David A. McKee

OLRBOntario Labour Relations BoardAug 3, 2001

Certification application dismissed after union failed to obtain majority support in representation vote.

The applicant union applied for certification.

Following a representation vote, not more than fifty percent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party employer.

As the union failed to obtain majority support, the Ontario Labour Relations Board dismissed the application for certification and cancelled previously set meeting and hearing dates.

Labourers’ International Union of North America, Local 493 v. Nor Eng Construction & Engineering Inc., 2001 CanLII 19398

Application withdrawn at the request of the applicant.

The applicant requested to withdraw its application before the Ontario Labour Relations Board.

The Board acknowledged the request and the application was withdrawn.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. 1428508 Ontario Limited c.o.b. as Forma-Con Construction, 2001 CanLII 8831

J. G. Knight

G. McMenemy

David A. McKee

Decertification application set down for hearing to determine disputed bargaining unit status of three individuals.

The applicant brought an application for decertification under the construction industry provisions of the Labour Relations Act, 1995.

The Board directed the Registrar to set the matter down for two days of hearing to determine the challenges to three individuals whose status as members of the bargaining unit was disputed.

The applicant was directed to ensure the attendance of one specific individual, and the parties were directed to confer regarding the other two.

The Unionized Employees of Ariss Concrete Forming Ltd. v. Labourers’ International Union of North America Ontario Provincial District Council and Labourers’ International Union of North America, Local 1081, 2001 CanLII 16732

David A. McKee

Time limits extended for filing application for review of Employment Standards Officer's decision.

The applicant sought an extension of time to file an application for review of an Employment Standards Officer's decision under section 68 of the Employment Standards Act.

The Board granted the extension, finding that the delay was very short and caused only by the applicant's failure to read the proper address for service on the Order to Pay.

The Registrar was directed to process the application.

Around the World Moventake Ltd. v. Mike Fanioudakis, and Ministry of Labour, 2001 CanLII 17709

David A. McKee

Application for review of Employment Standards Officer decision dismissed for late and improper filing.

The applicant sought a review of an Employment Standards Officer's decision.

The application was filed late, at the wrong office, and by facsimile, which is not permitted by the Board's Rules of Procedure.

The applicant provided no valid reasons for the delay or the improper filing.

The Board declined to extend the time limit or relieve against the filing rules, and dismissed the application.

128129 Ontario Limited o/a Platis Custom Cleaners v. Maria Pantelidis, and Ministry of Labour, 2001 CanLII 6406

David A. McKee

Application terminated pursuant to filed Minutes of Settlement.

The applicant filed an application under the Employment Standards Act.

The parties subsequently filed Minutes of Settlement.

The Ontario Labour Relations Board terminated the application in accordance with subsection 69.1(5) of the Act.

Lem Douvinos v. Sheppard Bar & Grill/Centre Ice Sports Bar, 2001 CanLII 13743

David A. McKee

Employment Standards Act application terminated pursuant to Minutes of Settlement.

The applicant filed an application under the Employment Standards Act.

The parties filed Minutes of Settlement.

The Ontario Labour Relations Board terminated the application in accordance with subsection 69.1(5) of the Act.

Steven McJannet v. Piconeri Contractors Limited, 2001 CanLII 15487

J. G. Knight

G. McMenemy

David A. McKee

Application adjourned sine die on consent of the parties.

The applicant union filed an application with the Ontario Labour Relations Board.

On consent of the parties, the Board adjourned the application sine die for a period not exceeding one year, after which it will be deemed terminated if no request to proceed is made.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Accurate Overhead Limited, 2001 CanLII 6403

J. G. Knight

G. McMenemy

David A. McKee

Application withdrawn at the request of the applicant.

The applicant, Canadian Union of Operating Engineers and General Workers, requested to withdraw its application against Heaton Sanitation Ltd. The Ontario Labour Relations Board granted the request and the application was withdrawn.

Canadian Union of Operating Engineers and General Workers v. Heaton Sanitation Ltd., 2001 CanLII 11519

David A. McKee

Board allows inquiry into voter eligibility where parties swapped positions after representation vote.

The Labourers' International Union of North America applied for certification, and the Carpenters and Allied Workers Local 27 intervened and filed a section 96 application alleging unfair labour practices.

The Board considered whether to inquire into the voter eligibility of three individuals after the parties changed their positions following the representation vote.

Applying Martha's Garden Inc., the Board held it would inquire into their status because the parties merely adopted each other's previously articulated positions.

The Board also found the section 96 application disclosed a prima facie case of a conspiracy between the applicant union and the employer, directing it to proceed alongside the certification application.

Labourers’ International Union of North America v. Aspen Aluminum, 2001 CanLII 20146

J. G. Knight

G. McMenemy

David A. McKee

Board confirms union may seek construction industry bargaining unit confined to a single Board Area.

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

The responding party employer argued that the bargaining unit should include both Board Areas 8 and 9.

The Board rejected this argument, noting that section 158(2) of the Act permits the applicant to seek a bargaining unit confined to Board Area 9.

The Board directed that a hearing be held to determine whether the ballots cast by two disputed individuals should be counted, and ordered the parties to exchange relevant documents.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Baycliffe Homes Inc., 2001 CanLII 17812

J. G. Knight

G. McMenemy

David A. McKee

Board directed applications for certification and section 96 complaint to be listed for hearing.

The applicant union brought an application for certification and a complaint under section 96 of the Labour Relations Act, 1995 regarding a representation vote and the employment status of an individual.

The responding party's request for reconsideration was deemed moot.

The Board found no reason to exclude two individuals from the list of persons whose status was in dispute, noting the responding party was arguing alternative legal characterizations rather than alternative facts.

The Board directed the Registrar to list both applications for a two-day hearing and ordered the applicant to file particulars.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Express Carpentry, 2001 CanLII 17336

David A. McKee

Application for review of Employment Standards officer decision withdrawn by applicant.

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

The applicant subsequently requested to withdraw the application.

The Ontario Labour Relations Board noted that leave to withdraw was not required at this stage and permitted the withdrawal, leaving the effect on any future claims to be determined if necessary.

Ontario Nurses' Association v. VON Eastern Counties, 2001 CanLII 15705

G. Pickell

G. McMenemy

David A. McKee

Board directs representation vote in construction industry certification application.

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 appeared to have the requisite membership support of not less than forty percent in the proposed bargaining unit.

The Board defined the appropriate bargaining unit and directed that a representation vote be taken among the eligible employees.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. The Kaitlin Group, 2001 CanLII 10775

David A. McKee

Application for review of Employment Standards Officer's decision dismissed as untimely.

The applicant sought a review of an Employment Standards Officer's decision more than a year after the decision was issued.

The Employment Standards Act requires applications to be filed within 45 days.

The applicant provided no reasons for the delay.

The Board declined to exercise its discretion to extend the time and dismissed the application as untimely.

Karen Barnhart v. Brown’s Fine Food Services, 2001 CanLII 18188

G. Pickell

G. McMenemy

David A. McKee

Board directs representation vote in construction certification application despite employer's claim of zero employees.

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

The employer asserted there were no employees in the bargaining unit and purported to give notice under section 8.1.

The Board found the section 8.1 notice invalid, as it is not intended for situations where the employer claims zero employees.

The Board determined the appropriate geographic description of the bargaining unit using geographic townships rather than municipal boundaries.

Finding that the union appeared to have the requisite 40% membership support, the Board directed a representation vote.

United Brotherhood of Carpenters and Joiners of America, Local 1669 v. Nor-Eng Construction & Engineering Inc., 2001 CanLII 18692

David A. McKee

Responding party directed to explain failure to produce previously ordered documents.

The Ontario Labour Relations Board issued a procedural direction regarding document production.

The responding party was directed to advise the Board by August 3, 2001, why it had failed to produce documents as previously ordered in a July 10, 2001 decision.

International Union of Painters and Allied Trades, Local 200 v. S & S Glass & Aluminum (1993) Ltd., 2001 CanLII 17789

David A. McKee

Extension of time to file response granted due to counsel vacation.

The responding party requested an extension of time to file its response because its counsel were on vacation.

The Board granted the request and extended the time for filing the response to August 15, 2001.

International Union of Bricklayers and Allied Craftsmen, Locals 6, 7 and 25 v. Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers, 2001 CanLII 11144

David A. McKee

Application for review of Order to Pay dismissed as untimely; no valid reasons for extension.

The applicant sought an extension of time to file an application for review of an employment standards officer's Order to Pay.

The applicant claimed that the Ministry failed to ensure delivery of the initial claim and that a follow-up letter was not addressed to his personal attention, causing it to be placed with non-urgent mail.

The Board found that the applicant was responsible for organizing his affairs and that the Ministry was under no obligation to send a reminder or provide personal service.

The Board concluded there were no satisfactory reasons to extend the time limits and dismissed the application as untimely.

Steve Bryant operating as Vacumart v. David Dietrich, 2001 CanLII 11965

David A. McKee