McKee

Application adjourned sine die on consent of the parties.

The applicant sought to adjourn the application sine die.

Having regard to the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year.

Dubreuil Forest Products v. IWA-Canada, Local 2693, 2000 CanLII 3371

J. G. Knight

G. McMenemy

David A. McKee

Employer ordered to pay unpaid fringe benefits and costs in default grievance referral proceeding.

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 fringe benefits required by the collective agreement.

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

Pursuant to the Board's Rules of Procedure, the employer was deemed to have accepted the facts stated in the application.

The Board ordered the employer to pay $28,204.80 in unpaid benefits, plus filing and prosecution costs.

United Brotherhood of Carpenters and Joiners of America Local 2486 v. City Acoustics Limited, 2000 CanLII 1211

J. G. Knight

G. McMenemy

David A. McKee

Default judgment granted against employer for employing non-union workers in violation of collective agreement.

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

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

Pursuant to the Board's Rules of Procedure, the Board deemed the responding party to have accepted all facts stated in the application.

The Board declared the employer violated the collective agreement and ordered it to pay $8,966.40 in damages plus filing fees.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Santesso Bros. Iron Works Limited c.o.b. as Columbus Plate Works, 2000 CanLII 6642

J. G. Knight

G. McMenemy

David A. McKee

Grievance referrals adjourned sine die on consent of the parties.

The applicants filed grievance referrals against the responding parties.

On the agreement of the parties, the Ontario Labour Relations Board consented to adjourn the applications sine die for a period not exceeding one year.

If no party requests to proceed within that time, the applications will be deemed terminated.

Brick and Allied Craft Union of Canada v. Clifford Masonry Limited, 2000 CanLII 5310

David A. McKee

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

The applicant employer sought 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 disbursement of the funds held in trust by the Director, with $3,250.00 paid to the employee, $603.20 returned to the employer, and $385.32 retained as an administration fee.

La Voce Bakery Inc. v. Jose Carlos Rodrigues, 2000 CanLII 2147

J. G. Knight

G. McMenemy

David A. McKee

Representation vote ordered for proposed construction industry bargaining unit.

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

The Board found that the applicant is an affiliated bargaining agent and that not less than forty per cent 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.

International Brotherhood of Electrical Workers, Local 586 v. Comco Electric Limited, 2000 CanLII 1513

David A. McKee

OLRB issues order disbursing funds held in trust pursuant to Minutes of Settlement.

The applicant 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 Ontario Labour Relations Board issued an order directing the disbursement of the funds held in trust by the Director, with $1,188.00 to be paid to the employee, $43.87 returned to the employer, and $209.04 retained as an administration fee.

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

1282283 Ontario Ltd. o/a Smith’s Servicentre & Restaurant v. Ryan Murray, and Ministry of Labour, 2000 CanLII 3363

J. G. Knight

G. McMenemy

David A. McKee

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

The applicant and responding 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 party requests to proceed.

Quality Control Council of Canada v. Atlas Testing Labs & Services (Oakville) Ltd., 2000 CanLII 2663

David A. McKee

Board warns employer that issuing a T4 for disputed wages held in trust may terminate appeal.

The applicant employer appealed an order to pay under the Employment Standards Act and paid the required monies into trust.

Pending the appeal, the employer issued a T4 slip to the employee for the trust monies, claiming it was a 'grey area' under the Income Tax Act.

The Board noted that this arrangement prejudiced the employee, who might have to pay tax on monies not yet received, while benefiting the employer.

The Board warned the employer that unless it obtained a written ruling from Revenue Canada clarifying its obligations, if the employee is forced to pay tax on the trust monies before the hearing, the Board would likely deem the issuance of the T4 slip as an admission that the wages are owed and terminate the appeal.

The Source Shop v. Kelly Kavanagh, 2000 CanLII 13142

David A. McKee