David A. McKee

Consent order issued enforcing settlement for unpaid union benefit remittances.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, alleging the employer failed to make timely remittances to various health, welfare, and pension funds.

Prior to the hearing, the parties entered into Minutes of Settlement wherein the employer acknowledged the violation and agreed to pay $117,946.66 in principal and $4,910.99 in liquidated damages.

The Ontario Labour Relations Board issued a consent order incorporating the agreed-upon terms.

Universal Workers’ Union, L.I.U.N.A., Local 183 v. Goldmar Contracting Ltd., 2001 CanLII 20946

David A. McKee

Application withdrawn at the request of the applicant.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The Ontario Labour Relations Board granted the request and the application was withdrawn.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. BFC Industrial – Nicholls Radtke, 2001 CanLII 18205

David A. McKee

Application terminated following Minutes of Settlement between the parties.

The applicant filed an application under the Employment Standards Act.

The parties reached Minutes of Settlement.

The Ontario Labour Relations Board terminated the application having regard to the settlement.

Ronald Falk v. Ready Bake Foods Inc., 2001 CanLII 14016

David A. McKee

Board orders document production to determine employee status in construction industry certification application.

The applicant union applied for certification in the construction industry.

The responding party employer filed a section 8.1 notice, pleading in the alternative that it had zero employees or 25 employees.

The Board held that pleading in the alternative was permissible and did not invalidate the section 8.1 notice.

The Board also found no binding agreement between the parties regarding the status of the disputed workers.

To facilitate the determination of whether the workers were employees or independent contractors, the Board ordered extensive document production from all parties and set out a procedure for determining the status of the intervenors first.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Tri-Can Contracting Incorporated, 2001 CanLII 9730

David A. McKee

Grievance referral adjourned sine die on consent of the parties.

The applicant union and responding party employer agreed to adjourn the grievance referral sine die for a period not exceeding one year.

The Board granted the consent adjournment, noting the matter would be deemed terminated if neither party requested to proceed within that time.

The International Union of Painters and Allied Trades, District Council 46 v. Canadian Polymer Systems Inc., 2001 CanLII 4581

David A. McKee

Application terminated following the parties reaching Minutes of Settlement.

The applicant filed an application against Trade Tech and the Ministry of Labour.

The parties reached Minutes of Settlement.

Having regard to the settlement, the Ontario Labour Relations Board terminated the application.

William Crosbie v. Trade Tech, 2001 CanLII 8843

David A. McKee

Application terminated following Minutes of Settlement between the parties.

The applicant brought an employment practices application against the responding parties.

Having regard to the Minutes of Settlement reached between the parties, the Ontario Labour Relations Board ordered the application terminated.

Peter Mills v. Absolute Heating and Cooling Ltd., 2001 CanLII 17144

David A. McKee

Employment standards application terminated following minutes of settlement between the parties.

The applicant filed an application under the Employment Standards Act against the employer and the Ministry of Labour.

The parties reached Minutes of Settlement.

Having regard to the settlement, the Ontario Labour Relations Board terminated the application.

Nader Yacoub v. 125439 Ontario Corp. o/a Petro Canada, 2001 CanLII 15258

David A. McKee

Application terminated following Minutes of Settlement between the parties.

The applicant filed an application against the responding parties.

The parties subsequently reached Minutes of Settlement.

Having regard to the settlement, the Ontario Labour Relations Board terminated the application.

Clara Cecatini v. Coulter’s Mill Dental Office, 2001 CanLII 13028

David A. McKee

Default judgment granted against employer for violating collective agreement by employing non-members.

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

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 Board deemed the responding party to have accepted all facts stated in the application.

The Board found that the responding party violated the collective agreement by employing non-members to perform covered work and ordered it to pay $133,390.40 in damages plus filing fees.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Rosewood Contracting Ltd., 2001 CanLII 10834

Representation vote directed in construction industry certification application; ballot boxes sealed due to bargaining unit dispute.

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

The responding party filed a timely response and a notice under section 8.1, asserting it employs carpenters in a different Board Area than the one listed in the application.

The Board found that the applicant appeared to have the requisite membership support and directed a representation vote for the proposed bargaining unit, with the ballot boxes to be sealed pending resolution of the bargaining unit dispute.

United Brotherhood of Carpenters and Joiners of America, Local 397 v. Spancrest Enterprises Inc. o/a Spancrest Construction, 2001 CanLII 20294

David A. McKee

OLRB orders disbursement of funds held in trust pursuant to parties' Minutes of Settlement.

The applicant sought a review under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the funds held by the Director in trust to be disbursed in accordance with the settlement, with $900.00 paid to the employee and $857.20 returned to the employer.

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

Frank Cesario v. Mark Allen, 2001 CanLII 7792

David A. McKee

Board ordered disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

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 Ontario Labour Relations Board ordered the funds held in trust by the Director to be disbursed in accordance with the settlement, with $1,700.00 paid to the employee, $1,359.73 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

Unique Woven Poly Bag Co. Ltd. v. Kim Mei Hui Chen and Ministry of Labour, 2001 CanLII 5165

G. Pickell

David A. McKee

A. Haward

Board orders representation vote in construction industry certification application after respondent fails to file proper response.

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

The responding party failed to file a proper response within the stipulated time.

The Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

The Board directed that a representation vote be taken of the eligible individuals in the voting constituency.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Embee Properties Limited, 2001 CanLII 4654

David A. McKee

Board amended bargaining unit certificate to exclude plumbers and pipefitters, enforcing parties' original agreement.

The applicant union sought to change its position regarding the exclusion of journeyman and apprentice plumbers and pipefitters from the bargaining unit, despite having previously agreed to their exclusion during the certification process.

The Ontario Labour Relations Board declined to allow the applicant to depart from its agreed position, noting that taking advantage of an oversight by the opposing party or the tribunal is considered sharp practice.

The Board reconsidered its previous decision and amended the bargaining unit description to explicitly exclude the disputed trades, directing the applicant to return the original certificate.

Construction Workers Local 53 v. Fahringer Mechanical Contractors Limited, 2001 CanLII 3504

David A. McKee

Board requests information on status of draft regulation before deciding on suspension of OHSA orders.

The applicant requested the suspension of several orders made by an Occupational Health and Safety Officer.

The Board directed the applicant to advise on the status of a draft regulation under the Safe Schools Act before it could deal with the request.

A request for an extension of time for filing submissions by a responding party was denied.

Greater Essex County District School Board v. Ontario Secondary School Teachers Federation, District 9, 2001 CanLII 3159

David A. McKee

Application for review of an order to pay resolved by settlement returning funds to the employer.

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 funds held in trust by the Director to be disbursed, with $550.83 returned to the employer and the $100 administration fee retained by the Consolidated Revenue Fund.

The matter was deemed terminated subject to the Ministry of Labour's right to request a hearing.

The Walden Gazette v. Theresa A. Benedict, 2001 CanLII 2991

G. Pickell

David A. McKee

A. Haward

Board orders representation vote in construction industry certification application, sealing ballot boxes pending status disputes.

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 submitted sufficient membership evidence to order a representation vote, despite some ambiguity in the application forms regarding the specific local union.

The responding party disputed its status as a construction employer and filed a notice under section 8.1.

The Board ordered a representation vote to be held, with the ballot boxes sealed pending the resolution of the employer's status and any remaining issues regarding the membership evidence.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Konecranes Canada Inc. o/a Crane Pro Services, 2001 CanLII 15216

David A. McKee

Application withdrawn at the request of the applicant.

The applicant union requested to withdraw its application against the responding party employer.

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

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Adanac Welding and Fabricating Inc., 2001 CanLII 13414

David A. McKee

Employment and Labour Law

Applicant directed to advise Board of intentions regarding dormant termination application or face dismissal.

The applicant filed an application for the termination of bargaining rights in April 2000.

After providing particulars in June 2000, no further steps were taken.

The Board directed the applicant to advise what it wishes to do with the application by October 10, 2001, failing which the application will be terminated.

GD Control Inc. v. International Brotherhood of Electrical Workers, Construction Council of Ontario, 2001 CanLII 6182

appearing on her own behalf

Nona OliverSelf-represented
1 appearance

appearing on his own behalf

John CheresnaSelf-represented
1 appearance
Robert FloodSelf-represented
1 appearance
Roman ChorkawyjSelf-represented
1 appearance

for 539243 Ontario Limited o/a Royal Carpentry Group

M. MontanaroCounsel
1 appearance

for 910609 Ontario Inc. c.o.b. Columbia Chrome

J. BarrackCounsel
1 appearance

for all responding parties

Lino VitorioCounsel
1 appearance

for Antonio Sabato, The Maplecrete Group Corporation, Maplecrete Construction Company Limited, Trojan Construction Inc., and Radius Construction Corp.

A. SabatoSelf-represented
1 appearance
M. HoranCounsel
1 appearance

for Avenue Structures

D. LeoneCounsel
2 appearances

for Big “B” Steel Erectors Inc.

Barry BelfordAgent
1 appearance

for Bricklayers Local 1 in File Nos. 0483-01-U and 3254-00-R

L. RichmondCounsel
2 appearances

for Bricklayers Local 1 in File Nos. 3808-00-R

J. MeiorinUnion representative
1 appearance

for Bricklayers Local 1 in File Nos. 3808-00-R and 3309-00-R

J. MeiorinUnion representative
1 appearance

for Bricklayers' Locals 1, 2, 4, 5, 10, 12, 20, 23, 28, 29 & 31

Andrea BowkerCounsel
1 appearance
John HaggisUnion representative
1 appearance

for Bricklayers' Locals 6, 7 & 25

Michael GottheilCounsel
1 appearance

for Burnkirk B.C.A. Construction Inc.

Andrew TremayneCounsel
1 appearance
Branko CurkovicAgent
1 appearance

for Canadian Merchandising Employees Union

Alick RyderCounsel
1 appearance
Tom ReesUnion representative
1 appearance

for Canadian Merchandising Employees’ Union

Richard BlairCounsel
1 appearance
Tom ReesUnion representative
1 appearance

for Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America

Jack J. SlaughterCounsel
1 appearance
Walter TracognaCounsel
1 appearance

for Carpenters, Local 27 and Carpenters, Local 1030

D. WatsonCounsel
1 appearance
Q. CeolinCounsel
1 appearance

for C & T

Chuck DerietAgent
1 appearance

for Del Gant Construction and Forma-con Construction

D. DefrancescoCounsel
1 appearance

for Del Gant Construction and Forma-Con Construction

D. DefrancescoCounsel
1 appearance

for Ermacon Contracting Inc.

C. NigroCounsel
1 appearance
R. BayneCounsel
1 appearance

for E.S. Fox Limited

J. SaundersCounsel
1 appearance

for Geremiah Geldart and Brad Martin

C. J. AbbassCounsel
1 appearance

for Goldmar

Eliseo LancioneAgent
1 appearance

for Greater Essex County District School Board

Al CookAgent
1 appearance
Jack SullensAgent
1 appearance
L. P. Kavanaugh, Q.C.Counsel
1 appearance
Murray InverartyAgent
1 appearance

for himself

Steve MilneSelf-represented
1 appearance
David HusseySelf-represented
1 appearance
William RobinsonSelf-represented
1 appearance

for IBEW Construction Council of Ontario

John PenderUnion representative
1 appearance

for IBEW, Local 1687

Mark WrightCounsel
1 appearance

for International Brotherhood of Electrical Workers

Anne CummingUnion representative
1 appearance

for International Brotherhood of Electrical Workers, Local 1687

Bruce McNamaraCounsel
1 appearance
Mark WrightCounsel
1 appearance

for International Brotherhood of Electrical Workers, Local 353

Rob GibsonUnion representative
1 appearance

for International Union of Bricklayers and Allied Craftworkers

Joel FreedmanCounsel
1 appearance
Donald K. EadyCounsel
1 appearance

for IUBAC, Locals 6, 7 and 25

Michael GottheilCounsel
1 appearance
Lou MascarinCounsel
1 appearance

for IUBAC locals 6, 7, and 25

M. GottheilCounsel
1 appearance

for Karen Stevenson

Cecil NormanAgent
1 appearance
Karen StevensonSelf-represented
1 appearance

for Karson Kartage & Konstruction (1994) Limited

Bill KarsonAgent
1 appearance
Michael S. RuddyCounsel
1 appearance

for Karson Kartage & Konstruction Employees’ Association

Kevin HannaAgent
1 appearance
Charles V. HofleyCounsel
1 appearance

for Kvaerner Jaddco

D. JeffriesCounsel
2 appearances
C. MosherCounsel
1 appearance

for Labourers' International Union of North America Local 183

M. LewisCounsel
2 appearances

for Labourers', Local 183

J. ValaCounsel
1 appearance

for Labourers, Local 183

Henry PerreiraCounsel
1 appearance
John MoszynskiCounsel
1 appearance
Marcia KredentserCounsel
1 appearance

for Labourers’, Local 527

Shawn McLaughlinCounsel
1 appearance
Daniel RandazzoCounsel
1 appearance

for Local 1030

Ziggy PflanzerUnion representative
1 appearance

for Local 183

Carlos PinheiroUnion representative
1 appearance

for MIECO

D. BannonCounsel
1 appearance

for Millwright & Machine Erectors Local 1425, United Brotherhood of Carpenters and Joiners of America and International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786

Claude CournoyerCounsel
1 appearance
Gary CarolineCounsel
1 appearance
Aaron MurphyCounsel
1 appearance

for Nel-tekk Industrial Specialties Inc.

Nelson GueretteCounsel
1 appearance

for Northern Ontario Workers’ Association

Nick ColemanCounsel
1 appearance

for Orlick Industries Limited

Al BrownAgent
1 appearance
Lawrence J. Cohen, Q.C.Counsel
1 appearance
Mark BrownAgent
1 appearance

for Peter Curkovic Limited

Peter CurkovicAgent
1 appearance
Peter ViceCounsel
1 appearance

for RLP Machine and Steel Fabrication Inc. and Cloutier’s Machine Shop Limited

J. KnightCounsel
1 appearance

for Sheet Metal Workers International Association Local 30

John CollinsUnion representative
1 appearance

for Southern Ontario Masonry Inc. and/or Viacon Masonry Inc.

Walter ThorntonCounsel
1 appearance
Acacio PauloCounsel
1 appearance

for Spud Erectors Inc.

T. HawtinCounsel
2 appearances
T. HawtinAgent
1 appearance

for Supply Chain Express Inc.

Andra PollakCounsel
6 appearances
Scott CarterAgent
4 appearances
Patricia BourkCounsel
3 appearances
Scott CarterCounsel
2 appearances
Patrick BourkCounsel
1 appearance

for the Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America

Leslie HanecakCounsel
1 appearance
J. David WatsonCounsel
1 appearance

for the applicant

James FysheCounsel
5 appearances
Bill BradyCounsel
4 appearances
Michael O’BrienCounsel
3 appearances
L. ArnoldCounsel
3 appearances
Mark J. LewisCounsel
3 appearances
D. McBrideCounsel
3 appearances
M. GottheilCounsel
3 appearances
L. A. RichmondCounsel
2 appearances
Nicholas J. KeresztesiCounsel
2 appearances
J. HaggisCounsel
2 appearances
Jack McDowellUnion representative
2 appearances
David WatsonCounsel
2 appearances
Joseph LibermanCounsel
2 appearances
Brian McKnightUnion representative
1 appearance
Carlos DionisioUnion representative
1 appearance
Carolyn HartCounsel
1 appearance
Charles MurrayAgent
1 appearance
Connie RoyAgent
1 appearance
Daniel LeoneCounsel
1 appearance
Daniel LeoneAgent
1 appearance

for the Applicant

Brian ChristieUnion representative
1 appearance
Carolyn V. ForbesSelf-represented
1 appearance
Dermot LynchUnion representative
1 appearance
Frank MunnoUnion representative
1 appearance
Jack SlaughterCounsel
1 appearance
Jack SlaughterUnion representative
1 appearance
James JacksonUnion representative
1 appearance
Joe O’SheaUnion representative
1 appearance
Kathy Adams IzzardSelf-represented
1 appearance
Manuel BastosUnion representative
1 appearance
Mary DoughlinSelf-represented
1 appearance
Michael OramUnion representative
1 appearance
Randall Patrick PowersSelf-represented
1 appearance

For the Applicant

John MontiUnion representative
1 appearance

For the Applicant, IBEW Local 353

Michael ObramUnion representative
1 appearance

for the applicants

A.J. AheeCounsel
1 appearance
Allen BulmerSelf-represented
1 appearance
Brian ChristieCounsel
1 appearance
Elizabeth MitchellCounsel
1 appearance
Frank D’AbbondanzaCounsel
1 appearance
Gordon NyeUnion representative
1 appearance
J. CoelhoUnion representative
1 appearance
L. A. RichmondCounsel
1 appearance
Marcia KredentserCounsel
1 appearance
Mark J. LewisCounsel
1 appearance
Stephen B. D. WahlCounsel
1 appearance
T. OldhamUnion representative
1 appearance

for the BACU

L. RichmondCounsel
1 appearance

for the Brick and Allied Craft Union of Canada

John HaggisUnion representative
2 appearances
Lorne RichmondCounsel
2 appearances
Tom OldhamUnion representative
2 appearances

for the Brick and Allied Craft Union of Canada (“BACU”)

K. WilsonCounsel
1 appearance
L. RichmondCounsel
1 appearance

for the Brick and Allied Craft Union of Canada (“BACU”) and BACU Locals 1, 2, 4, 5, 6, 7, 10, 12, 20, 23, 25, 28, 29, and 31

K. WilsonUnion representative
1 appearance
J. CoelhoUnion representative
1 appearance
L. RichmondCounsel
1 appearance

for the Canadian Independent Union of Manufacturing Employees

Robert B. ReidCounsel
1 appearance
Steve SantosUnion representative
1 appearance
Tom McInnesUnion representative
1 appearance
Vince VocalUnion representative
1 appearance

for the Canadian Merchandising Employees Union

Alick RyderCounsel
1 appearance
Tom ReesAgent
1 appearance

for the Carpenters’ Union

D. WatsonCounsel
2 appearances

for the Delsan companies and the Philip companies

Bob MundyCounsel
1 appearance
Scott G. ThompsonCounsel
1 appearance

for the employer

Dan McDonaldAgent
1 appearance

for the employer and David Skov

Russell ZinnCounsel
1 appearance

for the General Presidents' Maintenance Committee for Canada

Chris E. PaliareCounsel
1 appearance

for the IBEW

Mr. WrightCounsel
1 appearance
B. McNamaraCounsel
1 appearance

for the International Brotherhood of Painters and Allied Trades, Local 1494

A. M. Minsky, Q.C.Counsel
1 appearance
Kevin ElliottCounsel
1 appearance

for the International Union of Bricklayers and Allied Craftsmen, Locals 6, 7 and 25

Michael GottheilCounsel
2 appearances
Lou MascarinCounsel
1 appearance
Lou MascarinUnion representative
1 appearance

for the International Union of Bricklayers and Allied Craftworkers

Don EadyCounsel
2 appearances
Donald K. EadyCounsel
1 appearance
Donald K EadyCounsel
1 appearance
Graham AikenCounsel
1 appearance
Graham AikenUnion representative
1 appearance
Joel FreedmanCounsel
1 appearance

for the International Union of Bricklayers and Allied Craftworkers (“IUBAC”)

D. EadyCounsel
2 appearances
G. AitkenCounsel
2 appearances
J. FreedmanCounsel
1 appearance
J. JoyceUnion representative
1 appearance

for the intervenor

Alick RyderCounsel
3 appearances
Tom ReesCounsel
2 appearances
Linda ThayerUnion representative
1 appearance
Mark WrightCounsel
1 appearance
Michael KuegleCounsel
1 appearance
Michael McCrearyCounsel
1 appearance
Mr. EadyCounsel
1 appearance
Mr. GottheilCounsel
1 appearance
Nick ColemanAgent
1 appearance
Tom ReesUnion representative
1 appearance
Ziggy PflanzerUnion representative
1 appearance
Bob DubniakCounsel
1 appearance
Guy BissonCounsel
1 appearance

for the Ironworkers

G. CarolineCounsel
1 appearance

for the Iron Workers, Local 786 and the Millwrights, Local 1425

Frederica WilsonCounsel
1 appearance

for the IUBAC

D. EadyCounsel
1 appearance

for the IUBAC Provincial Council and the Locals

M. GottheilCounsel
1 appearance

for the Labourers’ International Union of North America, Ontario Provincial District Council

John MoszynskiCounsel
1 appearance
A. M. MinskyCounsel
1 appearance
Rocco LotitoCounsel
1 appearance

for the Labourers’ Union

John MoszynskiCounsel
1 appearance
Rob LeoneCounsel
1 appearance

for the Masonry Contractors Association of Toronto Incorporated

C. E. HumphreyCounsel
1 appearance

for the Masonry Industry Employers Council of Ontario

David BannonCounsel
1 appearance

for the Masonry Industry Employers’ Council of Ontario

David BannonCounsel
2 appearances
D. BannonCounsel
1 appearance

for the Ministry of Labour

B. BlumenthalCounsel
1 appearance
Brian FukuzawaCounsel
1 appearance
Chris BeatsonCounsel
1 appearance
Frank CamilleriCounsel
1 appearance
Judie ImCounsel
1 appearance
Karen NortheyCounsel
1 appearance
L. EisenbergCounsel
1 appearance
Mircho MirchevAgent
1 appearance
M. KleinCounsel
1 appearance
Stefan PikorCounsel
1 appearance
Stephen MasonCounsel
1 appearance

for the Ontario Provincial Conference of the IUBAC

Andrea BowkerCounsel
1 appearance
Jerry CoelhoCounsel
1 appearance

for the Ontario Provincial Council of the IUBAC and IUBAC Locals 1, 2, 4, 5, 6, 7, 10, 12, 20, 23, 25, 28, 29, and 31

D. PlunkettUnion representative
1 appearance
L. MascarinCounsel
1 appearance
M. GottheilCounsel
1 appearance

for the Respondent

Lou RoccaAgent
1 appearance

for the responding parties

Carl PetersonCounsel
2 appearances
Eric del JuncoCounsel
2 appearances
David DeFrancescoCounsel
1 appearance
Doug PilkeyUnion representative
1 appearance
Doug PilkeySelf-represented
1 appearance
Elizabeth KeenanCounsel
1 appearance
Gary SmithUnion representative
1 appearance
Gary SmithSelf-represented
1 appearance
Gordon WeirCounsel
1 appearance
James McArthurAgent
1 appearance
Joseph LibermonCounsel
1 appearance
Julio Da SilvaSelf-represented
1 appearance
Mark LivingstonUnion representative
1 appearance
Mark LivingstonSelf-represented
1 appearance
Mike McCrearyUnion representative
1 appearance
Mr. PetersonCounsel
1 appearance
Richard LevertAgent
1 appearance
Robert McArthurAgent
1 appearance
Sean MacDonaldAgent
1 appearance
Yvon TherrienSelf-represented
1 appearance

for the Responding Parties

Ray SladeSelf-represented
1 appearance

For the Responding Parties

Walter ThorntonCounsel
1 appearance

for the responding party

Christopher M. LittleCounsel
3 appearances
Barb WillerAgent
1 appearance
B. FrancisAgent
1 appearance
Bob MoreauUnion representative
1 appearance
Brad VollmerAgent
1 appearance
Brian P. NolanCounsel
1 appearance
Cassandra PriedeAgent
1 appearance
Claudio RaccoCounsel
1 appearance
Craig MosherCounsel
1 appearance
Dan CoxCounsel
1 appearance
Dan CrawfordAgent
1 appearance
Daryn JeffriesCounsel
1 appearance
David ChondonCounsel
1 appearance
David DeFrancescoCounsel
1 appearance
D. DefrancescoCounsel
1 appearance
Gary LattaAgent
1 appearance
Gene WillmsCounsel
1 appearance
Gene WillmsAgent
1 appearance
Gil FranciscoAgent
1 appearance
G. RontirisCounsel
1 appearance

for the Responding Party

Doug GriffinSelf-represented
1 appearance
Bernard FeinbergAgent
1 appearance
Phil BancheriAgent
1 appearance
Saul CordeiroAgent
1 appearance
Sergio LanciaAgent
1 appearance

For the Responding Party

Frank ColucciAgent
1 appearance

for the responding party employee

Dean LindsayAgent
1 appearance

for the responding party employer

Carl PetersonCounsel
1 appearance
E. BortolussiAgent
1 appearance
R. BortolussiAgent
1 appearance
Tim PatrickCounsel
1 appearance

for the responding party union and intervenor

Donald K. EadyCounsel
1 appearance
Michael GottheilCounsel
1 appearance

for the Sheet Metal Workers

J. RasoCounsel
1 appearance

for the Sheet Metal Workers International Association

Patrick RileyAgent
1 appearance

for the Sheet Metal Workers International Association, Local 47

Ross MitchellAgent
1 appearance
J. RasoAgent
1 appearance

for The Terrazzo, Tile and Marble Guild of Ontario

Carl PetersonCounsel
2 appearances
Bob SanelliAgent
1 appearance
Bob SanelliCounsel
1 appearance

for the Terrazzo, Tile and Marble Guild of Ontario Inc.

R. SanelliCounsel
1 appearance
C. PetersonCounsel
1 appearance

for the TTMGO

C. PetersonCounsel
1 appearance

for the UA

B. VosperCounsel
1 appearance
L. ArnoldCounsel
1 appearance

for the union

Lise LeducCounsel
1 appearance
Robert DesjardinsCounsel
1 appearance
Yves TessierCounsel
1 appearance

for the Union

Jim LajeunesseUnion representative
1 appearance
Michael O’BrienUnion representative
1 appearance

for The United Steelworkers of America, Local 7155

David HilkerUnion representative
1 appearance
George CasselmanUnion representative
1 appearance
Mark RowlinsonCounsel
1 appearance

for the Waterloo Furniture Components Ltd.

B. WettlaugerCounsel
1 appearance
Erin R. KuzzCounsel
1 appearance
R. PhillionCounsel
1 appearance
W.S. CookCounsel
1 appearance

for Toronto Electrical Industry Benefit Administration Services Ltd.

M. McFaddenCounsel
1 appearance

for Tridel Corporation

Jim WilkinsonCounsel
1 appearance
Richard CushingCounsel
1 appearance
Vito SantoliCounsel
1 appearance

for Underground Services (1983) Ltd.

Erin R. KuzzCounsel
1 appearance
Genvieve DebaneCounsel
1 appearance
Kevin McMurdoCounsel
1 appearance

for Veronica Jefferson

Jim JeffersonAgent
1 appearance
Veronica JeffersonSelf-represented
1 appearance

for Wilson Logistics Inc. and Wilson’s Truck Lines Limited

Dave ChapmanAgent
1 appearance
Fred von VehCounsel
1 appearance
Maria McDonaldCounsel
1 appearance

for Wilson’s Truck Lines Limited

F.R. von VehCounsel
1 appearance
Maria McDonaldCounsel
1 appearance
Paul HarveyAgent
1 appearance
Ron OuelletteAgent
1 appearance
Sharon DuffyAgent
1 appearance

for Wilson's Truck Lines Limited and Wilson Logistics Inc.

Fred von VehCounsel
2 appearances

for Wilson’s Truck Lines Limited and Wilson Logistics Inc.

Fred von VehCounsel
2 appearances

on behalf of all of the Responding Parties

S. WahlCounsel
1 appearance

831

Decisions

Years active

Tribunals

29.7

cases/mo

OLRB831(100%)

Decision types

motion

622

appeal

105

trial

104

/Adjudicator

David A. McKee — Vice-Chair

Administrative Law

Other Tribunals

Construction Law

Bankruptcy and Insolvency Law

David A. McKee

Vice-Chair·Ontario Labour Relations Board·Since 1999

831

cases · 3 yrs · OLRB

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 536Vice-Chair· 166Vice-Chair· 109Vice-Chair· Chair· 8Vice Chair· 8Vice-Chair· Chair· 3

David A. McKee

Consent order issued enforcing settlement for unpaid union benefit remittances.

Prior to the hearing, the parties entered into Minutes of Settlement wherein the employer acknowledged the violation and agreed to pay $117,946.66 in principal and $4,910.99 in liquidated damages.

The Ontario Labour Relations Board issued a consent order incorporating the agreed-upon terms.

Universal Workers’ Union, L.I.U.N.A., Local 183 v. Goldmar Contracting Ltd., 2001 CanLII 20946

David A. McKee

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.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. BFC Industrial – Nicholls Radtke, 2001 CanLII 18205

David A. McKee

Application terminated following Minutes of Settlement between the parties.

The applicant filed an application under the Employment Standards Act.

The parties reached Minutes of Settlement.

The Ontario Labour Relations Board terminated the application having regard to the settlement.

Ronald Falk v. Ready Bake Foods Inc., 2001 CanLII 14016

David A. McKee

Board orders document production to determine employee status in construction industry certification application.

The applicant union applied for certification in the construction industry.

The responding party employer filed a section 8.1 notice, pleading in the alternative that it had zero employees or 25 employees.

The Board held that pleading in the alternative was permissible and did not invalidate the section 8.1 notice.

The Board also found no binding agreement between the parties regarding the status of the disputed workers.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Tri-Can Contracting Incorporated, 2001 CanLII 9730

David A. McKee

Grievance referral adjourned sine die on consent of the parties.

The applicant union and responding party employer agreed to adjourn the grievance referral sine die for a period not exceeding one year.

The Board granted the consent adjournment, noting the matter would be deemed terminated if neither party requested to proceed within that time.

The International Union of Painters and Allied Trades, District Council 46 v. Canadian Polymer Systems Inc., 2001 CanLII 4581

David A. McKee

Application terminated following the parties reaching Minutes of Settlement.

The applicant filed an application against Trade Tech and the Ministry of Labour.

The parties reached Minutes of Settlement.

Having regard to the settlement, the Ontario Labour Relations Board terminated the application.

William Crosbie v. Trade Tech, 2001 CanLII 8843

David A. McKee

Application terminated following Minutes of Settlement between the parties.

The applicant brought an employment practices application against the responding parties.

Having regard to the Minutes of Settlement reached between the parties, the Ontario Labour Relations Board ordered the application terminated.

Peter Mills v. Absolute Heating and Cooling Ltd., 2001 CanLII 17144

David A. McKee

Employment standards application terminated following minutes of settlement between the parties.

The applicant filed an application under the Employment Standards Act against the employer and the Ministry of Labour.

The parties reached Minutes of Settlement.

Having regard to the settlement, the Ontario Labour Relations Board terminated the application.

Nader Yacoub v. 125439 Ontario Corp. o/a Petro Canada, 2001 CanLII 15258

David A. McKee

Application terminated following Minutes of Settlement between the parties.

The applicant filed an application against the responding parties.

The parties subsequently reached Minutes of Settlement.

Having regard to the settlement, the Ontario Labour Relations Board terminated the application.

Clara Cecatini v. Coulter’s Mill Dental Office, 2001 CanLII 13028

David A. McKee

Default judgment granted against employer for violating collective agreement by employing non-members.

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

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 Board deemed the responding party to have accepted all facts stated in the application.

The Board found that the responding party violated the collective agreement by employing non-members to perform covered work and ordered it to pay $133,390.40 in damages plus filing fees.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Rosewood Contracting Ltd., 2001 CanLII 10834

J. G. Knight

OLRBUnanimous0 cases1993–2001

G. McMenemy

David A. McKee

Representation vote directed in construction industry certification application; ballot boxes sealed due to bargaining unit dispute.

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

The responding party filed a timely response and a notice under section 8.1, asserting it employs carpenters in a different Board Area than the one listed in the application.

United Brotherhood of Carpenters and Joiners of America, Local 397 v. Spancrest Enterprises Inc. o/a Spancrest Construction, 2001 CanLII 20294

David A. McKee

OLRB orders disbursement of funds held in trust pursuant to parties' Minutes of Settlement.

The applicant sought a review under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

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

Frank Cesario v. Mark Allen, 2001 CanLII 7792

David A. McKee

Board ordered disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

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.

Unique Woven Poly Bag Co. Ltd. v. Kim Mei Hui Chen and Ministry of Labour, 2001 CanLII 5165

G. Pickell

David A. McKee

A. Haward

Board orders representation vote in construction industry certification application after respondent fails to file proper response.

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

The responding party failed to file a proper response within the stipulated time.

The Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

The Board directed that a representation vote be taken of the eligible individuals in the voting constituency.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Embee Properties Limited, 2001 CanLII 4654

David A. McKee

Board amended bargaining unit certificate to exclude plumbers and pipefitters, enforcing parties' original agreement.

The Board reconsidered its previous decision and amended the bargaining unit description to explicitly exclude the disputed trades, directing the applicant to return the original certificate.

Construction Workers Local 53 v. Fahringer Mechanical Contractors Limited, 2001 CanLII 3504

David A. McKee

Board requests information on status of draft regulation before deciding on suspension of OHSA orders.

The applicant requested the suspension of several orders made by an Occupational Health and Safety Officer.

The Board directed the applicant to advise on the status of a draft regulation under the Safe Schools Act before it could deal with the request.

A request for an extension of time for filing submissions by a responding party was denied.

Greater Essex County District School Board v. Ontario Secondary School Teachers Federation, District 9, 2001 CanLII 3159

David A. McKee

Application for review of an order to pay resolved by settlement returning funds to the employer.

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 matter was deemed terminated subject to the Ministry of Labour's right to request a hearing.

The Walden Gazette v. Theresa A. Benedict, 2001 CanLII 2991

G. Pickell

David A. McKee

A. Haward

Board orders representation vote in construction industry certification application, sealing ballot boxes pending status disputes.

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 submitted sufficient membership evidence to order a representation vote, despite some ambiguity in the application forms regarding the specific local union.

The responding party disputed its status as a construction employer and filed a notice under section 8.1.

The Board ordered a representation vote to be held, with the ballot boxes sealed pending the resolution of the employer's status and any remaining issues regarding the membership evidence.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Konecranes Canada Inc. o/a Crane Pro Services, 2001 CanLII 15216

David A. McKee

Application withdrawn at the request of the applicant.

The applicant union requested to withdraw its application against the responding party employer.

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

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Adanac Welding and Fabricating Inc., 2001 CanLII 13414

David A. McKee