David A. McKee

Board orders union to provide seniority lists and applicant to file further submissions before deciding Rule 46 dismissal request.

The applicant filed a duty of fair representation complaint against her union regarding advice and representation during a hospital restructuring that resulted in the closure of her chronic care unit.

The union requested the complaint be dismissed without a hearing under Rule 46.

The Board reviewed the facts as alleged by the applicant and found that while the union's initial advice appeared reasonable, the applicant lacked access to necessary documents to fully articulate her claim regarding a subsequent arbitration award.

The Board ordered the union to provide relevant seniority lists and directed the applicant to file further written submissions detailing her position before deciding whether to schedule a consultation.

Marie L. Murchison v. Ontario Nurses’ Association, 2000 CanLII 12432

David A. McKee

Extension of time to file employment standards appeal granted where application was mistakenly sent to the Director.

The applicant sought an extension of time to file an appeal of an Employment Standards Officer's decision.

The applicant had sent the application and payment in trust on time, but mistakenly addressed it to the Director of Employment Standards rather than the Ontario Labour Relations Board.

The Board found a clear intention to comply with the Act, minimal prejudice, and granted the extension of time to the date the application was actually received by the Board.

Can-Pan Candy Inc. v. Nick Georgas Jr., 2000 CanLII 12003

David A. McKee

Grievance referral adjourned sine die pending determination of the applicant's trade union status.

The applicant union applied for the referral of a grievance to arbitration under section 133 of the Labour Relations Act, 1995.

The responding party failed to file a response.

The Board declined to issue default orders because the applicant's status as a trade union had not yet been proven and was scheduled to be determined in a separate proceeding.

The Board adjourned the application sine die, noting that the responding party was in default and not entitled to participate.

Universal Workers Union, L.I.U.N.A. Local 173 v. 675602 Ontario Limited/Ereddia Forming, 2000 CanLII 12326

J. G. Knight

G. McMenemy

David A. McKee

Default judgment granted against employer for collective agreement violation after failure to file response.

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

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 responding party bound by the collective agreement, determined it had violated the agreement, and ordered it to pay damages and filing fees totaling $9,743.20.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Marilyn and/or Gale Knott c.o.b. as MMK Enterprises Steel Placing and/or Peterborough Reinforcing, 2000 CanLII 1562

J. G. Knight

G. McMenemy

David A. McKee

Board clarifies voting procedure for representation votes involving multiple related employers.

The applicant union sought representation votes for employees of three related employers, both individually and as a combined unit.

The Board amended its previous decision to clarify the voting procedure.

Employees would receive two ballots: one for the combined unit and one for their specific employer.

The ballot boxes would be sealed pending the parties' agreement on whether the employers should be treated as a single employer under subsection 1(4) of the Labour Relations Act, 1995, or as separate entities.

I.B.E.W. Construction Council of Ontario v. Turnay Electric Ltd., 2000 CanLII 11754

J. G. Knight

G. McMenemy

David A. McKee

Board schedules hearing for preliminary matters in certification application and orders document production.

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

Following a representation vote where ballots were segregated, the Board directed the Registrar to schedule a one-day hearing to address preliminary matters, including the applicant's trade union status and the intervenor's status.

The Board also ordered the applicant to file particulars regarding its assertion that the responding parties should be declared a single employer under subsection 1(4) of the Act, and set deadlines for document production.

Universal Workers Union, L.I.U.N.A., Local 183 v. F.D. Begley & Associates, 2000 CanLII 12935

David A. McKee

Board declines to provide legal advice to employer in employment standards review application.

The applicant sought a review of an Employment Standards Officer's decision not to issue an Order to Pay.

The responding employers wrote to the Board providing address changes and requesting advice on several issues.

The Board noted the address changes and clarified that, as an adjudicative tribunal, it cannot provide legal advice to parties.

The Board suggested the employers seek advice elsewhere and noted that the issue of related or successor employers would not be litigated unless raised by a party.

Penny-Lynn McDonald v. Post Producers Digital Ltd., 2000 CanLII 12875

David A. McKee

Board directs applicant union to produce charter and constitution documents to determine its status.

In an application for certification under the construction industry provisions of the Labour Relations Act, 1995, the Board directed the applicant union to produce specific documents relating to its charter and constitution.

These documents were required to determine the status of the applicant.

The Board scheduled a hearing date to address the status issue and indicated that further dates would be set to deal with challenges to the list of employees.

Universal Workers Union, L.I.U.N.A., Local 183 v. Coughlan Homes Inc. and Cougs Investments Ltd., 2000 CanLII 13240

David A. McKee

Board directed applicant to provide reasons for late filing of application to review Order to Pay.

The applicant filed an application for review of an Order to Pay under section 68 of the Employment Standards Act after the 45-day statutory deadline.

The Ontario Labour Relations Board directed the applicant to provide written submissions explaining the reasons for the delay to allow the Board to consider whether to exercise its discretion to extend the time for filing.

The applicant was also directed to provide proof of payment to the Director of Employment Standards.

1236820 Ontario Ltd. v. Ministry of Labour, 2000 CanLII 12050

J. G. Knight

G. McMenemy

David A. McKee

Representation vote directed in construction industry certification application; request to seal ballot box denied.

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

The Board found the applicant to be a council of trade unions and an affiliated bargaining agent.

The Board directed a representation vote for electricians and apprentices in the specified geographic areas.

The responding parties' request to seal the ballot box under section 8.1 was denied, as that section does not apply to construction industry applications.

I.B.E.W. Construction Council of Ontario v. Bison Electric Incorporated, 2000 CanLII 8141

J. G. Knight

G. McMenemy

David A. McKee

Representation vote directed in construction industry certification application; request to seal ballot box denied.

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

The Board found the applicant to be a council of trade unions and an affiliated bargaining agent.

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

The responding party's request to seal the ballot box under section 8.1 was denied, as that section does not apply to construction industry applications.

I.B.E.W. Construction Council of Ontario v. Southwold Diversified Ltd., 2000 CanLII 7533

J. G. Knight

G. McMenemy

David A. McKee

Representation vote directed in construction industry certification application; request to seal ballot box denied.

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

The Board found the applicant to be a council of trade unions and an affiliated bargaining agent.

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

The Board declined the responding parties' request to seal the ballot box under section 8.1, noting that section 8.1 does not apply to construction industry applications.

I.B.E.W. Construction Council of Ontario v. Bison Electric Incorporated, 2000 CanLII 6494

David A. McKee

Board revokes prior decision and orders a new representation vote on consent of the parties.

The applicant union requested that the Ontario Labour Relations Board reconsider and vary its previous decision regarding a representation vote.

The Board revoked its prior decision, which had been issued before receiving all correspondence from the applicant's counsel.

Pursuant to an agreement between the parties and section 11 of the Labour Relations Act, 1995, the Board ordered that the results of the first representation vote be disregarded and directed that a new representation vote be held for the construction labourers employed by the responding party.

Labourers’ International Union of North America, Local 1081 v. Folmur Construction Limited, 2000 CanLII 12699

J. G. Knight

G. McMenemy

David A. McKee

Representation vote directed in construction industry certification application; request to seal ballot box denied.

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

The Board found that the applicant had the requisite membership support and directed a representation vote for the proposed bargaining unit of electricians and apprentices.

The Board declined the responding party's request to seal the ballot box under section 8.1, noting that the section does not apply to construction industry applications.

I.B.E.W. Construction Council of Ontario v. Turnay Electric Ltd., 2000 CanLII 6057

J. G. Knight

David A. McKee

A. Haward

Default judgment granted against employer for unpaid fringe benefit remittances following 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 fringe benefit remittances.

The responding party failed to file a Request for Hearing and 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 responding party violated the collective agreement, ordered the production of employee lists, and directed payment of outstanding remittances and a penalty for late payments.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Urban Mechanical Contracting Ltd., 2000 CanLII 8351

J. G. Knight

David A. McKee

A. Haward

Board grants default judgment against employer for unpaid fringe benefit remittances.

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 pay fringe benefit remittances.

The responding party failed to file a response.

The Board reconsidered and revoked an earlier decision that declined to issue an order, noting the applicant had filed ample material that was omitted due to an administrative error.

Proceeding by default, the Board found the employer violated the collective agreement and ordered it to provide employee lists, pay all outstanding fringe benefits, and pay $1,750 for late payments.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Urban Mechanical Contracting Ltd., 2000 CanLII 11059

David A. McKee

Hearing adjourned on consent and referred for scheduling with a Labour Relations Officer.

The parties requested an adjournment of the hearing.

The Ontario Labour Relations Board granted the request, adjourning the matter to April 7, 2000, and referred it to the Manager of Field Services to schedule a meeting with a Labour Relations Officer.

Sheet Metal Workers International Association, Local Union No. 285 v. 1014097 Ontario Limited c.o.b. as Acu-Vent Air Systems, 2000 CanLII 11004

David A. McKee

Application withdrawn at the request of the applicant.

The applicant, Brak Systems Inc., requested to withdraw its application against Jean Martin and the Ministry of Labour.

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

Brak Systems Inc. v. Jean Martin, 2000 CanLII 3663

J. G. Knight

David A. McKee

A. Haward