D. L. Gee

OLRBOntario Labour Relations BoardMay 30, 2001

Application dismissed without a hearing for delay and failure to establish a prima facie case.

The applicant filed an application against the responding party union.

The Board previously issued a decision indicating it was persuaded to dismiss the matter without a hearing due to delay and failure to establish a prima facie case, and directed the applicant to file submissions.

The applicant failed to file any submissions by the extended deadline.

Consequently, the Board dismissed the application for delay and for failing to set out a prima facie case.

Charles Cutler v. Teamsters Local Union 880, 2001 CanLII 5955

Board amends previous decision to correct the name of the applicable collective agreement.

The Ontario Labour Relations Board issued a decision amending its previous decision dated May 28, 2001.

The amendment corrected a reference to the 'Painters Provincial ICI Collective Agreement', changing it to the 'Glaziers Provincial ICI Collective Agreement' to accurately reflect the Provincial Agreement between the Architectural Glass & Metal Contractors Association and the International Union of Painters and Allied Trades.

Ivan Dorion v. International Brotherhood of Painters and Allied Trades, 2001 CanLII 14310

D. L. Gee

OLRBOntario Labour Relations BoardMay 30, 2001

Application adjourned sine die for up to one year at the applicant's request.

The applicant requested an adjournment of the application sine die.

The Ontario Labour Relations Board granted the request, adjourning the matter for a period not exceeding one year, after which it will be deemed terminated if no further action is taken.

International Brotherhood of Electrical Workers, Local 353 v. Canber Electrical Consulting Inc., 2001 CanLII 11919

D. L. Gee

Union certification granted for painters and apprentices following a successful representation vote.

The applicant trade union applied for certification as the bargaining agent for painters and painters' apprentices employed by the responding party.

Prior to the hearing, the responding party withdrew its objections and acknowledged that certificates should be issued.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the applicant, the Board directed the issuance of two certificates pursuant to section 160(1) of the Act: one for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the specified geographic areas.

The International Union of Painters and Allied Trades, Local Union 557 v. StonCor Group, RPM Canada, 2001 CanLII 4515

D. L. Gee

Deadline for filing a response extended pending the Board's decision on preliminary motions to dismiss.

The Registrar previously extended the time for filing a response.

As the Board was considering preliminary motions by the responding party and intervenor to dismiss the application for delay or failure to make out a prima facie case, the Board further extended the deadline for filing a response to 10 days following the issuance of the decision on the preliminary motions.

Mr. Frank Villella v. IBEW Local 636, 2001 CanLII 10890

D. L. Gee

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

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.

The International Union of Painters and Allied Trades, District Council 46 (Local 1891) v. Aspen Drywall Inc., 2001 CanLII 10633

Elizabeth Mitchell

31 cases1988–2001

G. Pickell

G. McMenemy

OLRB0 cases1993–2001

D. L. Gee

Termination application dismissed as no employees were performing bargaining unit work on the application date.

The applicants sought to terminate the bargaining rights of the International Brotherhood of Painters and Allied Trades in the ICI sector.

At a consultation, the Board determined that the individuals on the voters list were performing work under a Maintenance Agreement on the application date, not under the Painters Provincial ICI Collective Agreement.

As no one was eligible to vote, the termination application was dismissed.

The related grievance and unfair labour practice complaints were adjourned sine die on consent.

Dorion v. International Brotherhood of Painters and Allied Trades, 2001 CanLII 11405

Robert Leone

7 cases1995–2001

Richard J. Drmaj

2 cases1999–2001

Mike McCreary

20 cases1991–2019

Alan Minsky

3 cases1998–2001

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

D. L. Gee

OLRBOntario Labour Relations BoardMay 25, 2001

Adjournment of grievance referral denied as the matter involved collective agreement interpretation, not work assignment.

The applicant union referred a grievance to arbitration alleging the employer discriminated against a union steward by not assigning him overtime scaffolding work.

The employer and an intervenor union requested an adjournment pending the outcome of a separate jurisdictional dispute application regarding scaffolding work.

The Board denied the adjournment request, finding that the grievance involved purely a question of collective agreement interpretation and application, as the employer had already assigned the work to members of the applicant union.

The Board ruled that determining the grievance would not require assessing whether the work was correctly assigned.

Labourers’ International Union of North America, Local 1089 v. Doug Chalmers Construction Limited, 2001 CanLII 18255

D. L. Gee

OLRBOntario Labour Relations BoardMay 24, 2001

Consent order issued declaring employer bound by collective agreement and ordering $6,000 in damages.

The applicant union referred a construction industry grievance to the Ontario Labour Relations Board.

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

The Board issued a consent order declaring that the responding party is bound by the provincial collective agreement and violated its terms.

The responding party was ordered to pay $6,000 in damages as full and final settlement.

United Brotherhood of Carpenters and Joiners of America, Local 93 v. J.C. Sulpher Construction Ltd., 2001 CanLII 3407

J. G. Knight

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardMay 22, 2001

Grievance referral adjourned sine die pending disposition of related Board file.

The applicant requested an adjournment sine die pending the disposition of another Board file.

The Board granted the adjournment and ordered that the matter would be deemed terminated 60 days after the final disposition of the other file unless a party requests it be listed for hearing.

Labourers’ International Union of North America, Local 1089 v. Doug Chalmers Construction Limited, 2001 CanLII 18608

G. Pickell

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardMay 10, 2001

Hearing adjourned on consent of the parties.

The applicant brought a grievance against the responding party.

On the agreement of the parties, the Ontario Labour Relations Board adjourned the hearing to June 1, 2001.

Construction Workers Local 52 v. Elta Gas Services Ltd., 2001 CanLII 13175

D. L. Gee

OLRBOntario Labour Relations BoardMay 10, 2001

Hearing adjourned on consent to May 28, 2001.

The parties agreed to adjourn the hearing scheduled for May 10, 2001.

The Board granted the adjournment on consent and rescheduled the hearing to May 28, 2001.

The International Union of Painters and Allied Trades, (Local Union 1590) v. J. A. MacDonald (London) Ltd., 2001 CanLII 17536

D. L. Gee

OLRBOntario Labour Relations BoardMay 8, 2001

Union certification granted following a successful representation vote and agreement between the parties.

The applicant union applied for certification.

Prior to the hearing, the parties entered into an agreement resolving all issues in dispute.

The Board found the agreed-upon bargaining unit appropriate for collective bargaining.

Following a representation vote where more than fifty percent of ballots were cast in favour of the applicant, the Board ordered that a certificate issue to the applicant.

A related application was withdrawn with leave.

Canadian Union of Public Employees v. Otonabee Native Homes Inc., 2001 CanLII 20056

J. G. Knight

G. McMenemy

OLRB0 cases1993–2001

D. L. Gee

OLRBOntario Labour Relations BoardMay 8, 2001

Claim for additional damages dismissed after applicant failed to attend scheduled hearing or notify Board.

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

The Board previously issued a default decision declaring the responding party bound to the collective agreement and ordering damages.

The Board scheduled a hearing to allow the applicant to pursue additional damages accruing after the grievance referral, directing the applicant to notify the Registrar if it intended to attend.

The applicant failed to notify the Registrar and did not attend the hearing.

The Board emphasized the importance of timely communication regarding attendance to preserve scarce Board resources.

Due to the applicant's failure to attend, the Board ordered that no further damages were payable and closed the matter.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. DRS Steel Inc., 2001 CanLII 4187

J. G. Knight

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardMay 8, 2001

Grievance allowed in default proceeding; employer ordered to reinstate employees terminated for leaving site.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging unjust termination of two employees who left the job site due to bad weather when no foreman was present.

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

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

The Board found the terminations unjust, ordered immediate reinstatement, compensation for lost wages and benefits, and payment of the applicant's filing costs.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Comstock Canada Ltd., 2001 CanLII 17025

J. G. Knight

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardMay 7, 2001

Labour relations matter adjourned sine die on consent for up to one year.

The applicant union and responding employer agreed to adjourn the matter sine die for a period not to exceed one year.

The Ontario Labour Relations Board referred the matter to the Registrar to be rescheduled, noting the parties' request to relist the hearing for June 22, 2001.

The Board directed that if the matter is not relisted within one year, it will be deemed automatically terminated.

Brick and Allied Craft Union of Canada/BACU-Canada, Local 1 v. Vesuvius Canada Refractories Inc., 2001 CanLII 18497

J. G. Knight

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardMay 4, 2001

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 neither party requested to proceed.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. PCL Constructors Canada Inc., 2001 CanLII 18943

J. G. Knight

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardMay 4, 2001

Grievance referral adjourned sine die on consent of the parties.

The applicant union filed a grievance referral 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, after which it will be deemed terminated if no party requests to proceed.

Drywall Acoustic Lathing and Insulation Local 675 v. Metal Tech Systems Inc., 2001 CanLII 9257

D. L. Gee

OLRBOntario Labour Relations BoardMay 2, 2001

Employer ordered to pay over $21,000 in damages and costs in default grievance referral.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to make required remittances, remit dues, and provide records of employment.

The responding party failed to file a response.

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

The Board declared the responding party bound by the collective agreement, found it in violation, and ordered it to pay $21,161.09 in damages and $214.00 in costs.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. DRS Steel Inc., 2001 CanLII 7579

D. L. Gee