D. L. Gee

Board ordered 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 Ontario Labour Relations Board ordered the funds held in trust by the Director to be disbursed in accordance with the settlement, with $1,500 paid to the employee, $2,269.92 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

The Intelligent Computer People Inc. v. Christine Sciacca, 2001 CanLII 8730

Adjournment request denied; Board does not adjourn scheduled hearings to accommodate counsel's unavailability.

The responding party, Wildfire Grille, requested an adjournment of the scheduled hearing on the basis that its counsel was unavailable.

The Ministry of Labour consented, but the applicant's consent was not obtained.

The Ontario Labour Relations Board denied the request, noting that it does not adjourn scheduled hearings to accommodate counsel and that the straightforward matter could easily be assumed by another lawyer.

Tibor (Steve) Gocsal v. Wildfire Grille and Ministry of Labour, 2001 CanLII 19371

Application terminated following a settlement between the parties.

The applicant filed an application against the employer and the Ministry of Labour.

The Ontario Labour Relations Board terminated the application after the parties reached a settlement.

Arvind Karir v. Amphenol Canada Corp., 2001 CanLII 12854

Board directed parties to clarify if bargaining unit is in the construction industry for voter eligibility.

In an application to terminate bargaining rights, the Board previously directed a representation vote based on the assumption that the bargaining unit was in the construction industry.

The responding union indicated the unit was not covered by Construction Regulations.

The Board directed the parties to advise whether the bargaining unit is in the construction industry and, if not, whether any other individuals employed on the application date were eligible to vote.

Michael Davies v. International Brotherhood of Teamsters, Local 897, 2001 CanLII 11750

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw the application.

The Ontario Labour Relations Board granted the request and the application was withdrawn with leave of the Board.

Frank Rea v. Silma Excavating and Ministry of Labour, 2001 CanLII 12515

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw the application.

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

Jim Jensen v. J.A. Towing (Brampton) Ltd., 2001 CanLII 19424

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application against the responding party.

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

Michael Anthony Pusey v. Greco Aluminum Railings Inc., 2001 CanLII 18056

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

The applicant employer sought 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, with $1,226.38 returned to the employer and the administration fee retained by the Consolidated Revenue Fund, subject to any objection by the Ministry of Labour.

Brake Parts Canada Inc. v. David Leslie and Ministry of Labour, 2001 CanLII 15655

OLRBOntario Labour Relations BoardNov 26, 2001

Application terminated following settlement between the parties.

The applicant filed an application against the responding parties.

Having regard to the settlement reached between the parties, the Ontario Labour Relations Board terminated the application.

Lloyd Walters v. Centrac Inc. and Ministry of Labour, 2001 CanLII 14780

Application terminated following settlement between the parties.

The applicant filed an application regarding an Employment Standards matter.

The parties reached a settlement, and the Ontario Labour Relations Board terminated the application accordingly.

Roger Price v. The Township of Greater Madawaska and Ministry of Labour, 2001 CanLII 11489

OLRBOntario Labour Relations BoardNov 26, 2001

Application terminated following a settlement between the parties.

The applicant filed an application against Advanced Processing Inc. and the Ministry of Labour.

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

John Roberts v. Advanced Processing Inc, 2001 CanLII 10728

OLRBOntario Labour Relations BoardNov 22, 2001

Application adjourned sine die on consent of the parties.

The applicant union filed an application against the responding party employer.

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

Universal Workers Union, L.I.U.N.A. Local 183 v. Vanbots Construction Corporation, 2001 CanLII 12838

OLRBOntario Labour Relations BoardNov 20, 2001

Matter referred to hearing due to alleged non-compliance with settlement terms.

The applicant asserted that the responding party failed to comply with the terms of a settlement entered into in July 2001.

Pursuant to section 69.1 of the Employment Standards Act, the Board referred the matter to the Registrar to be scheduled for a hearing.

Brian Bowles v. Director Distributing Association Ltd., 2001 CanLII 14918

OLRBOntario Labour Relations BoardNov 20, 2001

Board found project did not fall within ICI sector and dismissed one of the applications.

The applicants filed applications regarding bargaining rights.

The Board determined that the project where the applicant was employed on the date of application did not fall within the industrial, commercial and institutional (ICI) sector of the construction industry.

Consequently, there was no one at work in the ICI sector on the date of application.

One application was dismissed, and the applicant was directed to advise if any issues remained in the other application before counting the ballots.

Ribeiro v. Labourers’ International Union of North America, 2001 CanLII 14656

Board orders second representation vote and permits withdrawal of unfair labour practice complaint following settlement.

The applicant union and responding employer entered into Minutes of Settlement regarding an unfair labour practice complaint and a certification application.

The Ontario Labour Relations Board granted leave to withdraw the unfair labour practice complaint and directed that a second representation vote be held for the proposed bargaining unit of carpenters and carpenters' apprentices in the specified geographic areas.

United Brotherhood of Carpenters and Joiners of America, Local 397 v. Peaks General Contractors Inc., 2001 CanLII 10916

Hearing adjourned due to ongoing settlement discussions; default judgment request deferred.

The applicant requested a default judgment due to the responding party's failure to file a Request for Hearing and Notice of Intent to Defend.

However, noting that settlement discussions were ongoing, the Board adjourned the scheduled hearing and deferred consideration of the default judgment request.

Carpenters District Council of Ontario v. Cupido Construction (1989) Ltd., 2001 CanLII 12519

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

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots cast by employees in the bargaining unit were in favour of the applicant.

As no statement of desire to make representations was filed, the Ontario Labour Relations Board dismissed the application for certification and directed the union to advise whether its related unfair labour practice complaint was withdrawn.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Con Lawn Construction & Landscaping Inc., 2001 CanLII 17293