Gail Misra is a vice-chair at the Ontario Labour Relations Board with 350 decisions on record from 1994 to 2001. Key areas include employment and labour law, administrative law, other tribunals.

What tribunal does Gail Misra sit on?

Gail Misra sits on the Ontario Labour Relations Board.

What areas of law does Gail Misra decide?

Gail Misra's most common areas include Employment and Labour Law (350 decisions), Administrative Law (79 decisions), Other Tribunals (49 decisions). Gail Misra has handled 350 decisions across 5 areas.

How many decisions has Gail Misra made?

Gail Misra has 350 decisions on record from 1994 to 2001.

Who frequently appears before Gail Misra?

Representatives who frequently appear before Gail Misra include Ed Ogibowski, Bernard Fishbein, Michael McCreary.

Gail Misra — Vice-Chair

OLRBAug 13, 2001

Vice-Chair unseized herself and referred the remaining issue to another panel.

Ontario Public Service Employees Union v. City of Hamilton/Region of Hamilton-Wentowth, 2001 CanLII 13418

OLRBJun 15, 2001

Board directed that the validity of a voluntary recognition agreement be determined via written submissions.

Ontario Public Service Employees Union v. City of Hamilton/Region of Hamilton-Wentowth, 2001 CanLII 20177

OLRBJun 6, 2001

Vice-Chair unseized herself from the case due to resignation from the Board.

Ontario Nurses Association v. Durham Access to Care, 2001 CanLII 18694

OLRBMay 31, 2001

Employer violated Employment Standards Act by terminating pregnant employee; $13,639 awarded in compensation.

The applicant sought a review of an Employment Standards Officer's decision denying her claim that she was terminated because of her pregnancy.

The employer claimed she was terminated for poor attendance and inability to work full-time hours.

The Board found that the employer's reasons were not credible, as the applicant was an excellent worker and the employer had previously accommodated her schedule.

The Board concluded that the termination was tainted by consideration of her pregnancy, violating section 44 of the Employment Standards Act.

The applicant was awarded $13,639.00 in compensation, including direct wage loss, loss of reasonable expectation of continued employment, and pain and suffering.

McConnell v. Arva Industries, 2001 CanLII 20929

OLRBMay 25, 2001

City/Region found to be employer of paramedics; CUPE scope clause did not bar OPSEU certification.

The applicant union (OPSEU) applied for certification to represent paramedics.

The responding party (City/Region) claimed it was not the employer, asserting the Town of Ancaster was.

An intervenor union (CUPE) claimed the application was untimely because its existing collective agreement with the City/Region covered the paramedics.

The Board applied the York Condominium factors and found the City/Region was the employer at the time of the application, given its control over hiring, remuneration, and intention to create an employment relationship.

The Board also found that the scope clause of the CUPE collective agreement did not automatically include the new paramedic classifications, as the parties had not agreed to their inclusion, and therefore the clause did not bar OPSEU's certification application.

Ontario Public Service Employees Union v. City of Hamilton/Region of Hamilton-Wentworth, 2001 CanLII 21178

OLRBApr 19, 2001

Consent order issued reflecting parties' settlement of a director's appeal under the Employment Standards Act.

The applicant, a director of Don Baxi Agencies Inc., filed an appeal of an Employment Standards Officer's Order to Pay.

The parties reached a settlement agreement requiring the applicant to pay $19,440 to the responding party in full satisfaction of the liability.

The Ontario Labour Relations Board issued a consent order incorporating the terms of the settlement, which provided that if the funds were not paid by the specified date, the original Order to Pay would be affirmed and enforceable.

Roger Lapworth a Director for Don Baxi Agencies Inc. v. Sharon Mott and Ministry of Labour, 2001 CanLII 2924

OLRBDec 14, 2000

Union certification granted following successful representation vote.

Labourers’ International Union of North America, Local 506 v. Canadian Waste Services Inc., 2000 CanLII 8653

OLRBDec 14, 2000

Board scheduled oral arguments on section 1(4) related employer discretion to begin January 23, 2001.

Ontario Nurses Association v. Durhan Access to Care, 2000 CanLII 10545

OLRBDec 12, 2000

Application withdrawn with leave and arrest warrant cancelled.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall Systems Ltd., 2000 CanLII 7421

OLRBDec 11, 2000

Reconsideration of duty of fair representation dismissal denied; new human rights allegations cannot be raised post-hearing.

The applicant requested reconsideration of a Board decision dismissing her duty of fair representation complaint against the union.

She argued that she was disadvantaged by a language barrier, lacked counsel at the hearing, and that the Board failed to address human rights issues.

The Board granted an extension of time to file the request but dismissed the reconsideration on the merits, finding that the applicant fully participated in the hearing, that human rights allegations were not raised in her original pleadings, and that the Board's jurisdiction in a duty of fair representation consultation differs from that of an arbitrator.

Rosalina Papa v. Hotel Employees Restaurant Employees Union, Local 75, 2000 CanLII 12508

OLRBDec 11, 2000

Board issues consent order for $2,160.13 in damages following grievance referral.

The applicant union referred a grievance to the Ontario Labour Relations 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, had violated it, and ordering the payment of $2,160.13 in damages.

Brick and Allied Craft Union of Canada /BACU-Canada Local 2, Toronto/Barrie, Ontario v. Joseph Seymour Lloyd c.o.b. as Dynamic Coatings, 2000 CanLII 8833

OLRBDec 11, 2000

Grievance referral resolved by Memorandum of Agreement; responding party ordered to pay $2,000 in damages.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Frank Busseri c.o.b. as an unincorporated entity known as TEK Drywall & Acoustics, 2000 CanLII 10978

OLRBDec 7, 2000

Reconsideration denied; Board lacks discretion to extend time for paying order to pay into trust.

The applicant requested reconsideration of a decision terminating its application for review of an order to pay under the Employment Standards Act.

The application was terminated because the applicant failed to pay the amount of the order into trust.

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

The Ontario Labour Relations Board declined to reconsider the decision, holding that its discretion under subsection 68(4) is to extend the time for applying for a review, not to extend the time for paying monies into trust.

An application for review is not complete unless the monies have been paid into trust.

Mar-Mac Holdings (St. Thomas) Ltd. o/a McDonald Mail Services v. Melissa Boulerice and Ministry of Labour, 2000 CanLII 9192

OLRBDec 7, 2000

Grievance resolved at hearing; responding party agreed to pay outstanding benefits.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investors and Builders Ltd., 2000 CanLII 4947

OLRBDec 6, 2000

Arrest warrant issued for responding party's principal who failed to attend hearing after being summoned.

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

A principal of the responding party was properly served with a summons and conduct money but failed to attend the scheduled hearing.

The applicant requested an arrest warrant.

The Board, exercising its powers under sections 48(12)(d) and 111(2)(c) of the Labour Relations Act, 1995, issued a warrant for the arrest of the witness to compel his attendance and the production of required documents at the continuation of the hearing.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall Systems Ltd., 2000 CanLII 8622

OLRBDec 6, 2000

Board issued an arrest warrant for a witness who failed to attend a grievance hearing.

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

When the responding party failed to appear at the scheduled hearing, the applicant requested an arrest warrant for a principal of the responding party.

The Board found that the principal had been properly served with a summons and conduct money, and that his presence and the requested documents were material to the ends of justice.

Pursuant to its authority under the Labour Relations Act, the Board issued an arrest warrant to compel the witness's attendance at the continuation of the hearing.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Peelco Construction Services Limited, 2000 CanLII 10399

OLRBDec 5, 2000

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

Brick and Allied Craft Union of Canada, Local 31 v. Bondfield Construction Company (1983) Limited, 2000 CanLII 9735

OLRBDec 5, 2000

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

Brick and Allied Craft Union of Canada/Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftspersons v. PCL Constructors Canada Inc., 2000 CanLII 6872

OLRBDec 4, 2000

The Board directed the Registrar to set hearing dates following the resolution of a related matter.

Ontario Nurses Association v. Durham Access to Care, 2000 CanLII 12505

OLRBNov 30, 2000

Related employer application dismissed as competitive bidding process did not constitute labour relations mischief.

The applicant union sought a related employer declaration under section 1(4) of the Labour Relations Act, 1995, arguing that the responding party service providers and the community care access centre constituted a single employer.

The responding parties brought a preliminary motion to dismiss the application, arguing that even if the prerequisites of section 1(4) were met, the Board should not exercise its discretion to grant the declaration.

The Board agreed, finding that the loss of work by the unionized service provider was due to a government-mandated competitive bidding process, not a scheme to defeat bargaining rights.

The Board concluded there was no labour relations mischief to remedy and dismissed the application without a hearing on the merits.

Ontario Public Service Employees Union v. City of Hamilton/Region of Hamilton-Wentowth, 2001 CanLII 13418

Ontario Public Service Employees Union v. City of Hamilton/Region of Hamilton-Wentowth, 2001 CanLII 20177

Ontario Nurses Association v. Durham Access to Care, 2001 CanLII 18694

McConnell v. Arva Industries, 2001 CanLII 20929

Ontario Public Service Employees Union v. City of Hamilton/Region of Hamilton-Wentworth, 2001 CanLII 21178

Roger Lapworth a Director for Don Baxi Agencies Inc. v. Sharon Mott and Ministry of Labour, 2001 CanLII 2924

Labourers’ International Union of North America, Local 506 v. Canadian Waste Services Inc., 2000 CanLII 8653

Ontario Nurses Association v. Durhan Access to Care, 2000 CanLII 10545

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall Systems Ltd., 2000 CanLII 7421

Rosalina Papa v. Hotel Employees Restaurant Employees Union, Local 75, 2000 CanLII 12508

Brick and Allied Craft Union of Canada /BACU-Canada Local 2, Toronto/Barrie, Ontario v. Joseph Seymour Lloyd c.o.b. as Dynamic Coatings, 2000 CanLII 8833

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Frank Busseri c.o.b. as an unincorporated entity known as TEK Drywall & Acoustics, 2000 CanLII 10978

Mar-Mac Holdings (St. Thomas) Ltd. o/a McDonald Mail Services v. Melissa Boulerice and Ministry of Labour, 2000 CanLII 9192

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investors and Builders Ltd., 2000 CanLII 4947

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall Systems Ltd., 2000 CanLII 8622

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Peelco Construction Services Limited, 2000 CanLII 10399

Brick and Allied Craft Union of Canada, Local 31 v. Bondfield Construction Company (1983) Limited, 2000 CanLII 9735

Brick and Allied Craft Union of Canada/Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftspersons v. PCL Constructors Canada Inc., 2000 CanLII 6872

Ontario Nurses Association v. Durham Access to Care, 2000 CanLII 12505

Service Employees International Union, Local 204 v. Durham Access to Care, 2000 CanLII 12981

for Allstate Insurance Company of Canada

for Bancroft I.G.A.

for Bayshore

for Buttcon Limited

for Comcare

for CUPE

for CUPE, Local 3875

for Desiree Grabarczyk et al and Irene Quirk

for Durham Access to Care

for Enwave District Energy Limited

for Extendicare (Canada) Inc.

for IBEW, Local 586

for John Timothy Denton and Diane Denton

for Katalin Lanczi Pharmacy Ltd. c.o.b. as Shoppers Drug Mart

for Kawartha

for Labourers', Local 183

for Masonry Council of Unions, Toronto & Vicinity and Bricklayers Masons Independent Union of Canada, Local 1

for MCA Concerts Canada

for MegaTech Electrical

for Native Child and Family Services of Toronto

for Ontario Hosiery Mfg. Co. Inc.

for Ontario Nurses' Association

for Ontario Place Corporation

for Oxville and Fernbrook

for Pamela Blais

for ParaMed

for Peter Menzies

for Practical Nurses Federation of Ontario

for Red Cross

for Retail Wholesale Canada, Canadian Service Sector Division of the United Steelworkers of America, Locals 414, 422, 440, 448, 461, 483, 488, 1000 and 1688

for Saint Elizabeth Health Care - Durham Region

for St. Joseph's Hospital, Brantford

for the applicant

for the Applicant

for the applicant and the intervenor

for the applicants

for The Brantford General Hospital

for the Canadian Union of Operating Engineers and General Workers

for the Canadian Union of Public Employees, Local 416

for the employer

for the Employer

for the Fort William Clinic

for the Group of Employees of Banlake Associates Ltd. c.o.b. as Bancroft I.G.A.

for the interested party

for the International Brotherhood of Electrical Workers and the International Brotherhood of Electrical Workers, Local 1687

for the intervenor

for the Intervenor

for the Labourers’ International Union of North America, Ontario Provincial District Council

for the Ministry of Labour

for the objector

for the objectors

for the responding parties

for the responding parties in Board File No. 3671-98-ES

for the responding party

for the responding party employee

for the responding party in Board File No. 3945-98-ES

for the responding party Multi-Professional Support Services Inc.

for the Service Employees Union, Local 268

for the trade union

for the Union