D. L. Gee

OLRBOntario Labour Relations BoardAug 1, 2000

Board orders parties to attend rescheduled Labour Relations Officer meeting after applicant failed to attend.

The applicant union referred a construction industry grievance to arbitration.

The responding party requested an order for particulars after the applicant's counsel failed to attend a scheduled meeting with a Labour Relations Officer.

The Board emphasized the importance of such meetings for exchanging particulars and ordered the parties to attend a rescheduled meeting with the Officer prior to the hearing, with all relevant documents.

The responding party was granted leave to renew its request for particulars if necessary after the meeting.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Perfection Rug Co. Ltd., 2000 CanLII 13287

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardAug 1, 2000

Board directed the counting of remaining ballots after parties agreed to exclude two ineligible voters.

The Board received post-vote submissions from both the applicant union and the responding employer.

Both parties agreed that two specific ballots should not be counted, consistent with a prior Board ruling.

The Board directed the vote coordinator to appoint a Labour Relations Officer to count the remaining four ballots.

Labourers’ International Union of North America, Local 183 v. Mason Homes Limited, 2000 CanLII 13372

D. L. Gee

Employment Standards Act appeal resolved by Minutes of Settlement and funds disbursed accordingly.

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 Board ordered the funds held in trust by the Director to be disbursed according to the settlement, with $864.99 returned to the employer, nil to the employee, and $135.19 retained as an administration fee.

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

Sam’s Shell & Used Cars v. Marvin W. Ewing, 2000 CanLII 4283

G. Pickell

G. McMenemy

D. L. Gee

Board issues consent order enforcing settlement for $26,533.30 in unpaid union remittances.

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

Prior to the hearing, the parties entered into Minutes of Settlement wherein the responding employer acknowledged being bound by the provincial collective agreement and admitted to violating it by failing to pay remittances.

The Board issued a consent order incorporating the settlement terms, requiring the employer to pay $26,533.30 in outstanding contributions according to an agreed schedule.

United Brotherhood of Carpenters and Joiners of America Local 2486 v. 1074024 Ontario Inc. operating as C. Tech Specialty Systems, 2000 CanLII 11044

D. L. Gee

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 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 $5,000 without admission of liability.

As the settlement resolved all issues in dispute, the Board terminated the application pursuant to section 69.1(5) of the Act.

Maillett v. Volkswagen Canada Inc, 2000 CanLII 4676

D. L. Gee

Employment standards review application resolved by Minutes of Settlement and trust funds disbursed.

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

The workplace parties subsequently entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the disbursement of the $4,484.48 held in trust by the Director, with $2,076.80 to the employee, $2,000.00 returned to the employer, and $407.68 retained as an administration fee.

The application was deemed terminated.

Orbit Beauty & Office Furniture Inc. v. Piedad Tinajero, 2000 CanLII 9643

D. L. Gee

Employment standards review terminated following parties' settlement and order for disbursement of trust funds.

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 Board ordered the disbursement of the $750 held in trust, with $650 returned to the employer and $100 retained as an administration fee, and deemed the matter terminated subject to any request by the Ministry of Labour to relist.

Kindred Industries Limited v. Frieda Armstrong and Ministry of Labour, 2000 CanLII 2095

D. L. Gee

Application dismissed for delay as applicants waited years to challenge elimination of lead hand classification.

The applicants filed a complaint regarding the elimination of the lead hand classification, which began in August 1993 and was finalized in the April 1998 collective agreement.

The application was filed in June 1999.

The employer and union requested the matter be dismissed for delay.

The Board found that the applicants had known of the intention to eliminate lead hands for a considerable period and failed to act with dispatch.

Finding no reasonable explanation for the delay, the Board exercised its discretion under section 96 of the Act to decline to entertain the complaint and dismissed the application.

Don Hurren and Bob Johnstone v. International Association of Machinists and Aerospace Workers, 2000 CanLII 13116

D. L. Gee

Board orders disbursement of funds held in trust in accordance with parties' 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 disbursement of the funds held in trust in accordance with the settlement, with $1,371.40 paid to the employee and $422.54 returned to the employer.

Queensway Fish and Chips v. Gayle Stubert and Ministry of Labour, 2000 CanLII 8559

J. G. Knight

G. McMenemy

D. L. Gee

Application withdrawn with leave of the Board.

The applicant, Jet Composites Inc., sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

Jet Composites Inc. v. Canadian Auto Worker’s – Union Local 1090, 2000 CanLII 1272

D. L. Gee

Employment Standards Act review terminated following settlement between employer and employee.

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 Board ordered the $900 held in trust by the Director to be disbursed as $300 to the employer, $500 to the employee, and $100 retained as an administration fee.

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

Advance Beauty Supply Ltd. v. Bonny Murphy, 2000 CanLII 4269

G. Pickell

G. McMenemy

D. L. Gee

Union certification application dismissed after failing to secure more than 50% of representation vote.

The applicant union applied for certification.

Following a representation vote where not more than 50% of the ballots were cast in favour of the applicant, and with no statement of desire to make representations filed, the Ontario Labour Relations Board dismissed the application.

A one-year bar on further certification applications by the applicant for this bargaining unit was imposed.

Labourers’ International Union of North America v. Tamarack Lumber Inc., 2000 CanLII 7244

D. L. Gee

Board directed applicant to file submissions responding to motion to dismiss section 127.2 application.

The applicant filed an application under section 127.2 of the Labour Relations Act, 1995.

The responding parties requested that the matter be dismissed because the application asserts that the applicant employs an employee in the construction industry.

The Board directed the applicant to file submissions in response to the request to dismiss.

Greater Essex County District School Board v. International Union of Bricklayers and Allied Craftworkers, Local 6, 2000 CanLII 13554

G. Pickell

G. McMenemy

D. L. Gee

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application.

The Ontario Labour Relations Board granted leave to withdraw the application.

David Price v. Blaker & Sons Ltd., 2000 CanLII 7483

G. Pickell

G. McMenemy

D. L. Gee

Application withdrawn with leave of the Board.

The applicant, J.H Keeson & Sons Ltd., sought to withdraw its application.

The Ontario Labour Relations Board granted leave to withdraw the application.

J.H Keeson & Sons Ltd. v. John Newman, 2000 CanLII 7417

G. Pickell

G. McMenemy

D. L. Gee

Application withdrawn with leave of the Board.

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

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

Brick and Allied Craft Union of Canada/BACU-Canada Local 2, Toronto/Barrie, Ontario v. Day & Campbell Limited, 2000 CanLII 6751

G. Pickell

G. McMenemy

D. L. Gee

Application withdrawn with leave of the Board.

The applicant sought to withdraw her application against the responding parties.

The Ontario Labour Relations Board granted leave to withdraw the application.

Doris Calder v. Ian Martin Limited and Ministry of Labour, 2000 CanLII 613

D. L. Gee

Board directs initial hearing days in Toronto and orders inspection of original filed documents.

The applicant union filed an application for certification and a related section 96 application.

The applicant requested that the hearing be held in Ottawa and sought production of original documents and other broad document production.

The Board directed that the first two days of the hearing take place in Toronto in accordance with its current practice, allowing the venue change request to be renewed later.

The Board ordered the responding party to make original filed documents available for inspection but declined the broader document production request at this time.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 221 v. Prime Mechanical Inc., 2000 CanLII 13422

D. L. Gee