David A. McKee

OLRBOntario Labour Relations BoardJan 18, 2000

Applicant directed to advise if it will pay reduced administrative fee to salvage settlement.

The parties reached a settlement in an Employment Standards matter, but the Director of Employment Standards only agreed to partially reduce the administrative fee to $666.27, rather than waiving it entirely.

The Board noted that the settlement was based on a condition that could not be satisfied.

The Board directed the applicant to advise whether it would accept paying the reduced fee from its portion of the trust monies, failing which the matter would be scheduled for a hearing.

Moira Stott-Merrithew and Lindsay Merrithew, o/a Stott Pilates Studio and 1127908 Ontario Inc. v. Joan Kwan, and Ministry of Labour, 2000 CanLII 12356

Board declined intervenor's request to reconsider its previous decision.

The intervenor submitted correspondence requesting reconsideration of the Board's decision dated December 7, 1999.

The Ontario Labour Relations Board declined to reconsider its decision on the basis of the submissions.

The International Union of Bricklayers and Allied Craftworkers, Local 31 v. 1249762 Ontario Inc. o/a Mega City Tiling, 2000 CanLII 6546

Sophia Duguay

In Private Practice4 cases1998–2008

Mike Groom

3 cases1997–2000

Mark Wright

49 cases1993–2022

Kees W. Kort

7 cases1986–2000

Joe Daignault

2 cases1997–2000

E. Coetzee

3 cases1993–2000

Alan Whyte

9 cases1992–2013

David A. McKee

OLRBOntario Labour Relations BoardJan 10, 2000

Displacement certification applications dismissed as barred by a valid PSLRTA bargaining unit restructuring agreement.

The applicant union filed displacement applications for certification seeking to represent service employees at the Trenton Memorial Hospital site of the Quinte Healthcare Corporation.

The responding hospital and the incumbent union argued the applications were barred by an agreement made under the Public Sector Labour Relations Transition Act, 1997 (PSLRTA) following a hospital amalgamation.

The Board found that the incumbent union, acting as the bargaining agent for multiple existing bargaining units, could validly enter into a section 20(2) PSLRTA agreement with the employer to consolidate the units.

As a valid agreement was in effect prior to the application date, the applications were barred and dismissed without a representation vote.

Canadian Health Care Workers v. Quinte Healthcare Corporation, 2000 CanLII 12542

David A. McKee

OLRBOntario Labour Relations BoardJan 10, 2000

Applicant directed to advise Registrar within 30 days if it wishes to proceed with application.

The Ontario Labour Relations Board directed the applicant union to advise the Registrar within 30 days whether it wished to proceed with its application against the responding hospitals.

Canadian Health Care Workers v. Trenton Memorial Hospital and Quinte Healthcare Corporation, 2000 CanLII 9538

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

David A. McKee

OLRBOntario Labour Relations BoardJan 10, 2000

Request for further document production orders dismissed as premature before the exchange deadline.

The applicant union wrote to the Ontario Labour Relations Board regarding statements allegedly made during settlement discussions and production orders made in a previous decision.

The Board noted that parties should not formally report on settlement discussions.

The Board also found the request for further relief regarding document production to be premature, as the deadline for exchange had not yet passed, and advised the parties to seek appropriate remedies after the deadline if necessary.

International Union of Operating Engineers, Local 793 v. Associated Contracting Inc., 2000 CanLII 13388

G. Pickell

G. McMenemy

OLRB0 cases1993–2001

David A. McKee

OLRBOntario Labour Relations BoardJan 7, 2000

Board issues consent order declaring employers related and bound by collective agreement, awarding $30,000 damages.

The applicant union filed an application for a related employer and sale of business declaration, as well as a grievance referral, against the responding employers.

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

The Board issued a consent order declaring that a sale of business occurred and that the employers constitute a single employer bound by the collective agreement.

The employers were ordered to pay $30,000 in damages for violating the agreement by using non-union personnel to perform bargaining unit work.

International Brotherhood of Electrical Workers, Local 105 v. A.S.M. Electric (1988) Limited, 2000 CanLII 13160

G. Pickell

David A. McKee

A. Haward

OLRBOntario Labour Relations BoardJan 7, 2000

Board terminates grievance and unfair labour practice applications following parties' execution of Minutes of Settlement.

The union referred grievances to arbitration and filed an unfair labour practice application against the employer.

Prior to the hearing, the parties entered into Minutes of Settlement, which included an agreement by the employer to cease all work within the union's jurisdiction by March 31, 2000, and a request for the Board to incorporate the settlement terms into an order.

The Board declined to make a specific order, noting that the Minutes are enforceable under section 96(7) of the Act.

The Board terminated the applications as settled, subject to the right of any party to request relisting.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 700 v. Up-Rite Door Ltd., 2000 CanLII 12650

David A. McKee

OLRBOntario Labour Relations BoardJan 6, 2000

Reconsideration granted; three corporate entities declared a single employer under the Labour Relations Act.

The applicant union sought reconsideration of a previous Board decision.

After reviewing the filed documents, the Board granted the reconsideration and declared that the three responding corporate entities constitute one employer for all purposes under the Labour Relations Act, 1995.

International Union of Bricklayers and Allied Craftworkers Ontario Provincial Conference v. 620230 Ontario Ltd. o/a TS Masonry, 2000 CanLII 13202

Kathleen Martin

14 cases1989–2002

Guy Bisson

2 cases2000–2009

Bob Dubniak

1 case2000–2000

David A. McKee

OLRBOntario Labour Relations BoardJan 5, 2000

Duty of fair representation complaint dismissed due to years of unexplained delay by the applicant.

The applicant filed a duty of fair representation complaint against the union for refusing to participate in an application for judicial review of an arbitration decision that upheld his discharge.

The responding party and intervenor brought preliminary motions to dismiss the complaint for undue delay.

The Board found that the applicant had delayed for several years without a satisfactory explanation, including failing to take reasonable steps to have the matter relisted after sine die adjournments.

Given the prejudice to the parties and the potential disruption to established seniority rights, the Board declined to exercise its discretion to inquire into the complaint and dismissed the application.

Vito Gironda v. Canadian Union of Public Employees, Local 1280, 2000 CanLII 12816

J. G. Knight

David A. McKee

A. Haward

Application adjourned sine die for up to one year at the applicant's request.

The applicant requested an adjournment of the application sine die.

The responding party did not appear.

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.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Unique Mechanical Inc., 2000 CanLII 9241

J. G. Knight

David A. McKee

A. Haward

Grievance referral adjourned sine die for up to one year on consent.

The applicant union and responding employer agreed to adjourn the grievance referral sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application would be deemed terminated if neither party requested to proceed.

International Brotherhood of Painters and Allied Trades, District Council 46 v. Arranwood Painting & Decorating, 2000 CanLII 13574

L. Arnold

6 cases1981–2000

D. McBride

3 cases2000–2000

J. G. Knight

David A. McKee

A. Haward

Employer ordered to pay damages for late remittance of union benefit trust fund contributions.

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

The responding party employer failed to file a notice of intent to defend and did not appear at the hearing.

The Board deemed the facts asserted in the application as true and found the employer bound by the collective agreement.

The Board determined that the employer breached the agreement by remitting employee deductions and employer contributions late.

The employer was ordered to pay $552.96 in damages for late payment interest.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Nick Deluca Plumbing Ltd., 2000 CanLII 11913

L. Arnold

6 cases1981–2000

D. McBride

3 cases2000–2000

J. G. Knight

David A. McKee

A. Haward

Employer ordered to pay $3,113.58 in damages for late remittance of union benefit trust funds.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit employee deductions and employer contributions to the union's benefit trust funds on time.

The responding party did not file a notice of intent to defend and did not appear at the hearing.

The Board deemed the facts asserted in the application as true, found the employer bound by the collective agreement, and ordered the employer to pay $3,113.58 in damages for late remittances.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Marli Mechanical Limited, 2000 CanLII 11910

J. G. Knight

David A. McKee

A. Haward

Application withdrawn at the request of the applicant.

The applicant requested that its application be withdrawn.

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

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada, Local 71 v. Black & McDonald Limited, 2000 CanLII 5342

J. G. Knight

David A. McKee

A. Haward

Hearing adjourned to previously scheduled date.

The Ontario Labour Relations Board ordered the hearing in this matter adjourned until January 31, 2000, as previously scheduled.

Labourers’ International Union of North America, Local 1059 v. Formrydt Foundations, 2000 CanLII 9474

J. G. Knight

David A. McKee

A. Haward

Adjournment sine die granted for up to one year following non-appearance by the responding party.

The applicant union requested an adjournment sine die of its application.

The responding party did not appear.

The Ontario Labour Relations Board granted the adjournment for a period not exceeding one year, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Bennett & Wright Group Inc., 2000 CanLII 9502

J. G. Knight

David A. McKee

A. Haward

Application adjourned sine die for up to one year.

The applicant requested an adjournment sine die of the application.

The responding party did not appear.

The Board granted the adjournment for a period not exceeding one year, after which the application will be deemed terminated if no party requests to proceed.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Michael F. Astbury and Uwe R. Bligenthal c.o.b. as Goldfish Plumbing, 2000 CanLII 7749

L. Arnold

6 cases1981–2000

D. McBride

3 cases2000–2000

J. G. Knight

David A. McKee

A. Haward

Employer ordered to pay $3,751.85 in damages for late remittance of union benefit contributions.

The responding party failed to file a notice of intent to defend and did not appear at the hearing.

The Board deemed the applicant's facts as true and found the responding party bound by the Provincial Collective Agreement.

The Board concluded the employer breached the agreement by making late payments and ordered the responding party to pay $3,751.85 in damages.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. S. Breda Plumbing Ltd., 2000 CanLII 11908

David A. McKee

OLRBOntario Labour Relations BoardNov 30, 1999

Unfair labour practice complaint dismissed; union's financial conditions for reinstatement were reasonable and uniformly applied.

The applicant filed an unfair labour practice complaint alleging that the union violated sections 75 and 87 of the Labour Relations Act by imposing unreasonable financial conditions for his reinstatement to union membership.

The union required payment of past dues, health and welfare contributions, and a standard reinstatement fee.

The Board dismissed the complaint, finding that the union's requirements were reasonable, uniformly applied, and not motivated by a desire to penalize the applicant for a previous complaint.

John Cheresna v. Sheet Metal Workers' International Association, Local 47, 1999 CanLII 20186

David A. McKee