David A. McKee

Board reconsiders previous decision and orders employer to pay $5,000 pursuant to Minutes of Settlement.

The applicant union filed Minutes of Settlement regarding violations of the Provincial Collective Agreement by the responding party employer.

The employer agreed to pay $5,000 in full and final settlement and to comply with the collective agreement.

Based on this agreement, the Board reconsidered its previous decision of July 6, 2001, revoked certain paragraphs, and ordered the employer to pay the union $5,000 forthwith.

The International Union of Painters and Allied Trades Local Union 1494 v. Windsor Painting Contractors (1986) Ltd., 2001 CanLII 13357

David A. McKee

Board orders disbursement of funds held in trust pursuant to 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 Board ordered the funds held in trust by the Director to be disbursed according to the settlement, with $103.64 to the employer, $103.65 to the employee, and the $100 administration fee retained by the Consolidated Revenue Fund.

1233845 Ontario Ltd. o/a Roadkill Cafe v. Kim Martin and Ministry of Labour, 2001 CanLII 9972

J. G. Knight

G. McMenemy

David A. McKee

Board directed employer to provide proof of service of its response following union's reconsideration request.

The applicant union requested reconsideration of an earlier decision, asserting it was not served with the employer's response and that the response was therefore untimely.

The Board noted the certificate of delivery did not specify on whom the response was served.

The Board directed the responding party to advise whether it served the applicant and to provide a fax transmission report if it did, before determining whether to seal the ballot box.

Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers v. Fibrecast Inc., 2001 CanLII 18155

J. G. Knight

G. McMenemy

David A. McKee

Board directs representation vote for plumbers and steamfitters after employer fails to respond to certification application.

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 response within the stipulated time.

The Board found that the applicant is a trade union and an affiliated bargaining agent.

Based on the information provided, the Board determined 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 defined the appropriate bargaining unit for plumbers, steamfitters, and their apprentices in the industrial, commercial, and institutional sector in Ontario, and all other sectors in Ottawa and Prescott and Russell.

The Board directed that a representation vote be taken on August 2, 2001.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 71 v. Exner Plumbing & Heating Ltd., 2001 CanLII 12559

J. G. Knight

G. McMenemy

David A. McKee

Board directs representation vote in construction industry certification application.

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 is a council of trade unions and an affiliated bargaining agent.

Finding that at least forty percent of the individuals in the proposed bargaining unit were members of the union, the Board directed that a representation vote be taken among the eligible employees of the responding party.

Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers v. Fibrecast Inc., 2001 CanLII 13649

J. G. Knight

G. McMenemy

David A. McKee

Board appoints officer to enter employer premises to post certification notices after employer failed to comply.

The applicant union advised the Board that the responding party employer failed to post the required notices of the certification application and representation vote.

Pursuant to sections 111(2)(f) and (g) of the Labour Relations Act, 1995, the Board appointed a Labour Relations Specialist to enter the employer's premises and conspicuously post the required documents.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 71 v. Exner Plumbing & Heating Ltd., 2001 CanLII 12605

J. G. Knight

G. McMenemy

David A. McKee

Representation vote ordered in construction industry union certification application.

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

The Board found an appearance of membership sufficient to order a representation vote.

The responding party asserted there were no employees in the bargaining unit, which the Board noted could be determined following the vote.

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

Construction and Allied Workers Local Union 607 v. Hugh Munro Construction Ltd., 2001 CanLII 12038

David A. McKee

OLRBOntario Labour Relations BoardJul 25, 2001

Board grants expedited hearing only for issues affecting individual workers' employment and wages.

The applicants brought an application under section 96 of the Labour Relations Act, 1995, alleging various violations by the responding party.

The applicants requested that the matter be scheduled on an expedited basis.

The Board determined that while issues affecting the employment opportunities and wages of individual construction workers may warrant an expedited hearing, disputes primarily affecting the institutional parties do not require extraordinary expedition.

The Board directed the parties to file their responses and provide scheduling information.

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 7368

David A. McKee

Duty of fair representation complaint dismissed for failure to provide a coherent statement of facts.

The applicant filed a duty of fair representation complaint against his union.

The Board previously ordered the applicant to provide a brief, coherent, and relevant statement of facts.

After more than six months, the applicant failed to do so.

The Board exercised its discretion under section 96 of the Labour Relations Act to decline to inquire into the incoherent application and dismissed it.

Daley v. DaimlerChrysler Canada Inc., 2001 CanLII 16511

David A. McKee

Time extended for responding party to file forms and pay fees for grievance referral.

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

The responding party employer wrote to the Board claiming the matter was settled, but failed to file the required Form A-87 or pay the prescribed filing fees.

The applicant did not respond to the Board's request for comments.

The Board held that it could not consider the responding party's letter without the proper forms and fees, as prohibited by section 133(12) of the Act and the Board's rules.

The Board extended the time for the responding party to file the Notice of Intent to Participate and pay the fees by three working days, failing which a default decision would be issued.

The International Union of Painters and Allied Trades Local Union 1494 v. Windsor Painting Contractors (1986) Ltd., 2001 CanLII 16286

David A. McKee

Unfair labour practice complaint dismissed as the Board found no labour relations purpose in inquiring.

The applicant union filed an unfair labour practice complaint alleging that an organizer for the responding union made statements to an employee that violated sections 5 and 76 of the Labour Relations Act, 1995.

The Board noted that section 5 is declaratory and cannot be violated, and that some of the alleged statements amounted to mere salesmanship.

While other statements could arguably constitute a threat to employment security under section 76, the Board exercised its discretion under section 96 to decline to inquire into the complaint.

The Board found no labour relations purpose in proceeding, as the alleged act was isolated, did not lead to an application for certification, and the relief sought was punitive rather than remedial.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America, 2001 CanLII 12000

David A. McKee

Consent order issued incorporating settlement terms for a second representation vote and employer payment.

The applicant union filed an application for certification and an unfair labour practice complaint against the responding party employer.

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

The settlement required the employer to pay $5,000 to the union, permitted a second representation vote, mandated a paid union meeting with employees, and required the posting of a Notice to Employees.

The Ontario Labour Relations Board issued a consent order incorporating the terms of the settlement.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 221 v. Prime Mechanical Inc., 2001 CanLII 16424

David A. McKee

OLRBOntario Labour Relations BoardJul 20, 2001

Board scheduled an expedited hearing to address the employer's allegations of an unlawful strike.

The applicant employer filed an application alleging that employees at its Overlea Boulevard plant were engaging in an unlawful strike, supported by the responding unions.

The Board noted that the application was currently a mere allegation and reviewed the comprehensive statutory framework prohibiting unlawful strikes under the Labour Relations Act, 1995.

Given the urgency of unlawful strike allegations, the Board scheduled an expedited hearing.

Coca-Cola Bottling Company v. CAW-Canada and Its Local 385, 2001 CanLII 21290

David A. McKee

OLRBOntario Labour Relations BoardJul 19, 2001

Board amended scheduling order to require parties to present full jurisdictional arguments at upcoming hearing.

The Ontario Labour Relations Board, on its own motion, reconsidered a portion of its July 16, 2001 decision.

The Board amended paragraph 5 to direct all parties to be prepared to call all evidence and make all arguments regarding whether the labour relations of Supply Chain Express Inc. are governed by federal or provincial law at the scheduled hearing on August 17, 2001.

The Board noted that while this might result in some premature preparation, it was preferable to losing hearing time.

Industrial Wood & Allied Workers of Canada, Local 700 v. Supply Chain Express Inc., 2001 CanLII 12564

David A. McKee

OLRBOntario Labour Relations BoardJul 17, 2001

Application for certification set down for hearing to determine applicant's trade union status.

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

The only outstanding issue was the status of the applicant as a trade union under subsections 1(1) and 126 of the Act.

The Board determined that this issue could not be resolved on the materials filed and directed the Registrar to set the matter down for a one-day hearing.

Accel Electrical Employees Association v. Accel Electrical Contractors Limited, 2001 CanLII 7452

David A. McKee

OLRBOntario Labour Relations BoardJul 17, 2001

Board orders disbursement of funds held in trust following settlement of Employment Standards Act review.

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

The workplace parties entered into Minutes of Settlement.

The Board ordered the disbursement of the funds held in trust by the Director, with $5,554.24 to the employee, $388.56 to the employer, and a $1,000 administration fee retained by the Consolidated Revenue Fund.

Service Master of Canada Limited v. John Ranieri, 2001 CanLII 18995

David A. McKee

OLRBOntario Labour Relations BoardJul 16, 2001

Board deferred document production issues pending determination of constitutional jurisdiction over the employer's labour relations.

The applicant union brought applications before the Ontario Labour Relations Board.

The responding party employer raised a preliminary objection that its labour relations were governed by federal law, specifically the Canada Labour Code.

At a procedural hearing, the Board declined to entertain submissions regarding the production of documents by a non-party until the constitutional jurisdiction issue was resolved.

The Board directed the parties to prepare submissions for the next hearing on whether the Board has the authority to determine the jurisdictional question and, if so, whether it can continue with the applications.

Industrial Wood & Allied Workers of Canada, Local 700 v. Supply Chain Express Inc., 2001 CanLII 20417

David A. McKee

OLRBOntario Labour Relations BoardJul 16, 2001

Board issues order reflecting Minutes of Settlement in Employment Standards Act review.

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 issued an order directing the disbursement of funds held in trust by the Director of Employment Standards, returning $1,356.87 to the employer and retaining a $187.20 administration fee.

Mattcon Industrial Automation Inc. v. John E. Brayton, 2001 CanLII 13662

David A. McKee