D. L. Gee

OLRBOntario Labour Relations BoardAug 22, 2001

Board directs second representation vote and enforces settlement terms in union certification application.

The applicant union and responding employer entered into Minutes of Settlement regarding an application for certification and an unfair labour practice complaint.

The Board directed a second representation vote to be held, as no employees cast ballots in the first vote.

The Board also ordered the employer to facilitate a meeting between the union and employees during working hours, pay employees for their time, and pay $550 in damages to settle the unfair labour practice complaint concerning a terminated employee.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Con Lawn Construction & Landscaping Inc., 2001 CanLII 15540

D. L. Gee

OLRBOntario Labour Relations BoardAug 22, 2001

Application withdrawn with leave of the Board.

The applicant, Construction Workers Local 53, sought to withdraw its application against the responding party, Ben Bruinsma & Sons Limited.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Construction Workers Local 53 v. Ben Bruinsma & Sons Limited, 2001 CanLII 5635

Grievance referral adjourned sine die 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.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787 v. Black & McDonald Limited, 2001 CanLII 3753

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardAug 1, 2001

Grievance application adjourned sine die on consent of the parties.

The applicant union filed a grievance against the responding party.

On consent of the parties, the Board revoked its previous decision and adjourned the application sine die for a period not exceeding one year.

Universal Workers Union, L.I.U.N.A., Local 183 v. Osler Paving & Construction Ltd., 2001 CanLII 16137

D. L. Gee

OLRBOntario Labour Relations BoardJul 31, 2001

Applicants directed to file submissions responding to a document production request.

The responding party and intervenor requested an order for document production from the applicants.

The Ontario Labour Relations Board directed the applicants to file any submissions in response to the request by August 17, 2001.

Greater Essex County District School Board v. United Brotherhood of Carpenters and Joiners of America, Local 494, 2001 CanLII 20304

J. G. Knight

G. McMenemy

D. L. Gee

Consent order issued requiring employer to pay outstanding union remittances and liquidated damages.

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

Prior to the hearing, the parties entered into Minutes of Settlement.

The Board issued a consent order declaring that the responding party was bound by the collective agreement and had violated it by failing to make timely remittances to the union's health, welfare, and pension funds.

The Board ordered the responding party to pay $15,570.03 in outstanding remittances, $989.65 in liquidated damages, and $214.00 for the union's filing fees.

Universal Workers Union, L.I.U.N.A., Local 183 v. Fino Contracting Inc., 2001 CanLII 14675

J. G. Knight

G. McMenemy

D. L. Gee

Consent order issued requiring employer to pay outstanding remittances and liquidated damages following grievance settlement.

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

Prior to the hearing, the parties entered into Minutes of Settlement.

The Board issued a consent order declaring that the responding party was bound by the collective agreement and had violated it by failing to make timely remittances to various funds.

The Board ordered the responding party to pay $12,276.20 in remittances, $737.83 in liquidated damages, and $214.00 for filing fees.

Universal Workers Union, L.I.U.N.A., Local 183 v. Fourwinds Construction Inc., 2001 CanLII 18593

J. G. Knight

G. McMenemy

D. L. Gee

Hearing adjourned at the request of the applicant with no appearance by the responding party.

The applicant requested an adjournment of the scheduled hearing.

As no one appeared on behalf of the responding party, the Ontario Labour Relations Board granted the request and adjourned the hearing to August 13, 2001.

Universal Workers Union, L.I.U.N.A., Local 183 v. Choiceland Contracting Limited, 2001 CanLII 13330

J. G. Knight

G. McMenemy

D. L. Gee

Hearing adjourned to August 13, 2001 at the request of the applicant.

The applicant requested an adjournment of the hearing scheduled for July 30, 2001.

With no one appearing on behalf of the responding party, the Ontario Labour Relations Board granted the request and adjourned the matter to August 13, 2001.

Universal Workers Union, L.I.U.N.A., Local 183 v. Metro Forming Ltd., 2001 CanLII 15409

J. G. Knight

G. McMenemy

D. L. Gee

Board issued consent orders for unpaid remittances and damages following parties' settlement of grievance.

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

Prior to the hearing, the parties entered into Minutes of Settlement.

The Board issued orders and declarations in accordance with the settlement, declaring the responding party bound by the collective agreement and ordering it to pay outstanding remittances, liquidated damages, and compensation for filing fees.

Universal Worker’s Union, L.I.U.N.A., Local 183 v. Fourwinds Construction Inc., 2001 CanLII 12860

J. G. Knight

G. McMenemy

D. L. Gee

Hearing adjourned at applicant's request with no appearance by responding party.

The applicant requested an adjournment of the scheduled hearing.

As no one appeared on behalf of the responding party, the Ontario Labour Relations Board granted the request and adjourned the hearing to a later date.

Universal Workers Union, L.I.U.N.A., Local 183 v. Cobra Drain & Development Corporation, 2001 CanLII 18761

J. G. Knight

G. McMenemy

D. L. Gee

Hearing adjourned to August 13, 2001 at the applicant's request.

The applicant requested an adjournment of the hearing scheduled for July 30, 2001.

With no one appearing on behalf of the responding party, the Ontario Labour Relations Board granted the request and adjourned the hearing to August 13, 2001.

Universal Workers Union, L.I.U.N.A., Local 183 v. Osler Paving & Construction Ltd., 2001 CanLII 13077

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 27, 2001

Board issues related employer declarations and permits withdrawals pursuant to parties' Minutes of Settlement.

The applicant union brought an application under sections 69 and 1(4) of the Labour Relations Act, 1995, and referred a grievance to arbitration under section 133.

Prior to the hearing, the parties entered into Minutes of Settlement.

Having regard to the settlement, the Board issued declarations that the responding corporate entities and individual were related employers and bound by the relevant collective agreements.

The application against Marsand Contracting Inc. and the grievance referral were withdrawn with leave of the Board.

Drywall Acoustic Lathing and Insulation Local 675 v. Sipico Drywall Inc., 2001 CanLII 2900

D. L. Gee

OLRBOntario Labour Relations BoardJul 26, 2001

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

The applicant filed an application against the responding party.

The style of cause was amended to reflect the correct name of the responding party.

Having regard to the Minutes of Settlement filed, the application was withdrawn with leave of the Board.

United Association of Journeypersons and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787 v. Cimco Refrigeration, a division of Toromont Industries Ltd., 2001 CanLII 9131

D. L. Gee

OLRBOntario Labour Relations BoardJul 24, 2001

Duty of fair representation complaint dismissed for failing to plead facts establishing improper union conduct.

The applicant filed a duty of fair representation complaint against the union after it decided not to pursue his layoff grievance to arbitration.

The union and the employer requested that the application be dismissed for failing to make out a prima facie case.

The Board found that the applicant failed to plead any facts suggesting the union acted arbitrarily, discriminatorily, or in bad faith.

The application was dismissed.

John Pavich v. International Association of Machinists and Aerospace Workers, Local 1120, 2001 CanLII 3191

D. L. Gee

OLRBOntario Labour Relations BoardJul 24, 2001

Union's preliminary request to dismiss duty of fair representation application denied; matter scheduled for consultation.

The applicants filed an application under section 74 of the Labour Relations Act, 1995.

The responding union requested that the application be dismissed on a preliminary basis, arguing that it failed to plead facts establishing a violation or supporting monetary damages, and that no labour relations purpose would be served by an inquiry.

The Board declined to dismiss the application at this stage and referred the matter to the Registrar to schedule a consultation, noting the union could renew its request at that time.

McCorkindale v. Ontario Public Service Employees Union, 2001 CanLII 13874

D. L. Gee

OLRBOntario Labour Relations BoardJul 24, 2001

Application adjourned sine die on consent of the parties.

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 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. E.C.C.I. Inc., 2001 CanLII 10782

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 12, 2001

Grievance referral adjourned sine die on consent of the parties.

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

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

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Steel Technologies Framing Inc., 2001 CanLII 2808

W.J. McNaughton

6 cases1980–2005

Micheil Russell

6 cases1995–2021

Laurence C. Arnold

24 cases1981–2001

J. Raso

19 cases1992–2001

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 12, 2001

Board declined to interfere with employer's assignment of tank installation work as all jurisdictional factors were neutral.

The Sheet Metal Workers applied for a determination concerning a work assignment dispute under section 99 of the Labour Relations Act, 1995, regarding the installation of wine tanks at a project in Niagara-on-the-Lake.

The employer, E.S. Fox Limited, had assigned the work to the Sheet Metal Workers.

The U.A. Local 666 and the Boilermakers argued the work should have been assigned to their members in accordance with a trade agreement (INFO-67).

The Board assessed the typical factors for jurisdictional disputes, including collective bargaining relationships, skill and training, economy and efficiency, employer practice, area practice, and trade agreements.

Finding that all factors were neutral and no single factor strongly favoured any one trade, the Board declined to interfere with the employer's original assignment of the work to the Sheet Metal Workers.

Sheet Metal Workers’ International Association, Local 537 v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 666, 2001 CanLII 4346

D. L. Gee