David A. McKee

OLRBOntario Labour Relations BoardJul 16, 2001

Union permitted to withdraw voter challenges in certification application; Board directs site-specific hearing for remaining disputes.

The applicant union applied for certification in the construction industry.

A dispute arose regarding the composition of the bargaining unit.

At the vote, the applicant challenged all voters, claiming none were employed in the bargaining unit on the application date.

Later, the applicant withdrew its challenges for 35 individuals.

The intervenor argued the applicant could not change its position.

The Board held that since there was no agreement, the applicant was free to abandon its position with respect to any individual.

The Board directed a hearing to determine the status of the remaining 43 challenged individuals, requiring the responding party to select specific sites for the initial evidentiary focus.

Labourers’ International Union of North America v. Giancola Aluminum Contractors Ltd., 2001 CanLII 5138

David A. McKee

OLRBOntario Labour Relations BoardJul 16, 2001

Board sets schedule for written submissions on bargaining unit description in certification application.

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

The sole remaining issue was the description of the bargaining unit, specifically whether it should cover the entire province or be limited to Board Area 3.

The applicant requested to proceed by way of written submissions due to difficulties in scheduling a hearing.

The Board set a schedule for written submissions but noted that if the parties could arrange an acceptable date, an oral hearing would be held instead.

Brick and Allied Craft Union of Canada v. Ontario Power Generation Inc., 2001 CanLII 5021

David A. McKee

Application withdrawn at the request of the applicant.

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

The Board granted the request and the application was withdrawn.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Ellis-Don Corporation, 2001 CanLII 16990

David A. McKee

Representation vote directed in construction industry certification application after employer failed to file 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 response within the stipulated time.

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent of the individuals in the proposed bargaining unit.

Consequently, the Board directed that a representation vote be taken among the eligible employees.

International Brotherhood of Electrical Workers, Local 1687 v. Chevalier Denis Electric, 2001 CanLII 14134

David A. McKee

Application for review recommenced due to responding party's failure to comply with Minutes of Settlement.

The applicant alleged that the responding party failed to comply with Minutes of Settlement regarding an application for review of an employment standards officer's decision.

The Board previously directed the responding party to respond to the allegation, but no response was received.

Consequently, the Board concluded that the responding party had not complied with the settlement and ordered the application for review to be recommenced and listed for a hearing pursuant to section 69.1(8) of the Employment Standards Act.

Zengjia Wang v. Sa Sha Wear Inc., 2001 CanLII 13598

David A. McKee

Time to file application for review extended due to innocent error in delivery address.

The applicant filed an application for review of an employment standards officer's decision under section 68 of the Employment Standards Act.

The application was delivered to the wrong address on the last day for filing and was subsequently delivered to the Board's offices a few days late.

The Board exercised its discretion to extend the time limits for filing, finding the delay was due to an innocent error and caused no prejudice to the responding parties.

1378656 Ont. Inc. v. Gabrielle Quenneville, and Ministry of Labour, 2001 CanLII 12972

David A. McKee

Application for review dismissed for late filing and failure to pay ordered amount in trust.

The applicant filed an application for review of an employment standards officer's decision beyond the 45-day time limit.

The applicant also failed to pay the amount specified in the order to the Director of Employment Standards in trust, as required by section 68(7) of the Employment Standards Act.

The Board dismissed the application.

Izzatullah Vani v. Steven Lang, and Ministry of Labour, 2001 CanLII 9618

Board revokes previous decision after parties reach a settlement.

The parties settled a grievance on the same day the Board issued a decision in the matter.

Upon learning of the settlement, the Board reconsidered and revoked its previous decision, noting that the settlement is enforceable pursuant to section 96(7) of the Labour Relations Act.

International Brotherhood of Electrical Workers, Local 586 v. Megatech Electrical Ltd., 2001 CanLII 8023

David A. McKee

Time extended for filing employment standards review application on the correct form.

The applicants sought a review of an employment standards officer's decision under the Employment Standards Act.

The original application was filed in a timely fashion but on the wrong form.

The applicants were given 10 days to file on the correct form but did so late.

The Board extended the time for filing the application to the date it was actually received and amended the style of cause to reflect the proper parties.

Videoplex Inc. v. Cacciola, 2001 CanLII 7149

David A. McKee

Application withdrawn at the request of the applicant.

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

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

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. R. P. Plastering Company, 2001 CanLII 7948

David A. McKee

Employment Standards Act review terminated following Minutes of Settlement between the workplace parties.

The applicant 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 $1,867.84 paid to the employee and the administration fee retained by the Consolidated Revenue Fund.

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

Renaissance Hair Design v. Hunjan, 2001 CanLII 5883

David A. McKee

Application withdrawn at the request of the applicant.

The applicant employees requested to withdraw their application against the responding party union.

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

Employees Essroc Italcementi Group v. Teamsters Local 91, 2001 CanLII 4820

David A. McKee

Application for review to be dismissed if applicant fails to file Breakdown of Statutory Deductions.

The applicant sought a review of an employment standards officer's decision but failed to pay the full amount ordered, attributing the unpaid portion to statutory deductions.

The applicant failed to file a Breakdown of Statutory Deductions as directed by the Registrar.

The Board ordered that if the applicant does not file the breakdown by July 25, 2001, the application will be dismissed.

1273863 Ontario Limited v. Kevin Dunklee, et al, 2001 CanLII 3738

David A. McKee

Application withdrawn at the request of the applicant.

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

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

International Brotherhood of Electrical Workers, Local 586 v. 871480 Ontario Limited c.o.b. as Kanata Electric, 2001 CanLII 2878

David A. McKee

Default judgment granted against employer for employing non-union workers in violation of collective agreement.

The applicant union 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 the responding party violated the Provincial Collective Agreement by employing non-union members and ordered it to pay $7,826.40 in damages plus $214.00 in filing fees.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Double Rainbow Stucco Systems Ltd., 2001 CanLII 2360

David A. McKee

Grievance found sufficiently particularized; hearing to proceed as scheduled.

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

The responding party requested particulars of the amounts claimed.

The Board found the grievance sufficiently particularized, noting that some matters were within the exclusive knowledge of the responding party and the applicant had attempted to serve a summons on an officer of the responding party.

The hearing was ordered to proceed as scheduled.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Peelco Construction Services Limited, 2001 CanLII 20409

David A. McKee

Applications withdrawn at the request of the applicant.

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

The Board granted the request and the applications were withdrawn.

The International Union of Painters and Allied Trades, District Council 46 v. Belcouleur, 2001 CanLII 17292

David A. McKee

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

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 Ontario Labour Relations Board ordered the disbursement of the $6,942.80 held in trust by the Director, with $5,554.24 returned to the employer, $388.56 paid to the employee, and a $1,000.00 administration fee retained by the Consolidated Revenue Fund.

Service Master of Canada Limited v. John Ranieri, 2001 CanLII 19952

David A. McKee

Board orders representation vote in construction industry certification application, rejecting employer's proposed limited bargaining unit.

The applicant trade union filed 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 be limited to the roads and sewer and water main sectors on a specific segment of Highway 417.

The Board rejected this argument, noting that the statute prescribes a specific bargaining unit for applications in the construction industry.

Finding that the applicant appeared to have the requisite membership support, the Board directed that a representation vote be taken among the employees in the appropriate bargaining unit.

Labourers’ International Union of North America, Local 527 v. Goldie Mohr Ltd., 2001 CanLII 19690

David A. McKee