David A. McKee

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

David A. McKee

Certification application dismissed after representation vote failed to secure majority support.

The applicant union filed a certification application.

Following a representation vote, the Board found that not more than 50% of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party.

As no statement of desire to make representations was filed, the Board dismissed the application and directed the destruction of the ballots after 30 days.

The Board also drew the parties' attention to section 10(3) of the Labour Relations Act, 1995, regarding future applications for certification.

International Brotherhood of Electrical Workers, Local 1687 v. Chevalier Denis Electric, 2001 CanLII 15727

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

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

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

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

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

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

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

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

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

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

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

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

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

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

David A. McKee

Funds held in trust disbursed in accordance with parties' Minutes of Settlement.

The applicant employer appealed 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 $3,444.11 returned to the employer, $2,000.00 paid to the employee, and the administration fee retained by the Consolidated Revenue Fund.

SMK Speedy International Inc. v. Daniel Wingrove, 2001 CanLII 14093

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

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

G. Pickell

G. McMenemy

David A. McKee

Employment and Labour Law

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

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

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

David A. McKee

Certification application dismissed after representation vote failed to secure majority support.

The applicant union filed a certification application.

Following a representation vote, the Board found that not more than 50% of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party.

As no statement of desire to make representations was filed, the Board dismissed the application and directed the destruction of the ballots after 30 days.

The Board also drew the parties' attention to section 10(3) of the Labour Relations Act, 1995, regarding future applications for certification.

International Brotherhood of Electrical Workers, Local 1687 v. Chevalier Denis Electric, 2001 CanLII 15727

J. G. Knight

G. McMenemy

OLRBUnanimous (Wrote the reasons)0 cases1999–2001

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

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

J. G. Knight

G. McMenemy

David A. McKee

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

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

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

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

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.

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

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

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

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

J. G. Knight

G. McMenemy

David A. McKee

Application withdrawn at the request of the applicant.

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

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

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

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

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

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

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

David A. McKee

Funds held in trust disbursed in accordance with parties' Minutes of Settlement.

The applicant employer appealed an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

SMK Speedy International Inc. v. Daniel Wingrove, 2001 CanLII 14093

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 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

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

G. Pickell

G. McMenemy

David A. McKee