D. L. Gee

Employment standards application terminated following settlement between the parties.

The applicant filed an application under the Employment Standards Act against the responding parties.

The applicant and the employer, Rosedale Chiropractic & Physiotherapy Clinic, executed a settlement.

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

Sozanska v. Rosedale Chiropractic & Physiotherapy Clinic, 2000 CanLII 3353

Application for review of order to pay dismissed after applicant failed to appear at damages hearing.

The applicant sought a review of an employment standards officer's order to pay in favour of the responding party.

After the Board previously determined that the responding party was an employee and was terminated contrary to the Employment Standards Act, a hearing was held to determine the quantum of damages.

The applicant failed to appear.

The Board ordered the release of the funds held in trust to the responding party, along with pre-judgment interest.

North Park Dental Centre operated by Dr. Dilshad Hirji v. Lisa Allen and Ministry of Labour, 2000 CanLII 12418

J. Knight

G. McMenemy

D. L. Gee

Application withdrawn by leave of the Board.

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

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

Steve Parsons v. Enterprise Rent-A-Car Ltd. and Ministry of Labour, 2000 CanLII 7642

D. L. Gee

Style of cause amended and motion to dismiss deferred to the hearing panel.

The Ontario Labour Relations Board issued a procedural decision amending the style of cause in one of the files to include specific individual responding parties.

The Board also directed that the two matters be listed together for hearing, though not consolidated, and deferred a motion to dismiss to the panel assigned to hear the matters.

Canada Taxi Union v. Blue Line Co. Limited, 2000 CanLII 12204

J. Knight

G. McMenemy

D. L. Gee

Application withdrawn by leave of the Board.

The applicant sought to withdraw its application.

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

Ontario Sheet Metal Workers’ and Roofers Conference v. Ontario Sheet Metal and Air Handling Group, 2000 CanLII 10771

D. L. Gee

OLRBOntario Labour Relations BoardFeb 4, 2000

Board revoked previous decision and directed matter to proceed to a hearing.

The applicant filed submissions in accordance with a previous Board decision.

The Board revoked its February 1, 2000 decision and directed the matter to proceed to a hearing.

Lorna Culley v. Best Realty Management Company Limited, 2000 CanLII 12027

D. L. Gee

OLRBOntario Labour Relations BoardFeb 4, 2000

Extension of time to appeal order to pay deferred until full amount paid into trust.

The applicant sought an extension of time to file an application for review of an order to pay under the Employment Standards Act.

The Board noted that the applicant had not paid the full amount of the order to pay into trust, having paid the assessment amount but not the statutory administrative costs.

The Board held that it has discretion to extend the time for applying for a review, but not to extend the time for paying monies into trust.

The Board declined to grant the extension at this time, but gave the applicant 10 days to pay the remaining money, after which the extension request would be considered.

South Bay Marina Limited v. Joanne Longboat Crane and Ministry of Labour, 2000 CanLII 13178

D. L. Gee

OLRBOntario Labour Relations BoardFeb 3, 2000

Time limits for filing response to grievance extended pending outcome of related employer application.

The applicant referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, relying on a companion application under sections 69 and 1(4) to bind the responding parties to the collective agreement.

Counsel for the responding parties requested an extension of time to file their Form A-87 and pay the filing fee until the related employer application is resolved.

The Board granted the extension, noting its usual practice is to adjourn the grievance pending the outcome of the related employer application.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Bruce S. Evans Limited, 2000 CanLII 12158

D. L. Gee

OLRBOntario Labour Relations BoardFeb 3, 2000

Applicant directed to contact the Board by a specified date or application will be terminated.

The applicant failed to attend a scheduled settlement meeting and subsequent attempts to contact him were unsuccessful.

The Ontario Labour Relations Board directed the applicant to contact the assigned Labour Relations Officer by a specified date, failing which the application for review would be deemed terminated.

Dwight Jackson v. Checkmark Construction and Ministry of Labour, 2000 CanLII 13321

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardFeb 3, 2000

Employer deemed to have violated collective agreement after failing to respond to grievance referral.

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

The responding employer failed to file a Request for Hearing and Notice of Intent to Defend within the required time.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the responding party bound by the Provincial Agreement and declared that it had violated the agreement.

A hearing was scheduled solely to assess damages.

The International Union of Painters and Allied Trades (formerly known as The International Brotherhood of Painters and Allied Trades), Glaziers Local 200 v. 1197413 Ontario Ltd. c.o.b. as Preston & Lieff Glass, 2000 CanLII 9248

D. L. Gee

Request for extension of time to pay monies into trust for an employment standards review declined.

The applicant filed an application for review of an order to pay under the Employment Standards Act but failed to pay the required monies into trust.

The applicant requested an extension of time to pay the funds into trust.

The Board declined the request, holding that its discretion under section 68(4) is to extend the time for applying for a review, not to extend the time for paying monies into trust, which is a condition precedent to a complete application.

Delta M3 Technologies Corporation v. Almendrades, 2000 CanLII 10426

D. L. Gee

Extension of time granted for late-filed application after initial improper filing attempts.

The responding party objected to the processing of the application on the basis that it was not filed in a timely manner.

The applicant had attempted to file the application multiple times, but it was returned due to improper filing methods (facsimile and registered mail) before finally being hand-delivered.

The Board exercised its discretion to grant an extension of time for the filing of the application, finding it appropriate under the circumstances.

The matter was directed to proceed in the usual manner.

Shi-An Wang v. Lixi Ma and Ministry of Labour, 2000 CanLII 12781

J. Knight

G. McMenemy

D. L. Gee

Pre-hearing production order granted for documents relevant to a construction industry grievance arbitration.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995 and requested a pre-hearing production order.

The Ontario Labour Relations Board found the requested documents relevant to the issues in dispute and ordered the responding party to produce them, including contracts, tender documents, payroll records, and permits related to a specific job site.

The Board also directed the applicant to provide a statement of delivery for its request letter.

International Brotherhood of Electrical Workers Local 586 v. 1048519 Ontario Ltd. c.o.b. as Disc Electric, 2000 CanLII 12910

J. Knight

G. McMenemy

D. L. Gee

Consent order issued declaring responding employers related and bound by collective agreement, with $2,000 settlement.

The applicant union filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995, and referred a grievance to arbitration against the responding employers.

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

The Board issued a consent order declaring the responding employers to be related employers bound by the applicable collective agreement.

The Board also ordered one of the responding employers to pay $2,000 in settlement and granted leave to withdraw the grievance referral.

Sheet Metal Workers’ International Association, Local 30 v. Acura Sheet Metal Company Limited, 2000 CanLII 12896

D. L. Gee

Board cannot extend time to pay monies into trust for an Employment Standards Act review application.

The applicant filed an application for review of an order to pay under the Employment Standards Act but failed to pay the required monies into trust.

The applicant requested an extension of time to pay the funds into trust.

The Ontario Labour Relations Board declined the request, holding that its discretion under section 68(4) is to extend the time for applying for a review, not to extend the time for paying monies into trust, which is a condition precedent to a complete application.

1100108 Ontario Ltd. o/a Casino Country v. Doina Cambrea et al, 2000 CanLII 6935

J. Knight

G. McMenemy

D. L. Gee

Board orders second representation vote to protect ballot secrecy rather than counting a single segregated ballot.

The Board issued a procedural decision regarding a union certification application and related unfair labour practice complaints.

The Board determined that a single segregated ballot cast by an employee could not be counted, as doing so would reveal how the individual voted, violating the secrecy of the ballot.

Instead, the Board ordered a second representation vote.

The Board also dismissed the responding party's request to dismiss one of the complaints for failing to make out a prima facie case.

Further submissions were directed regarding the responding party's request to add two names to the voters list.

Labourers’ International Union of North America, Local 183 v. Mason Homes Limited, 2000 CanLII 12350

D. L. Gee

Applications withdrawn by leave of the Board.

The applicant, Dofasco Inc., sought to withdraw its applications against the Ministry of Labour and an inspector.

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

Dofasco Inc. v. R. A. Den Bok, Inspector and Ministry of Labour, 2000 CanLII 6407

D. L. Gee

Application terminated following execution of a settlement between the parties.

The applicant and the responding party, Mt.

Pleasant Stereo Inc., executed a settlement.

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

Phillip Allen v. Mt. Pleasant Stereo Inc., 2000 CanLII 2636

D. L. Gee

Board ordered further consultation and directed union to file further response detailing alleged past practice.

The applicant filed a complaint under section 74 of the Labour Relations Act, 1995, alleging that the responding party union gave preferential treatment to another employee who assisted the union in displacing the prior trade union, and discriminated against the applicant based on her union support.

Following a consultation, the Board directed the matter to be listed for a further day of consultation and ordered the responding party to file a further response detailing the facts and its reliance on an alleged past practice regarding crediting time spent outside the bargaining unit.

Blanch McIntosh v. United Food and Commercial Workers International Union, Local 351, 2000 CanLII 12918

D. L. Gee