D. L. Gee

OLRBOntario Labour Relations BoardMay 3, 2000

Matters withdrawn with leave of the Board.

The applicant, Canadian Waste Services Inc., sought to withdraw the matters.

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

Canadian Waste Services Inc. v. Northern Ontario Joint Council of the Retail Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union, 2000 CanLII 1372

Board directs a representation vote for an application for certification in the construction industry.

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 a trade union and an affiliated bargaining agent.

Based on the membership evidence filed, the Board determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

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

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 759 v. Groupe Guy Pépin Inc. et ses Divisions, 2000 CanLII 10299

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardMay 3, 2000

Application withdrawn with leave of the Board.

The applicant, Christian Labour Association of Canada, sought to withdraw its application against the responding party, Elta Gas Services Ltd. The Ontario Labour Relations Board granted leave to withdraw the application.

Christian Labour Association of Canada v. Elta Gas Services Ltd., 2000 CanLII 10211

D. L. Gee

OLRBOntario Labour Relations BoardMay 3, 2000

Application terminated following settlement between the parties.

The applicant and the responding party employer executed a settlement.

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

Freeburn v. 1088490 Ontario Limited (Canswim Pools), 2000 CanLII 4714

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardMay 1, 2000

Representation vote directed in construction industry certification application after employer failed to respond.

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

The responding party failed to file a response.

The Board found that the applicant is a trade union and that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken of the eligible individuals in the voting constituency.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. BFC Buildings, 2000 CanLII 3659

D. L. Gee

OLRBOntario Labour Relations BoardApr 28, 2000

Board clarifies prior dismissal was without prejudice to bringing sector issue back for determination.

The Greater Toronto Sewer and Watermain Contractors Association requested reconsideration or clarification of the Board's March 22, 2000 decision dismissing its applications.

With the consent of the responding union, the Board clarified that the dismissal of Board File No. 2558-98-M was without prejudice to the merits of the application and the applicant's ability to bring the sector issue back for determination if necessary.

Greater Toronto Sewer and Watermain Contractors Association v. Labourers’ International Union of North America, Local 183, 2000 CanLII 12905

D. L. Gee

OLRBOntario Labour Relations BoardApr 28, 2000

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

The 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.

United Brotherhood of Carpenters and Joiners of America, Lake Ontario District Council v. 1138391 Ontario Limited, 2000 CanLII 3388

J. Pickell

OLRB0 cases2000–2001

D. L. Gee

A. Haward

Union certification granted and certificates issued following a successful representation vote in the construction industry.

The applicant union sought certification as the bargaining agent for carpenters and carpenters' apprentices employed by the responding party.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, and with no outstanding issues between the parties, the Board directed the issuance of certificates.

Pursuant to section 160(1) of the Act, one certificate was issued for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the specified geographic areas.

Carpenters and Allied Workers Local 27 United Brotherhood of Carpenters and Joiners of America v. Skoko Aluminum Ltd., 2000 CanLII 12758

D. L. Gee

Applicant directed to show cause why duty of fair representation complaint should not be dismissed.

The applicant filed a complaint alleging a violation of section 74 of the Labour Relations Act, 1995, concerning a verbal agreement between the union and the employer regarding the filling of temporary full-time vacancies.

The Board noted that the employer cannot violate section 74 and removed it as a responding party.

Finding that the applicant did not assert arbitrary, discriminatory, or bad faith conduct by the union, the Board directed the applicant to file submissions explaining why the application should not be dismissed for failing to make out a prima facie case.

Cynthia Gjuric v. Service Employees International Union, Local 204, 2000 CanLII 12007

G. Pickell

D. L. Gee

A. Haward

Union certification granted and unfair labour practice complaint withdrawn following minutes of settlement.

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

Following a successful representation vote where more than fifty percent of ballots were cast in favour of the union, the Board issued a certificate for a bargaining unit of construction labourers.

Pursuant to the settlement, the Board also granted the union leave to withdraw its unfair labour practice complaint.

Universal Workers Union, L.I.U.N.A. Local 183 v. Somerset Management Inc., 2000 CanLII 12151

D. L. Gee

Request for reconsideration dismissed; Board did not apply a new test for creating a new sector.

The applicants requested reconsideration of a Board decision that dismissed their application to create a new sector in the construction industry.

The applicants argued the Board applied a new test without giving them an opportunity to establish a prima facie case.

The Board dismissed the request, noting that the factors it applied were previously considered in Ellis-Don Limited, and the applicants had ample opportunity to address the appropriate test but chose to rely on criteria from a case that did not involve creating a new sector.

Main Rehabilitation Co. Ltd. v. Labourers’ International Union of North America, Local 183, 2000 CanLII 13293

G. Pickell

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardApr 20, 2000

Request for extension of time to file reconsideration request denied due to insufficient reasons.

The moving party requested an extension of time to file a request for reconsideration of an earlier Board decision, citing counsel's inability to meet with a representative.

The Board denied the request, emphasizing the need for speedy resolution of construction industry grievances under section 133 of the Labour Relations Act.

The Board found the reason provided insufficient to warrant an extension.

Operative Plasterers’ and Cement Masons’ International Association of the United States and Canada, Local 124 v. Cambareri Construction Inc., 2000 CanLII 13221

Richard Drmaj

10 cases1995–2003

N. L. Jesin

70 cases1987–2001

A. M. Minsky

94 cases1980–2001

J. Knight

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardApr 13, 2000

Board denies intervenor status and dismisses motions to adjourn and for further particulars in grievance referral.

In a referral of a grievance to arbitration under section 133 of the Labour Relations Act, 1995, the Board heard three preliminary motions.

The Board denied the Carpenters' request for intervenor status, finding no benefit to their participation as their position aligned with the responding party's.

The Board also dismissed the responding party's motions to adjourn the matter pending the outcome of other grievances and to order the applicant to provide further particulars, concluding that the grievances lacked factual overlap and sufficient particulars had already been provided.

Labourers’ International Union of North America, Local 1089 v. Doug Chalmers Construction Limited, 2000 CanLII 7920

D. L. Gee

OLRBOntario Labour Relations BoardApr 12, 2000

Request to suspend inspector's order requiring engineer's report on heater guards dismissed.

The applicant sought the suspension of an occupational health and safety inspector's order requiring a professional engineer's report confirming that guards installed around gas heaters were not likely to endanger workers.

The Board applied the three-part test for suspending an order pending appeal.

Finding that suspending the order could potentially diminish workplace safety, that compliance would not prejudice the applicant, and that deference should be accorded to the inspector's decision, the Board dismissed the request for a suspension.

Prince Metal Products Limited v. Teamsters, Chauffeurs, Warehousemen & Helpers Union, Local 880, 2000 CanLII 11737

D. L. Gee

OLRBOntario Labour Relations BoardApr 12, 2000

Request for reconsideration denied; Board affirms departure from prior jurisprudence regarding bargaining unit expansion.

The applicant union requested reconsideration of a prior Board decision, arguing that the Board had substantially departed from its longstanding practice established in Bestview Holdings Limited regarding the demonstration of majority support in agreements expanding bargaining rights.

The Vice-Chair acknowledged the departure but maintained that the previous approach was either wrong or no longer correct given the Board's current approach to determining appropriate bargaining units.

Finding no persuasive reason to reconsider the prior decision, the Board denied the request.

Ontario Public Service Employees Union v. The Regional Municipality of York, 2000 CanLII 12152

D. L. Gee

OLRBOntario Labour Relations BoardApr 12, 2000

Board Officer appointed to assist parties in resolving bargaining rights dispute following hospital restructuring.

The applicant union brought an application under the Public Sector Labour Relations Transition Act, 1997 respecting bargaining rights for employees of the responding hospital following restructuring.

The Ontario Labour Relations Board appointed a Board Officer to meet with the parties to attempt to resolve the matters in dispute and directed the employer to post notice of the decision in the workplace.

Ontario Nurses’ Association v. North York General Hospital, 2000 CanLII 4250

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardApr 11, 2000

Consent direction issued extending the time for the responding party to file a response.

The Ontario Labour Relations Board issued a consent direction extending the time for the responding party to file a response to August 14, 2000.

Teamsters Local Union No. 230 v. Gottardo Enterprises Inc., 2000 CanLII 10452

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardApr 10, 2000

Board directed responding party to file its response by April 11, 2000 on consent.

The Ontario Labour Relations Board issued a procedural direction on consent, ordering the responding party to file its response by April 11, 2000.

Teamsters Local Union No. 230 v. B. Gottardo Construction Ltd., 2000 CanLII 1422

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardApr 7, 2000

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.

International Union of Bricklayers and Allied Craftworkers, Local 2 v. Chem-Thane Engineering Inc., 2000 CanLII 3568

D. L. Gee