D. L. Gee

OLRBOntario Labour Relations BoardMar 29, 2000

Default judgment issued against employer for unpaid remittances and use of non-union labour.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding employer used non-union labour and failed to pay proper wages and remittances.

The responding party failed to file a response.

The Board deemed the facts in the application accepted and issued a default judgment, ordering the responding party to pay $27,575.38 in damages and $214.00 in costs.

United Brotherhood of Carpenters and Joiners of America, Local 2041 v. Cambareri Construction Inc., 2000 CanLII 12129

Application to terminate bargaining rights granted after union withdrew its allegations.

The applicant applied to terminate the responding party union's bargaining rights under section 63 of the Labour Relations Act, 1995.

At the hearing, the union withdrew its allegations under section 63(16).

The Board granted the application and terminated the union's bargaining rights based on the results of a representation vote.

The Board remained seized to determine the applicant's request for costs and set a schedule for written submissions.

Matteo Galeano v. I.B.E.W. Construction Council of Ontario, 2000 CanLII 6337

D. L. Gee

Practising Law - Employed70 cases1995–2026

Application withdrawn with leave of the Board following Minutes of Settlement.

The applicant sought to withdraw the matter following the execution of Minutes of Settlement.

The Ontario Labour Relations Board granted leave and the matter was withdrawn.

Carpenters and Allied Workers Local 27 United Brotherhood of Carpenters and Joiners of America v. Metro Concrete Floors (1990) Inc., 2000 CanLII 1683

Andrea Bowker

D. L. Gee

Application regarding alleged unlawful strike adjourned sine die following parties' minutes of settlement.

The applicant union filed an application regarding an alleged unlawful strike or lock-out concerning the assignment of scaffolding work at a job site.

Prior to the hearing, the parties entered into Minutes of Settlement preserving the assignment of work to the applicant's members unless overturned in a section 99 proceeding.

The Board incorporated the settlement as its own order and adjourned the matter sine die for a period not exceeding one year.

United Brotherhood of Carpenters and Joiners of America, Local 446 v. Labourers’ International Union of North America, Local 1036, 2000 CanLII 12203

J. G. Knight

G. McMenemy

D. L. Gee

Consent order issued directing employer to pay $15,022.16 in unpaid benefits and dues.

The applicant union referred a grievance to the Ontario Labour Relations Board alleging the responding party failed to pay benefits and dues contributions.

Prior to the hearing, the parties entered into a Memorandum of Agreement settling the matter.

The Board issued a consent order declaring the responding party bound by the collective agreements, finding a violation for unpaid amounts, and ordering the payment of $15,022.16 in damages and $1,450.00 in costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Lopes Drywall & Acoustics Inc., 2000 CanLII 3649

Peter Vanderkloet

D. L. Gee

Union certification application dismissed because the voting carpenters were employed by a subcontractor, not the respondent.

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

A representation vote was held, and two individuals cast ballots.

The responding party general contractor asserted that it employed no carpenters on the date of application and that the individuals were employed by a subcontractor.

The Board found that the individuals were hired, paid, and governed by the collective agreement of the subcontractor, not the responding party.

As there were no employees in the bargaining unit on the date of application, the application was dismissed.

United Brotherhood of Carpenters and Joiners of America, Local 1946 v. Sloot Construction – Design Ltd., 2000 CanLII 12938

Lawrence Pick

6 cases2000–2017

John W. Goldsmith

4 cases2000–2014

E. Cortzee

D. L. Gee

Beneficiary of shares held in trust not liable as a director for unpaid wages.

Six individuals appealed orders to pay issued against them as directors of a bankrupt corporation for unpaid wages and vacation pay.

Five of the individuals were registered directors or signatories to a unanimous shareholder agreement and were found jointly and severally liable.

The sixth individual, Katharine Renison, was a significant investor whose shares were held in trust by her husband.

The Ministry argued she was the beneficiary of a bare trust and liable as a principal.

The Board found that she did not have control over how her shares were voted and was therefore not a director under the Employment Standards Act.

The orders to pay were affirmed for five applicants and rescinded for Renison.

Sandor Vaszi v. Ministry of Labour, 2000 CanLII 12592

Sonja Skoko

Jay Rider

8 cases1999–2001

James Robbins

13 cases1998–2001

Harold Biso

2 cases2000–2000

David Watson

22 cases1982–2010

G. Pickell

D. L. Gee

A. Haward

Board rules 'representative period' in settlement refers to application date; post-application hires ineligible to vote.

The applicant union applied for certification and a representation vote was held.

Following an unfair labour practice complaint, the parties entered into Minutes of Settlement agreeing to a second vote, but the union reserved the right to challenge the eligibility of two employees hired after the application date on the basis that they were not employed in the 'representative period'.

The Board held that the term 'representative period' is a term of art referable to the application date.

Consequently, the two challenged employees were not entitled to vote in the second representation vote.

Carpenters and Allied Workers Local 27 United Brotherhood of Carpenters and Joiners of America v. Skoko Aluminum Ltd., 2000 CanLII 12115

J. G. Knight

G. McMenemy

D. L. Gee

Consent order issued for unpaid union benefits and dues totaling $1,623.64 plus costs.

The applicant union referred a grievance to the Ontario Labour Relations Board regarding unpaid benefits, dues, and contributions.

Prior to the hearing, the parties entered into a Memorandum of Agreement.

The Board issued a consent order declaring the responding party bound by the collective agreement and ordering the payment of $1,623.64 in damages and $300.00 in costs.

Drywall Acoustic Lathing and Insulation Local 675 v. Viking Drywall & Acoustics Inc., 2000 CanLII 2714

J. G. Knight

G. McMenemy

D. L. Gee

Employer ordered to pay unpaid benefits and dues after failing to attend grievance arbitration hearing.

The applicant union referred a construction industry grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging that the responding party employer failed to remit benefits, dues, contributions, and deductions.

The responding party failed to attend the hearing.

Based on the union's evidence, the Board found the employer bound by the collective agreement and ordered it to pay $4,115.32 in arrears plus $749.00 in fees.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Peelco Construction Services Limited, 2000 CanLII 13151

D. L. Gee

Board issues consent declarations and orders for subcontracting violation, adjourning to determine damages.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995.

Based on a memorandum of agreement between the parties, the Board issued consent declarations and orders.

The Board declared that the responding party was bound to the Carpenters Provincial Collective Agreement and had violated it by failing to subcontract the installation of overhead tracking systems at York Central Hospital to a bound employer.

The responding party was ordered to employ a union member for the duration of the work.

The hearing was adjourned to determine the quantum of damages.

Carpenters and Allied Workers Local 27 v. Bondfield Construction Company (1983) Limited, 2000 CanLII 11755

J. G. Knight

G. McMenemy

D. L. Gee

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 application will be deemed terminated if neither party requests to proceed.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Alcor Investment Group c.o.b as Alcor Interiors, 2000 CanLII 4923

J. G. Knight

G. McMenemy

D. L. Gee

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

The Ontario Labour Relations Board granted a consent request to adjourn the application sine die for a period not exceeding one year.

If neither party requests to proceed within that time, the matter will be deemed terminated.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investors and Builders Ltd., 2000 CanLII 4272

Michael McCreary

12 cases2000–2019

J. G. Knight

G. McMenemy

D. L. Gee

Board issued an arrest warrant for an employer's principal who failed to attend a grievance hearing.

The applicant union referred a grievance to arbitration alleging the employer failed to remit employee contributions.

A principal of the responding party was served with a summons to attend the hearing but failed to appear.

The Board found his presence material to the ends of justice and issued a warrant for his arrest, directing police to bring him to the continuation of the hearing and ordering him to produce specified employment and payroll records.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. BBI Acoustics & Drywall Applicators, 2000 CanLII 13583

Sam Morra

3 cases1996–2000

Roger J. Quinn

In Private Practice64 cases1985–2025

Richard J. Charney

Mark Lewis

17 cases1991–2014

Lloyd Gass

Jack Oliviera

Ben Barnes

2 cases2000–2000

D. L. Gee

OLRBOntario Labour Relations BoardMar 22, 2000

Motion to dismiss sector dispute application granted; grievance referral to proceed without prior sector determination.

The union filed a grievance alleging that work performed by the responding party on a watermain cement relining project should have been performed under the Heavy Collective Agreement rather than the Sewer and Watermain Collective Agreement.

The employers' association filed an application requesting a sector determination prior to the grievance referral.

The union brought a motion that the Board not entertain the sector dispute application.

The Board granted the union's motion, finding that a sector determination would not be dispositive of the grievance and was not necessary to resolve the collective agreement interpretation issue.

The sector dispute applications were dismissed and the grievance referral was directed to be listed for hearing.

Labourers’ International Union of North America v. Calvin E. Construction Ltd., 2000 CanLII 4152

J. G. Knight

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardMar 21, 2000

Consent order issued declaring employer bound by collective agreement and ordering $39,400 in damages.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

Prior to the hearing, the parties entered into a Memorandum of Agreement.

The Board issued a consent order declaring the responding party bound by the collective agreement, finding it had violated the agreement, and ordering it to pay $39,400 in damages to the applicant.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. International Group Construction Inc., 2000 CanLII 8391

Wanda Shreve

3 cases2000–2005

Marisa Pollock

85 cases1990–2026

David Morrisey

Brian P. Nolan

12 cases1986–2017

D. L. Gee

OLRBOntario Labour Relations BoardMar 17, 2000

Statutory amendment to definition of employer does not apply retroactively to pending certification application.

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

Subsequently, the definition of employer in section 126 of the Act was amended.

The responding party argued that the new definition should apply, while the applicant argued that the definition in effect at the time of filing should apply.

The Board held that the definition of employer as it existed on the date of filing applies, as there was no clear legislative intent to give the amendment retroactive effect.

United Brotherhood of Carpenters and Joiners of America, Local 494 v. Windsor Essex Catholic District School Board, 2000 CanLII 12688

D. L. Gee

OLRBOntario Labour Relations BoardMar 14, 2000

Board lacks jurisdiction to extend time for paying money into trust under the Employment Standards Act.

The applicant requested reconsideration of a previous Board decision, seeking an extension of time to pay money into trust with the Director under the Employment Standards Act.

The Board dismissed the request, clarifying that it has no jurisdiction to extend the time for payment into trust.

The Board's jurisdiction is limited to extending the time for filing an appeal, which can only be considered after the required funds have been paid or an acceptable letter of credit provided.

Delta M3 Technologies Corporation v. Mario Almendrades, 2000 CanLII 12976

D. L. Gee

OLRBOntario Labour Relations BoardMar 13, 2000

Appeal terminated following rescission of the underlying order.

The applicant appealed an order.

As the order under appeal was rescinded, the Ontario Labour Relations Board terminated the matter.

Sifto Canada Inc. v. Communication Energy & Paper Workers Union, (CEP) Local 160, 2000 CanLII 4761

D. L. Gee