D. L. Gee

OLRBOntario Labour Relations BoardMar 10, 2000

Application for review of Order to Pay terminated following Minutes of Settlement between employer and employee.

The employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The employer and the employee entered into Minutes of Settlement agreeing to disburse the $1,710.08 held in trust.

The Board ordered the funds disbursed in accordance with the settlement, subject to any objection by the Ministry of Labour, and terminated the application.

1263528 Ontario Limited v. Trishia Bhiro and Ministry of Labour, 2000 CanLII 9013

Board issues consent order declaring collective agreement violation and awarding $6,200 in damages.

The applicant referred a grievance to the 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 declarations and directions on consent, finding that the responding party was bound by the collective agreement and had violated it.

The responding party was ordered to pay $6,200 in damages as full and final settlement.

International Brotherhood of Electrical Workers, Local 586 v. Black & McDonald Ltd., 2000 CanLII 7432

J. Knight

G. McMenemy

D. L. Gee

Grievance referral adjourned sine die for up to one year on consent of the parties.

The applicant union and responding employer agreed to adjourn the grievance referral 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.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Rockford Tile Contractors (1996) Limited, 2000 CanLII 10528

J. Knight

G. McMenemy

D. L. Gee

The Board ordered the employer to pay settlement amounts and adjourned the application sine die.

The applicant union and responding employer entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the responding party to pay $15,523.11 to the Tile Employee Bargaining Agency and $17,219.91 to Local 7, in addition to damages previously ordered.

The application was adjourned sine die for up to one year.

Brick and Allied Craft Union of Canada v. Durie Tile and Marble Ltd., 2000 CanLII 12292

J. Knight

G. McMenemy

D. L. Gee

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

The applicant union filed a grievance referral against the responding party employer.

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

Carpenters & Allied Workers Local 27 v. PCL Constructors Canada Inc., 2000 CanLII 9642

D. L. Gee

Application dismissed due to the applicant's failure to make required payment or provide letter of credit.

The applicant employer sought review of an employment standards order but failed to make the required payment or provide the Director with a new letter of credit by the deadline set in a previous Board decision.

As a result, the Ontario Labour Relations Board dismissed the application.

1333518 Ontario Inc. o/a Casa D’or Restaurant v. DePatie, 2000 CanLII 10044

D. L. Gee

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

The applicant union 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 Public Service Employees Union v. Ministry of Health, 2000 CanLII 1926

D. L. Gee

OLRBOntario Labour Relations BoardMar 7, 2000

Employer directed to clarify intentions after inexplicably issuing T4 for disputed funds held in trust.

The employer appealed an employment standards order to pay and the disputed funds were held in trust.

The employee requested the appeal be dismissed because the employer inexplicably issued her a T4 slip for the disputed amount.

The Board directed the employer to advise of its intentions regarding the appeal.

The Source Shop v. Kelly Kavanagh and Ministry of Labour, 2000 CanLII 9145

D. L. Gee

OLRBOntario Labour Relations BoardMar 7, 2000

Adjournment request denied due to lack of medical documentation and late notice.

The applicant requested an adjournment of a hearing scheduled for March 16, 2000, citing a serious medical condition resulting from an accident.

The Board denied the request because the applicant provided no medical documentation, waited until 10 days before the hearing to make the request, and failed to copy the other parties.

The Board noted it would reconsider if the applicant provided a medical certificate or obtained consent from the responding parties.

Jean M. Savignac General Woodwork Ltd. v. Christian Lamarche and Ministry of Labour, 2000 CanLII 11917

David Wright

188 cases1989–2025

D. L. Gee

OLRBOntario Labour Relations BoardMar 2, 2000

Certification application dismissed; agreement expanding existing bargaining unit to include paramedics constituted valid voluntary recognition.

The applicant union (OPSEU) applied for certification to represent paramedics employed by the Regional Municipality of York.

The Region and the intervenor union (CUPE) argued the application was untimely because the paramedics were already covered by an existing collective agreement or a valid voluntary recognition agreement between them.

The Board found that the agreement to expand the existing CUPE bargaining unit to include the newly hired paramedics constituted a valid voluntary recognition agreement.

Declining to follow earlier Board jurisprudence, the Board held that the union only needed majority support in the overall expanded bargaining unit, not the specific add-on group.

As CUPE had majority support in the overall unit, the agreement was valid and barred OPSEU's application.

Ontario Public Service Employees Union v. The Regional Municipality of York, 2000 CanLII 12943

D. L. Gee

OLRBOntario Labour Relations BoardFeb 25, 2000

Employer committed unfair labour practices by terminating union supporters and violating statutory freeze provisions.

The union filed an unfair labour practice application alleging that the employer terminated several employees for their support of the union during an organizing campaign, and violated the statutory freeze provisions by altering the Christmas shutdown and bonus.

The Board found that the employer's stated reasons for terminating the employees were pretextual and that the terminations were motivated by anti-union animus.

The Board also found that the employer's unilateral changes to the Christmas shutdown and bonus violated the statutory freeze.

The Board ordered the reinstatement of the terminated employees with full compensation and issued declaratory relief regarding the statutory freeze violations.

United Food and Commercial Workers International Union, Local 175 v. EMU Plastics Limited, 2000 CanLII 12404

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardFeb 10, 2000

Representation vote directed in construction industry union certification application.

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

The Ontario Labour Relations Board found that the applicant appeared to have the requisite membership support of not less than forty per cent in the proposed bargaining unit.

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

United Brotherhood of Carpenters and Joiners of America, Local 785 v. Losereit Limited, 2000 CanLII 9869

D. L. Gee

OLRBOntario Labour Relations BoardFeb 9, 2000

Applications withdrawn by leave of the Board.

The applicant, Consumers Glass, sought to withdraw its applications against the United Steelworkers of America, Local 260 and the Ministry of Labour.

The Ontario Labour Relations Board granted leave and the applications were withdrawn.

Consumers Glass v. United Steelworkers of America, Local 260, 2000 CanLII 8338

D. L. Gee

OLRBOntario Labour Relations BoardFeb 8, 2000

Application for certification dismissed on agreement following representation vote, with a one-year bar imposed.

Following a representation vote, the parties agreed that the union's application for certification would be dismissed.

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further applications for certification by the applicant for the same bargaining unit.

Labourers’ International Union of North America, Local 493 v. 1017457 Ontario Inc. c.o.b. as Dyna-Con Explosives Technologies, 2000 CanLII 7441

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardFeb 8, 2000

Applications withdrawn by leave of the Board.

The applicant sought to withdraw its applications against the responding parties.

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

United Brotherhood of Carpenters and Joiners of America, Local 494 v. Loaring Group Ltd., 2000 CanLII 7846

D. L. Gee

Application terminated following a settlement between the parties.

The applicant and the responding party, Ontario Safety Alliance, executed a settlement.

As a result, the Ontario Labour Relations Board terminated the application.

Mary Wilson v. Ontario Safety Alliance and Ministry of Labour, 2000 CanLII 2112

J. Knight

G. McMenemy

D. L. Gee

Application withdrawn by leave of the Board.

The applicant union sought to withdraw its application against the responding parties.

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

Construction and Allied Workers, Local Union 607 v. Belanger Construction (1981) Inc., 2000 CanLII 2932

D. L. Gee

Employment standards application withdrawn by leave of the Board.

The applicant sought to withdraw their employment standards application against Algonquin Health Services Muskoka East Parry Sound Community Care Access Center and the Ministry of Labour.

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

Marlene Gerrard et al. v. Algonquin Health Services Muskoka East Parry Sound Community Care Access Center and Ministry of Labour, 2000 CanLII 1232

J. Knight

G. McMenemy

D. L. Gee

Board issues consent declarations of a sale of business and orders settlement payment.

The applicant union filed an application alleging a sale of a business and related employer status, along with a grievance referral, against the responding parties.

The parties entered into Minutes of Settlement.

The Ontario Labour Relations Board issued consent declarations that a sale of a business occurred under section 69 of the Labour Relations Act, 1995, binding the successor employer to the collective agreement, and ordered the payment of $1,500 in settlement of the grievance.

Sheet Metal Workers’ International Association, Local 504 v. 471177 Ontario Limited, 2000 CanLII 12706

J. Knight

G. McMenemy

D. L. Gee