D. L. Gee

OLRBOntario Labour Relations BoardJan 21, 2000

Board grants request for reconsideration and lists matter for consultation.

The applicant filed a request for reconsideration of a previous Board decision that had dismissed the application on the basis of delay.

The Board granted the request for reconsideration, directing the Registrar to list the matter for a one-day consultation and setting deadlines for both parties to file their documents and responses.

Christopher Tinkasimire v. National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW Canada) and its Local 1132, 2000 CanLII 12725

D. L. Gee

OLRBOntario Labour Relations BoardJan 21, 2000

Application withdrawn by leave of the Board.

The applicant, Falconbridge Limited – Fraser Mine, sought to withdraw its application against the Sudbury Mine Mill and Smelter Workers Union Local 598/CAW and the Ministry of Labour.

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

Falconbridge Limited – Fraser Mine v. Sudbury Mine Mill and Smelter Workers Union Local 598/CAW, 2000 CanLII 3971

D. L. Gee

OLRBOntario Labour Relations BoardJan 20, 2000

Board directed reservice of application materials to corrected addresses after original mailings were returned.

The Ontario Labour Relations Board directed the Case Processing Assistant to resend application materials and notices of hearing to the responding parties by overnight courier.

The original mailings had been returned due to incorrect addresses or improper attention lines.

The Board provided the corrected addresses for service.

Drywall Acoustic Lathing and Insulation Local 675 v. Robert D. Kelso (C.N.R. Contracting), 2000 CanLII 12705

G. Pickell

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardJan 19, 2000

Hearing adjourned on agreement of the parties.

The Ontario Labour Relations Board adjourned the hearing of three related matters on the agreement of the parties.

The panel noted that it was not seized of the matters.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 46 v. Pineview Plumbing Ltd., 2000 CanLII 12807

J. Pickell

OLRB0 cases2000–2001

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardJan 19, 2000

Board adjourns scheduled hearing dates and lists four related matters together for hearing.

The Ontario Labour Relations Board adjourned the scheduled hearing dates for two files on the agreement of the parties.

The Board directed the Registrar to list all four related matters together for hearing on May 24, and August 16 and 17, 2000.

Toronto & District Carpentry Contractors Association v. Carpenters & Allied Workers Local 27, 2000 CanLII 12989

D. L. Gee

OLRBOntario Labour Relations BoardJan 17, 2000

Union certification granted after employer withdrew objections to trade union status.

The applicant union applied for certification and won a representation vote.

The responding party withdrew its objections regarding the applicant's trade union status and a related union bar.

Based on the filed materials, the Board found the applicant to be a trade union within the meaning of the Labour Relations Act, 1995.

A certificate was issued to the applicant for the agreed-upon bargaining unit.

Hotel, Hospitality & Casino Workers Union v. Renaissance Fallsview Hotel, 2000 CanLII 12433

D. L. Gee

OLRBOntario Labour Relations BoardJan 17, 2000

Application for review terminated following parties' execution of Minutes of Settlement.

The applicant sought a review of a refusal to issue an order to pay under the Employment Standards Act.

The parties entered into Minutes of Settlement with the assistance of a Labour Relations Officer, agreeing to a payment of $2,178.00.

As the settlement resolved all issues, the Board terminated the application pursuant to section 69.1(5) of the Act.

Adel Khalif v. Novell Sanitation Supplies and Equipment Ltd., 2000 CanLII 3847

D. L. Gee

OLRBOntario Labour Relations BoardJan 17, 2000

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

The applicant union filed an application 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, after which it would be deemed terminated if no request to proceed was made.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall Concord Ltd., 2000 CanLII 5351

D. L. Gee

OLRBOntario Labour Relations BoardJan 14, 2000

Extension of time granted for filing submissions with strict deadlines set.

The applicant requested an extension of time to file its submissions.

The Ontario Labour Relations Board granted the extension to January 18, 2000, and set subsequent deadlines for the Ministry of Labour's submissions and the applicant's reply.

The Board noted that no further extensions would be granted.

North Park Dental Centre operated by Dr. Dilshad Hirji v. Lisa Allen and Ministry of Labour, 2000 CanLII 8969

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJan 14, 2000

Representation vote directed in construction industry certification application; ballots segregated pending single employer determination.

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 appeared to have the requisite membership support of not less than forty percent of the individuals in the proposed bargaining unit.

The Board directed that a representation vote be taken, with all ballots segregated and the ballot box sealed pending the resolution of whether the responding parties constitute a single employer for the purposes of the Act.

International Brotherhood of Electrical Workers, Local 1739 v. N.S.E. 2000 Inc., 2000 CanLII 5283

Mr. Coetzee

1 case2000–2000

D. L. Gee

OLRBOntario Labour Relations BoardJan 12, 2000

Extension of time granted for filing submissions and reply submissions.

The Adjudicator granted the Ministry of Labour an extension of time to file its submissions to January 24, 2000, and granted the applicant an extension to file reply submissions to February 1, 2000.

Katharine E. Renison a Director for Pathex International v. Ministry of Labour, 2000 CanLII 3973

D. L. Gee

OLRBOntario Labour Relations BoardJan 11, 2000

Board revokes termination of ESA review application and grants extension to file proper forms.

The applicant sought a review under the Employment Standards Act but the application was initially terminated for failure to use the proper forms.

The applicant's representative informed the Board that they had not received the Board's instructions due to an incomplete mailing address.

The Board revoked its previous termination decision and granted the applicant 10 days to file the application using the correct forms.

Merit Towing Corporation v. Randy Grant and Ministry of Labour, 2000 CanLII 9311

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJan 10, 2000

Hearing adjourned and production order issued after responding parties failed to appear.

The applicant requested an adjournment and a production order after the responding parties failed to appear at the scheduled hearing.

The Ontario Labour Relations Board adjourned the hearing and ordered the responding parties to produce required returns and payroll records pursuant to section 111 of the Labour Relations Act, 1995.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Connect Mechanical Systems Inc., 2000 CanLII 8764

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJan 5, 2000

Board corrects previous decision to order payment of damages and costs for collective agreement violation.

The Ontario Labour Relations Board issued a decision to correct an error in its previous decision dated January 4, 2000.

The Board revoked and replaced paragraph 9 of that decision, declaring that the responding party is bound by and violated the Carpenters' Provincial Collective Agreement, and ordering the payment of $354.20 in damages and $1,564.00 in costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Joe Montesano operating as East Park Interiors, 2000 CanLII 8493

J. Knight

G. McMenemy

D. L. Gee

Grievance referral withdrawn by leave of the Board following a Memorandum of Agreement.

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

The parties entered into a Memorandum of Agreement on December 24, 1999.

Having regard to the terms of the agreement, the Ontario Labour Relations Board granted leave for the application to be withdrawn.

International Union of Operating Engineers, Local 793 v. Osler Paving Ltd., 2000 CanLII 2167

J. Knight

G. McMenemy

D. L. Gee

Application adjourned sine die on consent of the parties.

The applicant union filed an application against the responding party.

On agreement of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year, to be deemed terminated if no request to proceed is made within that time.

International Brotherhood of Painters and Allied Trades, Glaziers Local 1819 v. Savoy Glass, 2000 CanLII 10058

J. 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 matter would be deemed terminated if no party requested to proceed.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Sutherland-Schultz Inc., 2000 CanLII 4749

J. Knight

G. McMenemy

D. L. Gee

Employer ordered to pay damages and provide records of employment in default grievance arbitration.

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

The responding party employer failed to file a Request for Hearing and Notice of Intent to Defend.

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 that the employer violated the collective agreement by failing to provide records of employment and pay owed monies.

The Board ordered the employer to provide the records and pay damages and costs.

Sheet Metal Workers’ International Association, Local 30 v. Burchill Mechanical Systems Ltd., 2000 CanLII 6123

J. Knight

G. McMenemy

D. L. Gee