D. L. Gee

OLRBOntario Labour Relations BoardJul 14, 2000

Board declares responding parties a single employer and liable for collective agreement violations after failing to respond.

The applicant union filed a related employer application and referred a grievance to arbitration against the responding parties.

The responding parties failed to file a response or a notice of intent to defend.

The Board deemed the facts in the applications to be true and found that the responding parties were under common direction and control, performed work falling within the scope of the collective agreement, and failed to apply its terms.

The Board declared the responding parties to be a single employer bound by the collective agreement, found them liable for violations at specific projects, and referred the matter of damages to a hearing.

International Union of Painters and Allied Trades, Glaziers’ Local 1819 v. MallFronts International Inc., 2000 CanLII 12302

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

The applicant union and responding employers agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application would be deemed terminated if no party requested to proceed.

International Brotherhood of Electrical Workers, Local 586 v. Duraline Power Systems Ltd., 2000 CanLII 4365

Ursula Boylan

8 cases1995–2000

Leonard Feldt

2 cases2000–2000

Larry Venning

5 cases1993–2000

Jeffrey D.A. Murray

1 case2000–2000

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 14, 2000

Motion to bar second certification application dismissed as union's prior withdrawal was not an abuse of process.

The responding party employer brought a motion to bar the applicant union from bringing a second certification application.

The union had withdrawn its first application shortly before a scheduled representation vote due to a defective A-74 form, which the employer argued caused unnecessary trouble, expense, and lost production time.

The Board dismissed the motion, noting its long-standing practice of permitting a union to withdraw an application prior to a vote without a bar unless a manifest abuse of process is demonstrated.

The Board found the union's error was inadvertent and a single error did not warrant imposing a bar.

International Brotherhood of Electrical Workers, Local Union 353 v. 1206468 Ontario Ltd. c.o.b. as Quadracon, 2000 CanLII 12019

Richard Blair

29 cases1987–2018

Pauline Lefebvre Hinton

5 cases1991–2000

Nini Jones

20 cases2000–2025

Melissa Kronick

19 cases1994–2014

Karen Stone

1 case2000–2000

Karen Sandercock

3 cases1992–2000

Frank A. Angeletti

10 cases1993–2016

Brett Mason

1 case2000–2000

Anthony F. Dale

20 cases2000–2022

D. L. Gee

OLRBOntario Labour Relations BoardJul 14, 2000

Board determines appropriate bargaining units following hospital restructuring under the Public Sector Labour Relations Transition Act.

The applicant union applied under the Public Sector Labour Relations Transition Act, 1997 to determine the appropriate number and description of bargaining units following a hospital restructuring.

The Board denied an adjournment request by the SEIU and denied standing to OPSEU.

The Board determined that there should be one service unit, inclusive of registered practical nurses and stationary engineers, extending to all three of the employer's sites.

The Board also determined that the technical unit should extend to all three sites rather than being limited to one.

Canadian Health Care Workers v. St. Joseph’s Health Services Association of London Incorporated, 2000 CanLII 12032

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 13, 2000

Application withdrawn with leave of the Board.

The applicant, Clemmer Technologies Inc., sought to withdraw its application against the United Steelworkers of America, Local 3534-01 and the Ministry of Labour.

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

Clemmer Technologies Inc. v. United Steelworkers of America, Local 3534-01, 2000 CanLII 1476

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 13, 2000

Application withdrawn with leave of the Board.

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

The Board granted leave and the application was withdrawn.

Labourers’ International Union of North America, Local 506 v. Teperman and Sons (Canada) Limited, 2000 CanLII 4663

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 13, 2000

Application withdrawn with leave of the Board.

The applicant requested to withdraw the application.

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

Mr. David K. Chew v. Saroja Hendavitharana and Ministry of Labour, 2000 CanLII 8002

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 12, 2000

Application for certification dismissed after union failed to win majority in representation vote.

The applicant union applied for certification.

A representation vote was held, and not more than fifty per cent of the ballots were cast in favour of the applicant.

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further applications for certification by the applicant for the same bargaining unit.

Universal Workers Union, Labourers' International Union of North America, Local 183 v. Scarborough Supply, A Division of Scarborough Construction Company Limited, 2000 CanLII 8269

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 11, 2000

Union's application withdrawn by leave of the Board.

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

The Board granted leave to withdraw the application and directed the responding employer to post the decision in conspicuous locations to notify affected employees.

International Union of Operating Engineers, Local 793 v. Towland-Hewitson Construction Limited, 2000 CanLII 11940

D. L. Gee

OLRBOntario Labour Relations BoardJul 11, 2000

Application terminated pursuant to prior Board decision.

The Ontario Labour Relations Board terminated the application pursuant to paragraph 6 of its previous decision dated May 30, 2000.

Susan Sugg v. Canadian Union of Public Employees Local 1764, 2000 CanLII 3610

D. L. Gee

OLRBOntario Labour Relations BoardJul 10, 2000

Board issues procedural directions for processing a construction industry sector dispute application.

The applicant union referred a grievance to arbitration, seeking a declaration that the work in issue was within the ICI sector of the construction industry.

The responding employer and the intervenor union asserted the work was in the residential sector.

The parties agreed to adjourn the grievance to permit a sector determination under section 166 of the Labour Relations Act.

The Board issued procedural directions for the parties to compile a list of affected parties, file pleadings, and exchange documents for the sector dispute application.

International Union of Painters and Allied Trades, Local 1590 v. Bradscot (MCL) Ltd., 2000 CanLII 11949

J. G. Knight

G. McMenemy

D. L. Gee

Representation vote ordered in displacement application for certification in the construction industry.

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

The Board found that the application was timely and that the applicant had the requisite membership support.

The responding party's request to seal the ballot box under section 8.1 of the Act was denied.

The Board directed that a representation vote be taken among the eligible employees in the proposed bargaining unit.

Labourers’ International Union of North America v. Penegal Trim & Supply Ltd., 2000 CanLII 9613

D. L. Gee

Board lacks jurisdiction to extend time for ESA review application until properly filed and monies paid.

The applicant attempted to file an application for review of an Employment Standards Act order by facsimile, which was rejected as contrary to the Board's Rules of Procedure.

The applicant then sought an extension of time to file.

The Board found it had no jurisdiction under section 68 of the Act to grant an extension because an application had not been properly filed and the monies set out in the order to pay had not been paid.

Canadian Tire Corporation Limited v. Avery Freemantle and Ministry of Labour, 2000 CanLII 13503

J. G. Knight

G. McMenemy

D. L. Gee

Default judgment granted against employer for unpaid collective agreement contributions and costs.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer failed to pay outstanding account receivables as required by the applicable collective agreements.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend within the required time.

Consequently, the Board deemed the responding party to have accepted all facts stated in the application.

The Board found the responding party bound by the collective agreements, declared it had violated them, and ordered it to pay $9,904.97 in damages and $664.00 in costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall Concord Ltd., 2000 CanLII 8395

J. G. Knight

G. McMenemy

D. L. Gee

Representation vote ordered in timely displacement certification application; request to seal ballot box denied.

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

The Board found that the application was timely and that the applicant had the requisite membership support.

The responding party's request to seal the ballot box under section 8.1 of the Act was denied.

The Board directed that a representation vote be taken among the eligible employees in the proposed bargaining unit.

Labourers’ International Union of North America v. Tamarac Lumber Inc., 2000 CanLII 9774

J. G. Knight

G. McMenemy

D. L. Gee

Board directs representation vote in displacement application for certification, finding application timely and declining to seal ballot box.

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

The responding party argued the application was untimely as it was received on July 1, 2000, and requested the ballot box be sealed under section 8.1 of the Act.

The Board found the application timely as it was filed on June 30, 2000, before the expiry of the intervenor's collective agreement.

Relying on previous jurisprudence, the Board declined to seal the ballot box and directed a representation vote for the proposed bargaining unit of carpenters and carpenters' apprentices.

Labourers’ International Union of North America v. Marciano Doors & Trim Co. Ltd., 2000 CanLII 6711

J. G. Knight

G. McMenemy

D. L. Gee

Default judgment granted against employer for unpaid collective agreement contributions and costs.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to pay outstanding account receivables and contributions under the provincial collective agreement.

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 responding party was deemed to have accepted all facts stated in the application.

The Board declared the responding party bound by the collective agreement, found it had violated the agreement, and ordered it to pay $4,343.75 in damages and $664.00 in costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. 1333975 Ontario Inc. c.o.b. as Niveau Construction, 2000 CanLII 10563

J. G. Knight

G. McMenemy

D. L. Gee

Employer ordered to pay $5,813 in unpaid contributions and costs after failing to file response.

The responding party failed to pay the required fee to file its response form.

Consequently, pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the responding party bound by the collective agreement, declared it had violated the agreement, and ordered it to pay $5,813.03 in damages and $664.00 in costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. City Accoustics Limited, 2000 CanLII 8848

J. G. Knight

G. McMenemy

D. L. Gee

Board grants default judgment in construction grievance, ordering responding party to pay unpaid contributions and costs.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding party failed to pay outstanding account receivables.

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 responding party was deemed to have accepted all facts stated in the application.

The Board declared the responding party bound by the collective agreement, found it in violation, and ordered it to pay $3,561.71 in damages and $214.00 in costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investors and Builders Ltd., 2000 CanLII 9716

J. G. Knight

G. McMenemy

D. L. Gee