D. L. Gee

OLRBOntario Labour Relations BoardNov 29, 2001

Hearing adjourned on consent due to inability to contact the responding party.

The applicant requested an adjournment of the scheduled hearing because efforts to contact the responding party, Terry Richards, were unsuccessful.

The Ministry of Labour consented to the adjournment.

The Board granted the request and adjourned the hearing to a date to be set by the Registrar.

Central Auto (Sudbury) Ltd. o/a Simcoe County Chrysler v. Terry Richards and Ministry of Labour, 2001 CanLII 15016

Challenged voter ruled ineligible due to missing submissions; counting of remaining ballot deferred.

The applicant union applied for certification in the construction industry.

Two ballots were cast in a representation vote and sealed.

The applicant challenged the eligibility of one voter and also challenged the conduct of the vote, requesting a second vote.

The responding party employer failed to file any submissions regarding the voter's eligibility or the vote's conduct.

The Board determined, based on the applicant's uncontested submissions, that the challenged voter was not eligible to vote.

However, the Board declined to count the sole remaining ballot until the applicant clarified whether it was withdrawing its challenge to the conduct of the vote.

Drywall, Acoustic, Lathing and Insulation Local 675 of the United Brotherhood of Carpenters and Joiners of America v. DTR Drywall T-Bar Restoration Ltd., 2001 CanLII 13392

D. L. Gee

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

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

D. L. Gee

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

D. L. Gee

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

J. G. Knight

G. McMenemy

D. L. Gee

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

D. L. Gee

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

D. L. Gee

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

D. L. Gee

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

D. L. Gee

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

D. L. Gee

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

D. L. Gee

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

J. G. Knight

G. McMenemy

OLRBUnanimous (Wrote the reasons)0 cases1994–2001

D. L. Gee

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

D. L. Gee

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

D. L. Gee

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

J. G. Knight

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.

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

D. L. Gee

Style of cause amended and hearing adjourned on request of the applicant.

The applicant requested an amendment to the style of cause to delete Electrical Power Systems Construction Association as a responding party and add it as an affected employers' organization.

The applicant also requested to delete Local 666 and add Local 67 of the United Association of Journeymen and Apprentices in the Plumbing and Pipe Fitting Industry.

The Board granted the amendments and adjourned the hearing scheduled for November 15, 2001, to a date to be set in consultation with the parties.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Babcock & Wilcox Canada Ltd., 2001 CanLII 19378

D. L. Gee

Employment standards application terminated following settlement between the parties.

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

Having regard to a settlement reached between the parties, the Board ordered the application terminated.

Anna Cohen v. Rosebank Wholesale Lumber Ltd., 2001 CanLII 17051

D. L. Gee

Employment and Labour Law

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

The applicant requested to withdraw their application against Knob Hill Farms Ltd./Sevendon Holdings and the Ministry of Labour.

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

John Koutsogeorgopoulos v. Knob Hill Farms Ltd./Sevendon Holdings, 2001 CanLII 16753

agent for John Deruiter's counsel for the purposes of the adjournment and change of venue requests only

Martin RosenbaumAgent
1 appearance

assisting the Applicant

Rohanna SegreeAgent
1 appearance

for Acura and Reptac

E. ParetteAgent
1 appearance

for a group of employees

Mr. AbbassAgent
1 appearance

for Black et al

Andrea BowkerCounsel
1 appearance

for Bothwell-Accurate Co. Ltd.

Ralph JamniesonAgent
1 appearance

for Buttcon Limited

Michael ButtAgent
1 appearance
Brian FooteAgent
1 appearance
Bruce BinningCounsel
1 appearance

for Canadian Union of Public Employees

Gerry PattersonUnion representative
1 appearance
Risa PancerUnion representative
1 appearance
Bill CraigUnion representative
1 appearance

for Carpenters and Allied Workers, Local 27

Ucal PowellCounsel
1 appearance
David McKeeCounsel
1 appearance

for Christian Labour Association of Canada, Construction Workers Local 52

Ron RupkeUnion representative
1 appearance
Derek SchreiberUnion representative
1 appearance
Rob JuhaszUnion representative
1 appearance

for Cresmark Construction Limited

G. DimitriouCounsel
1 appearance
Nick MaidaAgent
1 appearance

for Dean-Chandler Roofing Limited

Bob GoodaleAgent
1 appearance

for Devgroup Limited

Scott BorlandAgent
1 appearance

for Doug Chalmers Construction Limited

Richard DrmajCounsel
1 appearance
Doug ChalmersAgent
1 appearance

for Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America

Cesar RodriguesCounsel
1 appearance

for Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America; and for Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America

Mike McCrearyCounsel
1 appearance

for Dufferin Construction Co.

Jake SudacCounsel
1 appearance
Joseph LibermanCounsel
1 appearance

for Eastern Construction Limited

Rod PetrieCounsel
1 appearance
Erin KuzzCounsel
1 appearance

for Ellis-Don Limited

Roy FilionCounsel
1 appearance
Paul RicherCounsel
1 appearance
Daryn JeifriesCounsel
1 appearance

for E.S. Fox Limited

M. RodrigueAgent
1 appearance
W.J. McNaughtonCounsel
1 appearance
H. MironAgent
1 appearance
D. PendleburyAgent
1 appearance

for Greater Toronto Sewer and Watermain Contractors Association

Sam MorraCounsel
2 appearances
Richard J. CharneyCounsel
2 appearances

for Harrison Glass & Mirror Co. Limited, Stephen Duck c.o.b. as County Glass & Door Services, Stephen Duck operating as Pro Glazing Services and/or as Pro-Glass Services

Stephen DuckSelf-represented
1 appearance
Jeffrey J. DuckAgent
1 appearance

for Heavy Construction Association of Toronto

Manny FinesCounsel
1 appearance
D. J. ShieldsCounsel
1 appearance

for Hull Ollivierrie, Chester Joseph, Gerard Dupuis and the Operative Plasterers', Cement Masons' and Restoration Steeplejacks' International Association of the United States and Canada, Local 598

David W T MathesonCounsel
1 appearance
Livio BalanzinCounsel
1 appearance

for International Brotherhood of Electrical Workers, Local 1788

David McKeeCounsel
1 appearance
Al DiggonCounsel
1 appearance

for International Union of Bricklayers & Allied Craftworkers, Local 10

A. LeducCounsel
1 appearance

for International Union of Bricklayers and Allied Craftworkers, Local 2

D. ButtazzoniCounsel
1 appearance

for International Union of Bricklayers and Allied Craftworkers, Local 2, Local 10, and the Ontario Provincial Conference

L. A. RichmondCounsel
1 appearance

for International Union of Operating Engineers Local 772

Peter YemenUnion representative
1 appearance
Greg HoathUnion representative
1 appearance

for International Union of Operating Engineers, Local 793

S.B.D. WahlCounsel
1 appearance
Richard KerrUnion representative
1 appearance
Gary CarolineCounsel
1 appearance
Ben BarnesCounsel
1 appearance

for International Union of Painters and Allied Trades, Local 1819, Glaziers

Elizabeth MitchellCounsel
1 appearance
Dermot LynchUnion representative
1 appearance

for Joe Franze Concrete Ltd.

Joe FranzeAgent
1 appearance

for Katharine Renison

Lawrence PickCounsel
1 appearance

for Krestmark Development Corporation

Gene MaidaAgent
1 appearance

for Labourers' International Union of North America, Local 1059

John MoszynskiCounsel
1 appearance
Jim McKinnonCounsel
1 appearance

for Labourers' International Union of North America, Local 183

A. M. MinskyCounsel
1 appearance
Roger QuinnCounsel
1 appearance

for Labourers’ International Union of North America, Local 183

Mark LewisCounsel
1 appearance
Jack OlivieraCounsel
1 appearance
Roger J. QuinnCounsel
1 appearance

for Labourers' International Union of North America, Local 527

Gerry MullenUnion representative
1 appearance
Daniel RandazzoCounsel
1 appearance

for Labourers' International Union of North America, Local 837

A. M. MinskyCounsel
1 appearance
Manual BastosCounsel
1 appearance

for Labourers' Local 1036 and Bill Suppa

Andrea BowkerCounsel
1 appearance

for Lisa Allen

Joyce WeinmanCounsel
1 appearance

for Local 2486

Tom CardinalUnion representative
1 appearance

for Marble Tile & Terrazzo Union, Local 31

Ron AnthonyUnion representative
1 appearance

for Marel Contractors Ltd., Nelmar Drywall Company Ltd., Tabrco Management Ltd. and 4 Star Drywall Ltd.

Hugh LairdCounsel
1 appearance
Erin KuzzCounsel
1 appearance

for Metropolitan Toronto Apartment Builders Association and Toronto Residential Construction Labour Bureau

Richard LyallCounsel
1 appearance
Joseph LibermanCounsel
1 appearance

for National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada)

Ken BrownUnion representative
1 appearance
Anthony F. DaleCounsel
1 appearance

for Ontario Concrete & Drain Contractors Association

Pino CelsiCounsel
1 appearance

for Ontario Formwork Association

Ernesto ArduiniCounsel
1 appearance

for Ontario Hydro and EPSCA

Scott T. WilliamsCounsel
1 appearance
Neil DonnellyAgent
1 appearance
Don HowatAgent
1 appearance
Finn RimmierAgent
1 appearance

for Ontario Nurses’ Association

Karen SandercockCounsel
1 appearance
Pauline LeFebvre-HintonCounsel
1 appearance

for Ontario Public Service Employees Union

Richard BlairCounsel
1 appearance
Connie HuziakUnion representative
1 appearance
Dave ErskineUnion representative
1 appearance

for PCL Construction Limited, PCL Civil Constructors (Canada) Inc., PCL Constructors Inc., PCL Constructors Eastern Inc., PCL/McCarthy, a Joint Venture

Bruce BinningCounsel
1 appearance

for P.E.G. Interiors Inc.

David CowlingCounsel
1 appearance
David DeFrancescoCounsel
1 appearance
Peggy RizosAgent
1 appearance

for Phoenix Restoration, A Division of Phoenix Gunite Services Limited

Walter ThorntonCounsel
1 appearance
Vince BranniganCounsel
1 appearance

for Power Workers' Union

Mark BeaudetteAgent
1 appearance
Willie CampbellAgent
1 appearance
Chris DassiosCounsel
1 appearance
Steve ReidAgent
1 appearance

for Residential Framing Association

Carlo D'AmbrosioCounsel
1 appearance

for Responding Party

M.L. ChartierAgent
1 appearance

for R.W.Tomlinson Limited, Tarcon Ltd. and Beaver Road Builders Ltd.

Michael S. RuddyCounsel
1 appearance
Bill TomlinsonAgent
1 appearance

for Ryco Alberici

Tom TaylorCounsel
1 appearance
Bruce BinningCounsel
1 appearance
Larry EllerCounsel
1 appearance

for Sandor Vaszi, W.J. Cotton, Louis Gorgenyi and Steve Goregnyi

John W. GoldsmithCounsel
1 appearance

for Semple-Gooder Roofing Limited

Frank BaxterAgent
1 appearance

for Semple-Gooder Roofing Limited, Bothwell-Accurate Co. Ltd., and Dean-Chandler Roofing Limited

Henry DinsdaleCounsel
1 appearance

for Service Employees International Union

Andrew MacKenzieUnion representative
1 appearance
Anita RaymondUnion representative
1 appearance
Garry ThayerUnion representative
1 appearance
Peter AllardUnion representative
1 appearance
John L. StoutUnion representative
1 appearance

for Service Employees International Union, Local 220

Nini JonesCounsel
1 appearance
Melissa KronickCounsel
1 appearance

for Sheet Metal Workers' International Association, Local 47

J. RasoCounsel
1 appearance
R. MitchellCounsel
1 appearance

for Spiniello Companies

Richard J. CharneyCounsel
1 appearance
Lloyd GassCounsel
1 appearance

for St. Joseph’s Health Services Association of London Incorporated

Frank A. AngelettiCounsel
1 appearance
Karen StoneCounsel
1 appearance
Brett MasonCounsel
1 appearance

for the applicant

John MoszynskiCounsel
6 appearances
James RobbinsCounsel
3 appearances
Mike McCrearyUnion representative
3 appearances
A. M. MinskyCounsel
3 appearances
S.B.D. WahlCounsel
3 appearances
J. RasoCounsel
3 appearances
Robert LeoneCounsel
3 appearances
Michael McCrearyCounsel
2 appearances
David WrightCounsel
2 appearances
L. A. RichmondCounsel
2 appearances
Glenna Newton-LongCounsel
1 appearance
Frank GodfreyUnion representative
1 appearance
M. GallagherUnion representative
1 appearance
J. MacKinnonCounsel
1 appearance
Dana LockwoodUnion representative
1 appearance
Alan MinskyCounsel
1 appearance
Gary KitchenCounsel
1 appearance
Sean FitzpatrickUnion representative
1 appearance
Luigi CaringiUnion representative
1 appearance
J. James NymanCounsel
1 appearance

for the Applicant

Blanch McIntoshSelf-represented
2 appearances
Ahmet DemirSelf-represented
1 appearance
Craig FloodCounsel
1 appearance
Andy RootUnion representative
1 appearance
Dino FrancescuttiUnion representative
1 appearance
Baljinder Singh FurmaSelf-represented
1 appearance
Hugh CannonUnion representative
1 appearance
Frank MunnoUnion representative
1 appearance

for the applicants

Jose OliveiraSelf-represented
2 appearances
Ian WerkerCounsel
2 appearances
Earl WalshAgent
1 appearance
Craig FloodCounsel
1 appearance
Stanley A. QuinnSelf-represented
1 appearance
Mike McCrearyUnion representative
1 appearance
Rick CurrieCounsel
1 appearance
Carlos RibeiroSelf-represented
1 appearance
L. A. RichmondCounsel
1 appearance
Wensel WoeschkaUnion representative
1 appearance
N. L. JesinCounsel
1 appearance
J. deWitAgent
1 appearance
Doug WrayCounsel
1 appearance
Brian McKnightCounsel
1 appearance
Ros RiouxCounsel
1 appearance
Ron McFaddenCounsel
1 appearance
Carlos PimentalUnion representative
1 appearance
C. HofleyCounsel
1 appearance
Scott WilliamsCounsel
1 appearance
William Richard BowAgent
1 appearance

for the Applicant Union

Jerry RassoUnion representative
1 appearance

for The Electrical Power Systems Construction Association and Ontario Hydro

M. Patrick MoranCounsel
1 appearance
B. K RobertsAgent
1 appearance
Doug WilsonAgent
1 appearance

for the Employee

Trishia BhiroSelf-represented
1 appearance

for the employees in related proceedings

Cyril J. AbbassCounsel
1 appearance

for the Employer

Harvey CitronAgent
1 appearance
Frank SantessoAgent
1 appearance

for The Georgian Construction Company Limited

James G. KnightCounsel
1 appearance
Gene MaidaAgent
1 appearance

for The Georgian Group Inc.

William ClunieAgent
1 appearance

for the interested party

Brian SheehanCounsel
1 appearance

for the International Union of Operating Engineers, Local 793

Robert GibsonCounsel
1 appearance
Brian MadiganCounsel
1 appearance

for the intervenor

Dwayne StaranchukCounsel
2 appearances
David CowlingCounsel
2 appearances
B. SheehanAgent
1 appearance
Jerry RasoCounsel
1 appearance
N. L. JesinCounsel
1 appearance
Jason FitzsimmonsCounsel
1 appearance
Martin CerquaUnion representative
1 appearance
Reg WhiteUnion representative
1 appearance
Debra ParkesCounsel
1 appearance
N. MeltaAgent
1 appearance
Cindy McNairAgent
1 appearance
D. ShephardAgent
1 appearance
R. CarltonAgent
1 appearance
Grant HopcroftAgent
1 appearance
Mike McCrearyUnion representative
1 appearance
S. Margot BlightCounsel
1 appearance
Peter ShklankaCounsel
1 appearance
Peter ThorupCounsel
1 appearance
Donald K. EadyCounsel
1 appearance
Gino BitonteCounsel
1 appearance

for the Labourers' International Union of North America, Local 183

M. LewisCounsel
1 appearance
Q. CeolinCounsel
1 appearance

for the Ministry of Labour

Laurie EisenbergCounsel
3 appearances
Murray KleinCounsel
2 appearances
E. CortzeeCounsel
1 appearance
M. KleinCounsel
1 appearance
Mr. CoetzeeCounsel
1 appearance
Alicia Gordon-FaganCounsel
1 appearance
Karima ChaturAgent
1 appearance
Bridget LynettCounsel
1 appearance
Brian FukuzawaCounsel
1 appearance
Alicia Gordon-FaganAgent
1 appearance

for the objecting employees

Robert AnagnostopottlosCounsel
1 appearance
Dale F. FitzpatrickCounsel
1 appearance

for the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftsmen

T. OldhamCounsel
1 appearance

for the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftsmen and the International Union of Bricklayers and Allied Craftsmen Local 2

Jerry CoelhoUnion representative
1 appearance

for the remaining responding parties

A. CarvaihoSelf-represented
1 appearance

for the respondent

Paul NemyAgent
1 appearance
Al AcornCounsel
1 appearance
Mike FailesCounsel
1 appearance
Ivars StarastsCounsel
1 appearance
Liz AndrewCounsel
1 appearance
Paul BroadCounsel
1 appearance
John MungerCounsel
1 appearance
Joe KennedyCounsel
1 appearance
Lucie LeoneAgent
1 appearance
Laura BorgCounsel
1 appearance
Paul LeoneAgent
1 appearance
S. Margot BlightCounsel
1 appearance
Ernesto ArapiaAgent
1 appearance

for the Respondent 1226220 Ontario c.o.b. K & C Mechanical

Illegible SignatureAgent
1 appearance

for the respondents

Glenn HillierSelf-represented
1 appearance
J. Anthony BowdenSelf-represented
1 appearance
Michael HillierSelf-represented
1 appearance
Samantha CervinoSelf-represented
1 appearance

for the responding parties

John CabralUnion representative
1 appearance
Jacob MichaelAgent
1 appearance
Marcia KredentserCounsel
1 appearance
Devon HowardCounsel
1 appearance
Carolyn HartCounsel
1 appearance
John CabralAgent
1 appearance
Dan McCarthyCounsel
1 appearance
Henry PereiraUnion representative
1 appearance
Bill SinclairAgent
1 appearance
Lucus DobbenAgent
1 appearance
Dave MummeryAgent
1 appearance
Henry PereiraAgent
1 appearance
Brett ChristenCounsel
1 appearance
Caroline HartCounsel
1 appearance
Harold F. CaleyCounsel
1 appearance

for the Responding Parties

Philip WolfendenCounsel
1 appearance

for the responding party

Joseph LibermanCounsel
3 appearances
W. ThorntonCounsel
2 appearances
Harm HeuvelSelf-represented
1 appearance
Dali BarAgent
1 appearance
Matthew MiddletonSelf-represented
1 appearance
T. CapobiancoCounsel
1 appearance
A. PintoCounsel
1 appearance
Leonard FeldtCounsel
1 appearance
Elizabeth PearceCounsel
1 appearance
Keith CtdlitonAgent
1 appearance
Craig FloodCounsel
1 appearance
Douglas ChalmersAgent
1 appearance
Richard AnstrutherCounsel
1 appearance
Pietro SerravalleAgent
1 appearance
Joy HaltonAgent
1 appearance
Jim HogarthUnion representative
1 appearance
David C. DanielsCounsel
1 appearance
Basil HumphrysUnion representative
1 appearance
Vaughn AdamsonCounsel
1 appearance
Brian P. NolanCounsel
1 appearance

for the Responding party

Ricardo LopesAgent
1 appearance

for the Responding Party

Francis M. SulpherSelf-represented
1 appearance
Giuseppe MontanaroAgent
1 appearance
Greg FranksAgent
1 appearance

for the union

Craig FloodCounsel
1 appearance

for the Union

Edward PrattUnion representative
1 appearance

for the United Brotherhood of Carpenters and Joiners of America, Local 1256

N. L. JesinCounsel
1 appearance
Ron CarltonCounsel
1 appearance

for United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 663

Jim FysheCounsel
1 appearance
Bob HumphreysCounsel
1 appearance

for United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 666

Laurence C. ArnoldCounsel
1 appearance
Edward NicholasUnion representative
1 appearance

for United Brotherhood of Carpenters and Joiners of America, Local 18

David McKeeCounsel
1 appearance
C. CalliganCounsel
1 appearance
N. L. JesinCounsel
1 appearance
Bob YakiwchukCounsel
1 appearance

for United Brotherhood of Carpenters and Joiners of America, Local 785

N. L. JesinCounsel
1 appearance
Gerry SuttonAgent
1 appearance

for Urban

Philip J. WolfendenCounsel
1 appearance

for Urban Electrical Contractors

Phil BartuccioAgent
1 appearance
Philip WolfendenCounsel
1 appearance

on behalf of 1086289 Ontario Inc. c.o.b. as Urban Electrical Contractors

Philip J. WolfendenCounsel
1 appearance

on behalf of Joe Teves

Maria TevesAgent
1 appearance

on behalf of the applicant

Michael McCrearyAgent
1 appearance
Dino FransecuttiUnion representative
1 appearance

on behalf of The International Brotherhood of Electrical Workers, Local 353

Craig FloodCounsel
1 appearance

on behalf of the I.W.A. Canada, Local 2693 Industrial Wood and Allied Workers of Canada

Robert NauarrettaUnion representative
1 appearance
Kenneth PaquetteUnion representative
1 appearance

on her own behalf

Flutra MujkaSelf-represented
1 appearance

on his own behalf

Charles KosaSelf-represented
1 appearance
Louis MartinSelf-represented
1 appearance

on their own behalf

Barry H. MortonSelf-represented
1 appearance
Piero VerrelliSelf-represented
1 appearance
Jay StewartSelf-represented
1 appearance
Stephen ReynoldsSelf-represented
1 appearance
Nick GeorgeSelf-represented
1 appearance
John EversleySelf-represented
1 appearance
Tim KeeferSelf-represented
1 appearance
James R. Follington Jr.Self-represented
1 appearance
Ivan DorionSelf-represented
1 appearance
Emil HofbauerSelf-represented
1 appearance
Siavash HemmatiSelf-represented
1 appearance
Larry MadillSelf-represented
1 appearance

542

Decisions

Years active

Tribunals

5.8

cases/mo

OLRB542(100%)

Decision types

motion

354

trial

108

appeal

/Adjudicator

D. L. Gee — Vice-Chair

Other Tribunals

Administrative Law

Construction Law

Bankruptcy and Insolvency Law

Corporate/Commercial Law

Human Rights

Workplace Safety and Insurance Law

D. L. Gee

Vice-Chair·Ontario Labour Relations Board·Since 1994

542

cases · 8 yrs · OLRB

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 315Vice-Chair· 141Vice-Chair· 76Vice-Chair· Chair· 4Adjudicator/Referee· 4Vice Chair· 1Vice Chair· 1

D. L. Gee

OLRBOntario Labour Relations BoardNov 29, 2001

Hearing adjourned on consent due to inability to contact the responding party.

The applicant requested an adjournment of the scheduled hearing because efforts to contact the responding party, Terry Richards, were unsuccessful.

The Ministry of Labour consented to the adjournment.

The Board granted the request and adjourned the hearing to a date to be set by the Registrar.

Central Auto (Sudbury) Ltd. o/a Simcoe County Chrysler v. Terry Richards and Ministry of Labour, 2001 CanLII 15016

J. G. Knight

G. McMenemy

OLRBUnanimous (Wrote the reasons)0 cases1994–2001

D. L. Gee

OLRBOntario Labour Relations BoardNov 29, 2001

Challenged voter ruled ineligible due to missing submissions; counting of remaining ballot deferred.

The applicant union applied for certification in the construction industry.

Two ballots were cast in a representation vote and sealed.

The applicant challenged the eligibility of one voter and also challenged the conduct of the vote, requesting a second vote.

The responding party employer failed to file any submissions regarding the voter's eligibility or the vote's conduct.

The Board determined, based on the applicant's uncontested submissions, that the challenged voter was not eligible to vote.

However, the Board declined to count the sole remaining ballot until the applicant clarified whether it was withdrawing its challenge to the conduct of the vote.

Drywall, Acoustic, Lathing and Insulation Local 675 of the United Brotherhood of Carpenters and Joiners of America v. DTR Drywall T-Bar Restoration Ltd., 2001 CanLII 13392

D. L. Gee

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

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

D. L. Gee

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.

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

D. L. Gee

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

J. G. Knight

G. McMenemy

D. L. Gee

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

D. L. Gee

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

D. L. Gee

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.

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

D. L. Gee

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

D. L. Gee

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

D. L. Gee

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

D. L. Gee

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

J. G. Knight

G. McMenemy

OLRBUnanimous (Wrote the reasons)0 cases1994–2001

D. L. Gee

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

D. L. Gee

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

D. L. Gee

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

The applicants filed applications regarding bargaining rights.

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

J. G. Knight

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.

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.

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

D. L. Gee

Style of cause amended and hearing adjourned on request of the applicant.

The applicant requested an amendment to the style of cause to delete Electrical Power Systems Construction Association as a responding party and add it as an affected employers' organization.

The applicant also requested to delete Local 666 and add Local 67 of the United Association of Journeymen and Apprentices in the Plumbing and Pipe Fitting Industry.

The Board granted the amendments and adjourned the hearing scheduled for November 15, 2001, to a date to be set in consultation with the parties.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Babcock & Wilcox Canada Ltd., 2001 CanLII 19378

D. L. Gee

Employment standards application terminated following settlement between the parties.

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

Having regard to a settlement reached between the parties, the Board ordered the application terminated.

Anna Cohen v. Rosebank Wholesale Lumber Ltd., 2001 CanLII 17051

D. L. Gee