D. L. Gee

OLRBOntario Labour Relations BoardMay 16, 2000

Application for review terminated as it cannot be used to enforce an order to pay.

The applicant filed an Application for Review under the Employment Standards Act, complaining that he had not received the money ordered by an Employment Standards Officer.

The Board revoked a previously granted extension and terminated the application, noting that an Application for Review is only for challenging an officer's decision, not for enforcing payment.

The applicant was directed to contact the Provincial Specialist regarding nonpayment.

Ahmet Demir v. O & Y Enterprise and Ministry of Labour, 2000 CanLII 11866

D. L. Gee

OLRBOntario Labour Relations BoardMay 16, 2000

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

The applicants and responding parties 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 matter will be deemed terminated if no party requests to proceed.

Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftsmen v. Dineen Construction Limited, 2000 CanLII 4946

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardMay 11, 2000

Application adjourned sine die on consent of the parties.

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

The Board consented to the adjournment for a period not exceeding one year, after which the matter would be deemed terminated if neither party requested to proceed.

Labourers’ International Union of North America, Local 1059 v. Traugott Construction (Kitchener) Limited, 2000 CanLII 8697

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardMay 11, 2000

Application adjourned sine die on consent of the parties.

The applicant union filed an application 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, after which it will be deemed terminated if no request to proceed is made.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. BFC Industrial – Nicholls Radtke, 2000 CanLII 7038

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardMay 11, 2000

Application dismissed after representation vote failed to achieve majority support.

The applicant union filed an application before the Ontario Labour Relations Board.

Following a representation vote, not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party.

As no statement of desire to make representations was filed, the Board dismissed the application and ordered the destruction of the ballots after 30 days.

International Union of Operating Engineers, Local 793 v. Powerline Plus (a Division of Advance Utilities Constructors Inc.), 2000 CanLII 7969

D. L. Gee

Application withdrawn with leave of the Board.

The applicant sought to withdraw her application.

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

Heather Davis v. Jerry & Shirley Verdoold and Ministry of Labour, 2000 CanLII 9310

J. Knight

G. McMenemy

D. L. Gee

Matters terminated based on Minutes of Settlement.

The applicant brought matters before the Ontario Labour Relations Board.

Having regard to Minutes of Settlement dated May 2, 2000, the Board ordered the matters terminated.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Bruce S. Evans Limited, 2000 CanLII 6806

D. L. Gee

Employment Standards Act appeal resolved by settlement with funds disbursed to employee and employer.

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 $500 paid to the employee, $178.76 returned to the employer, and the $100 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.

1068517 Ontario Limited o/a CMM Environmental Services v. Mr. Ludvik Filo and Ministry of Labour, 2000 CanLII 2425

J. Knight

G. McMenemy

D. L. Gee

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

The International Union of Painters and Allied Trades, Local 1891 v. Chem-Thane Engineering Inc., 2000 CanLII 4807

D. L. Gee

Application for review withdrawn following settlement; funds held in trust released to applicant.

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

The parties reached a settlement wherein the applicant agreed to pay $7,500 directly to the responding employee, and the applicant withdrew its application for review.

The Board directed the Director to release the $9,281.74 held in trust back to the applicant, subject to any request for a hearing by the Ministry of Labour.

H. Paulin & Co. Limited v. Dusan Poupa and Ministry of Labour, 2000 CanLII 12430

D. L. Gee

Board issues consent order disbursing funds held in trust pursuant to Minutes of Settlement.

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 issued an order directing the disbursement of funds held in trust by the Director, with $247.52 to be paid to the employee and the $100 administration fee retained by the Consolidated Revenue Fund.

The Ministry of Labour was given ten days to request a hearing if necessary, failing which the matter would be deemed terminated.

Forest Hill Montessori School v. Rachel Day and Ministry of Labour, 2000 CanLII 6905

D. L. Gee

Leave granted to withdraw one of two applications before the Board.

The applicant requested to withdraw Board File No. 0229-00-HS.

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

Board File No. 0228-00-HS will proceed in the usual course.

FirstOntario Credit Union Ltd. v. Office and Professional Employees’ International Union, 2000 CanLII 12673

J. Knight

G. McMenemy

D. L. Gee

Representation vote directed in construction industry application for certification.

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

The Board found that the applicant is an affiliated bargaining agent and that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union.

The Board determined the appropriate bargaining unit and directed that a representation vote be taken among the eligible employees.

Sheet Metal Workers’ International Association, Local Union No. 47 v. Airgo Mechanical Inc., 2000 CanLII 10046

D. L. Gee

Board ordered disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

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 Ontario Labour Relations Board ordered the Director in trust to disburse the held funds in accordance with the settlement, paying $1,000 to the employee, returning $284 to the employer, and retaining the $128.40 administration fee.

Dr. Z. Marciniak v. Rebecca Amell and Ministry of Labour, 2000 CanLII 1424

D. L. Gee

Application terminated following settlement between the parties.

The applicants filed an application against Solidwear Enterprise Ltd. and the Ministry of Labour.

The parties executed a settlement, and the Ontario Labour Relations Board consequently terminated the application.

Le Huang and Min Shing Wong v. Solidwear Enterprise Ltd. and Ministry of Labour, 2000 CanLII 5363

D. L. Gee

Board declined request to extend time to pay monies into trust for employment standards review application.

The applicant filed an application for review of an order to pay under the Employment Standards Act but failed to pay the required monies into trust.

The applicant requested an extension of time to pay the funds into trust.

The Ontario Labour Relations Board held that an application for review is not properly made unless the monies are paid into trust, and the Board's discretion to extend the time for applying for a review does not include the power to extend the time for paying monies into trust.

The Board declined to deal with the request for an extension.

Upland Global Corporation v. Margaret Gaye Campbell et al, 2000 CanLII 9969

J. Knight

G. McMenemy

D. L. Gee

Responding parties ordered to produce documents to the applicant by a specified date.

The applicant requested document production from the responding parties.

The Board directed both responding parties to produce the documents in their possession to the applicant's counsel by June 1, 2000, with leave for the applicant to renew its request for further documents by June 12, 2000.

Lake Ontario District Council, United Brotherhood of Carpenters and Joiners of America v. Marduk Associates Inc., 2000 CanLII 13208

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardMay 3, 2000

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

The applicant union and responding employer 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 matter will be deemed terminated if neither party requests to proceed.

International Union of Bricklayers and Allied Craftsworkers, Local 7 v. Presto Construction Inc., 2000 CanLII 4894

D. L. Gee