D. L. Gee

OLRBOntario Labour Relations BoardAug 25, 2000

Board schedules hearing for second request for reconsideration of related employer and sale of business declarations.

The applicant union previously obtained a declaration that a sale of business occurred between Volta and Urban, and that they are one employer under the Labour Relations Act.

Urban filed a second request for reconsideration of that decision.

The Chair of the Board assigned the request to Vice-Chair D.L. Gee, who was already hearing related grievances.

The Board scheduled the reconsideration request for a hearing on September 12, 2000.

The International Brotherhood of Electrical Workers, Local 353 v. Volta Electrical Contractors Ltd., 2000 CanLII 12998

J. G. Knight

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardAug 25, 2000

Employer ordered to pay damages and costs for failing to employ union members in default hearing.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, alleging the responding party failed to employ union members on a construction project.

The responding party failed to attend the hearing.

The Board found the responding party bound by the collective agreement and ordered it to pay $8,349.60 in damages for 280 hours of lost work, plus $747.00 in costs.

Labourers’ International Union of North America, Local 837 v. Con-Ker Construction, 2000 CanLII 12723

J. G. Knight

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardAug 25, 2000

Matter adjourned on consent of the parties.

The Ontario Labour Relations Board adjourned the matter to September 13, 2000, based on the agreement of the parties.

International Union of Painters and Allied Trades, Local 1819 v. Mallfronts International Inc., 2000 CanLII 8312

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardAug 24, 2000

Application withdrawn with leave of the Board.

The applicants, International Union of Elevator Constructors Local 90 and Roger Hennings, sought to withdraw their application against Otis Canada Inc. The Ontario Labour Relations Board granted leave to withdraw the application.

International Union of Elevator Constructors Local 90 v. Otis Canada Inc., 2000 CanLII 2098

M. Klein

6 cases2000–2025

D. L. Gee

OLRBOntario Labour Relations BoardAug 24, 2000

Director's appeal of Order to Pay dismissed following failure to attend and bankruptcy stay.

The applicant, a corporate director, appealed an Order to Pay issued against him.

He failed to attend the scheduled hearing.

At the hearing, counsel for the Ministry of Labour advised the Board that the applicant was an undischarged bankrupt, meaning the order was stayed under the Bankruptcy and Insolvency Act.

Consequently, the Board dismissed the application.

Bernard J. Kamin v. Ministry of Labour, 2000 CanLII 12944

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardAug 24, 2000

Application adjourned sine die on consent of the parties for up to one year.

The applicant union filed a grievance against the responding party employer.

On consent of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

Carpenters & Allied Workers Local 27 v. PCL Constructors Canada Inc., 2000 CanLII 6375

William E. Mathers

1 case2000–2000

Alicia Gordon-Fagan

20 cases1999–2019

D. L. Gee

OLRBOntario Labour Relations BoardAug 21, 2000

Application to hold former directors liable as defacto directors for an Order to Pay dismissed.

The applicant, the sole director of a company, sought a review of an Order to Pay, arguing that two former directors who sold him the business remained 'defacto directors' and should be jointly and severally liable for the order, as well as exempt from Employment Standards Act entitlements.

The Ontario Labour Relations Board dismissed the application, finding that the evidence did not support the claim that the former directors continued to act as directors after their resignation and the sale of the business.

The Order to Pay was affirmed.

Ernest Anderson v. Glen Hillier et al, 2000 CanLII 11874

D. L. Gee

OLRBOntario Labour Relations BoardAug 18, 2000

Application for review dismissed due to the applicant's failure to attend the hearing.

The applicant sought a review of an Employment Standards Officer's refusal to issue an Order to Pay.

The applicant failed to attend the scheduled hearing despite receiving notice.

Consequently, the Ontario Labour Relations Board dismissed the application.

Julien A Boutin v. Fonthill Lumber Ltd., 2000 CanLII 11781

D. L. Gee

OLRBOntario Labour Relations BoardAug 17, 2000

Application withdrawn with leave of the Board.

The applicant sought to withdraw her application against the John Howard Society of Peel and the Ministry of Labour.

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

Leonilda Bastone v. John Howard Society of Peel and Ministry of Labour, 2000 CanLII 4289

D. L. Gee

OLRBOntario Labour Relations BoardAug 17, 2000

Extension of time granted for an application for review filed one day late.

The applicant filed an application for review of an Employment Standards decision one day beyond the 45-day time limit.

The Ontario Labour Relations Board exercised its discretion to grant an extension of time, rendering the application timely.

Bruce N. Coursolle v. Elgin and Wintergarden Theatre Centre, 2000 CanLII 11811

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardAug 16, 2000

Application adjourned sine die on consent of the parties.

The applicant filed an application against the responding party union.

On the agreement of the parties, the Ontario Labour Relations Board consented to adjourn 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.

Denzil D’Souza v. Office and Professional Employees International Union, Local 491, 2000 CanLII 2560

D. L. Gee

OLRBOntario Labour Relations BoardAug 16, 2000

Applicant directed to plead any additional material facts regarding employment of union members.

The applicant filed submissions asserting it did not employ any members of the responding party in the construction industry on the date of application.

The responding parties challenged the sufficiency of the applicant's pleadings.

The Board directed the applicant to plead any additional material facts it relies upon by August 31, 2000, in accordance with Rule 26 of the Board's Rules of Procedure.

Greater Essex County District School Board v. International Union of Bricklayers and Allied Craftworkers, Local 6, 2000 CanLII 12952

D. L. Gee

OLRBOntario Labour Relations BoardAug 15, 2000

Representation vote ordered for agreed bargaining unit of lay employees at St. Joseph's Health Care.

The applicant union applied for certification to represent employees at St. Joseph's Health Care London.

The parties agreed on a bargaining unit description for lay employees at the Grosvenor, Mount Hope, and Parkwood sites.

The Ontario Labour Relations Board ordered a representation vote to be held on August 31, 2000.

The Board also clarified that the Technical Unit is appropriately a full-time unit excluding part-time employees.

Canadian Health Care Workers v. St. Joseph’s Health Services Association of London Incorporated, 2000 CanLII 11889

D. L. Gee

OLRBOntario Labour Relations BoardAug 15, 2000

Board orders representation vote and finalizes bargaining unit description for hospital lay employees.

The parties agreed to a bargaining unit description for lay employees at St. Joseph's Health Care London.

The Board ordered a representation vote to be held on August 31, 2000, with run-off votes scheduled if necessary.

The Board also clarified that the Technical Unit is appropriately a full-time unit excluding part-time employees.

Canadian Health Care Workers v. St. Joseph’s Health Services Association of London Incorporated, 2000 CanLII 11890

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardAug 14, 2000

Board directs applicant to respond to request for reconsideration based on missed hearing due to traffic.

The responding party requested reconsideration of a previous Board decision, asserting that its principal missed the hearing due to heavy traffic.

The Board indicated its inclination to revoke the previous decision and relist the matters for hearing, and directed the applicant to advise the Board of its position on the request.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Simplex Drywall Limited, 2000 CanLII 12731

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardAug 14, 2000

Grievance referral adjourned sine die on consent of the parties.

The applicant union referred a grievance to the Ontario Labour Relations Board.

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it would be deemed terminated if no request to proceed was made.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Metal Tech Systems Inc., 2000 CanLII 9146

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardAug 14, 2000

Request to consolidate two distinct employment standards applications against the same employer denied.

The Ministry of Labour requested that two separate employment standards applications against the same employer be heard together.

The Board denied the request, finding that the issues in dispute—one concerning a prorated bonus payment upon resignation and the other concerning a severance pay exclusion under section 58(6)(e) of the Employment Standards Act—were quite distinct and provided no basis for consolidation.

Boutin v. Fonthill Lumber Ltd., 2000 CanLII 11780

D. L. Gee

OLRBOntario Labour Relations BoardAug 10, 2000

Application for review terminated following parties' execution of Minutes of Settlement.

The applicant sought a review of a refusal to issue an order to pay under section 68 of the Employment Standards Act.

The parties subsequently entered into Minutes of Settlement with the assistance of a Labour Relations Officer, agreeing to a payment of $2,250.00 to resolve all issues.

Pursuant to section 69.1(5) of the Act, the Board terminated the application.

Marc Desbrée v. Le Groupe Climec Inc., 2000 CanLII 1293

D. L. Gee