Gail Misra

Gail Misra

A. Haward

OLRBOntario Labour Relations BoardNov 8, 2000

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 759 v. Lafarge Canada Inc., 2000 CanLII 8719

Gail Misra

Board ordered disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

The applicant employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Board ordered the funds held in trust by the Director to be disbursed in accordance with the settlement, with $1,700 paid to the employee, $500.02 returned to the employer, and the $220 administration fee retained by the Consolidated Revenue Fund.

Stadium Realty Limited v. Eva Wong and Ministry of Labour, 2000 CanLII 8523

Gail Misra

Application for review of an Order to Pay terminated due to employer's failure to file correct forms.

The applicant employer sought a review of an Order to Pay issued against it under the Employment Standards Act.

The Ontario Labour Relations Board notified the employer that its application was not filed on the correct forms and provided a 10-day extension to rectify the deficiency.

The employer failed to submit the required forms within the extended time limit.

Consequently, the Board terminated the matter.

Hong Lae Company Limited v. Ministry of Labour, 2000 CanLII 8088

Gail Misra

Application for review terminated after applicant failed to correct procedural filing defect.

The applicant filed an application for review of an Employment Standards Officer's decision by facsimile, which failed to comply with the Board's Rules of Procedure.

The Board notified the applicant of the defect and provided ten days to refile the application properly.

The applicant failed to refile within the allotted time, and the Board terminated the matter.

Adrian Forbes-Leith v. 928126 Ontario Inc. o/a Druxy’s Famous Deli Sandwiches #70, 2000 CanLII 4032

Gail Misra

Request for further particulars in construction industry grievance referral denied as pleadings were sufficient.

The responding party requested an order for further particulars regarding two construction industry grievances referred to arbitration under section 133 of the Labour Relations Act, 1995.

The Board found that the applicant had sufficiently identified the breached collective agreement articles and the relevant time periods.

The Board declined to order further pleadings regarding the specific amount of damages sought at this early stage and dismissed the responding party's request.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Sterling Carpet & Tile, 2000 CanLII 3451

Gail Misra

Application for review terminated due to employer's failure to file correct forms.

The employer sought to review an Order to Pay under the Employment Standards Act but failed to file the application on the correct form.

The Board provided the correct forms and granted a 10-day extension.

The employer did not submit the required forms within the extended time limit.

Consequently, the Board terminated the matter.

S.A.R. Gas Services Inc. v. Ministry of Labour, 2000 CanLII 2483

R. R. Montague

J. A. Rundle

Gail Misra

OLRBOntario Labour Relations BoardNov 3, 2000

Style of cause amended to reflect the correct name of the responding party union.

The Ontario Labour Relations Board issued a decision amending the style of cause in an application to reflect the correct name of the responding party union, changing it from 'Ontario Public Service Employees’ Union, Local 655' to 'Ontario Public Service Employees’ Union'.

A new certificate was issued to reflect the correct name of the bargaining agent.

Timiskaming Child and Family Service v. Ontario Public Service Employees’ Union, 2000 CanLII 10730

R. R. Montague

J. A. Rundle

Gail Misra

The Board issued a corrected certificate to reflect the proper name of the bargaining agent.

The Ontario Labour Relations Board issued a decision to correct an error in a previously issued certificate regarding the name of the bargaining agent in an application involving Timiskaming Child and Family Service, the Ontario Public Service Employees' Union, Local 665, and the United Steelworkers of America, Local 6409.

A new certificate was issued to reflect the correct name.

Timiskaming Child and Family Service v. Ontario Public Service Employees’ Union, Local 665, 2000 CanLII 9272

Gail Misra

Request to adjourn hearing and consolidate arguments denied.

The applicant requested an adjournment of a hearing scheduled for November 1, 2000, and asked the Board to hear arguments on both this file and another related file.

The Ontario Labour Relations Board denied the request, directing the parties to proceed with the hearing as scheduled and as outlined in a previous decision.

Ontario Nurses Association v. Durham Access to Care, 2000 CanLII 7434

Gail Misra

OLRBUnanimous0 cases1980–2001

Adjournment request denied; hearing to proceed as scheduled on a single file.

The applicant requested an adjournment of a hearing scheduled for November 1, 2000, and asked that arguments be heard on this file and another file together.

The Ontario Labour Relations Board denied the adjournment request and directed that the hearing proceed as scheduled, dealing only with the present application.

Service Employees International Union, Local 204 v. Durham Access to Care, 2000 CanLII 7925

J. A. Ronson

H. Peacock

OLRBUnanimous0 cases1987–2001

Gail Misra

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification as the bargaining agent for cleaning and maintenance employees of the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board certified the union and ordered a certificate to issue.

United Food and Commercial Workers International Union Local 175 v. Hurley Corporation, 2000 CanLII 7648

Gail Misra

OLRBOntario Labour Relations BoardOct 25, 2000

Section 69 sale of business applications dismissed; prima facie case found for section 1(4) related employer applications.

The applicants, SEIU and ONA, brought applications under sections 69 and 1(4) of the Labour Relations Act, alleging that the introduction of a managed competition process by Durham Access to Care resulted in a sale of a business and that the service providers were related employers.

The responding parties brought a preliminary motion to dismiss the applications for failing to establish a prima facie case.

The Board dismissed the section 69 applications, finding that the transfer of work through a competitive bidding process did not constitute a sale of a business.

However, the Board found that the applicants had pled a prima facie case for a related employer declaration under section 1(4) and directed the parties to make submissions on whether the Board should exercise its discretion to grant the declaration.

Service Employees International Union, Local 204 v. Durham Access to Care, 2000 CanLII 7273

R. R. Montague

J. A. Rundle

Gail Misra

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board certified the union as the bargaining agent for the agreed-upon bargaining unit of employees at The Korea Times Ltd. in Toronto.

Communications, Energy & Paperworkers Union of Canada v. The Korea Times Ltd., 2000 CanLII 10538

R. R. Montague

J. A. Rundle

Gail Misra

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw her application against the Canadian Union of Public Employees and its Local 1590.

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

Marcia Morris v. Canadian Union of Public Employees and its Local 1590, 2000 CanLII 9190

Gail Misra

Extension of time to file a response granted.

The responding party requested an extension of time to file a response.

The Ontario Labour Relations Board granted the request, extending the deadline to November 2, 2000.

Drupatie (Mona) Bissoondial v. Service Employees International Union, Local 204, 2000 CanLII 8983

R. R. Montague

J. A. Rundle

Gail Misra

Board declares OPSEU Local 665 as bargaining agent following successful representation vote.

The applicant employer applied for a determination regarding representation.

Following a representation vote where more than 50% of ballots were cast in favour of the Ontario Public Service Employees' Union, Local 665, the Board declared OPSEU Local 665 as the bargaining agent for the agreed-upon bargaining unit.

The Board further declared that the applicant was no longer bound to a collective agreement with the United Steelworkers of America, Local 6409.

Timiskaming Child and Family Service v. Ontario Public Service Employees’ Union, Local 665, 2000 CanLII 7310

R. R. Montague

J. A. Rundle

Gail Misra

Application withdrawn with leave of the Board.

The applicant union filed an application against the responding party employer before the Ontario Labour Relations Board.

The application was withdrawn with leave of the Board.

Amalgamated Transit Union, Local 1587 v. Greater Toronto Transit Authority (Go Transit), 2000 CanLII 7243

Gail Misra

Time for filing a response extended to October 25, 2000.

The responding parties requested an extension of time to file a response.

The Ontario Labour Relations Board granted the request, extending the deadline to October 25, 2000.

Canadian Union of Public Employees and its Local 3896 v. Senior Peoples’ Resources in North York a.k.a. Sprint, 2000 CanLII 3149

Gail Misra

Employment and Labour Law

Extension of time granted to review Order to Pay after four-year delay in enforcement.

The applicant employer sought an extension of time to file an application for review of an Order to Pay under the Employment Standards Act.

The applicant had contacted the Employment Standards Officer immediately after the Order was issued, but no further action was taken for four years until a collection agency approached the applicant.

The Ministry of Labour supported the extension request, and the employee did not oppose it.

The Board exercised its discretion under section 68(4) of the Act to extend the time for filing.

Timothy Tennant o/a Tri-Star Athletics v. Jeff Turner and Ministry of Labour, 2000 CanLII 2151

for Allstate Insurance Company of Canada

Catherine PetersCounsel
1 appearance
Tricia BiglowCounsel
1 appearance
Seann McAleeseCounsel
1 appearance

for Bancroft I.G.A.

Bud SchramnAgent
1 appearance
David M. ChondonCounsel
1 appearance

for Bayshore

Daina GroskaufmanisCounsel
1 appearance

for Buttcon Limited

Robert A. BoothCounsel
1 appearance

for Comcare

John MacKenzieCounsel
1 appearance
Glenn ChristieCounsel
1 appearance

for CUPE

Mark GallinaUnion representative
1 appearance
Nick MilanovicUnion representative
1 appearance
Michael StokesUnion representative
1 appearance
Gus OliveiraUnion representative
1 appearance

for CUPE, Local 3875

Joanne McKennaCounsel
1 appearance
Gina GignacCounsel
1 appearance
Judith McCormackCounsel
1 appearance

for Desiree Grabarczyk et al and Irene Quirk

Sari GarnerAgent
1 appearance

for Durham Access to Care

Maureen HoustonCounsel
1 appearance
Tom OlesonCounsel
1 appearance

for Enwave District Energy Limited

Graham HardingCounsel
1 appearance
James B. NoonanCounsel
1 appearance

for Extendicare (Canada) Inc.

Tom KitchenCounsel
1 appearance
Patricia G. MurrayCounsel
1 appearance

for IBEW, Local 586

James BarryCounsel
1 appearance
Michael GottheilCounsel
1 appearance

for John Timothy Denton and Diane Denton

Tim DentonCounsel
1 appearance

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

A.D.G. PurdyCounsel
1 appearance
Katalin LancziAgent
1 appearance
Susan NicholasAgent
1 appearance

for Kawartha

Lee ShouldiceCounsel
1 appearance
Lyn LintonCounsel
1 appearance
Deborah WarrenCounsel
1 appearance

for Labourers', Local 183

Mark J. LewisCounsel
1 appearance
Mario MoschellaCounsel
1 appearance
Nicholas KeresztesiCounsel
1 appearance

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

Mark LewisCounsel
1 appearance

for MCA Concerts Canada

James KnightCounsel
1 appearance
Martin OnrotAgent
1 appearance

for MegaTech Electrical

Phil Harris Sr.Counsel
1 appearance
Simone NajgaldbergCounsel
1 appearance
Jay RiderCounsel
1 appearance

for Native Child and Family Services of Toronto

A. CraigCounsel
1 appearance
K. RichardCounsel
1 appearance
Bill McNaughtonCounsel
1 appearance
A. P. TarasukCounsel
1 appearance

for Ontario Hosiery Mfg. Co. Inc.

Donald B. JarvisCounsel
1 appearance
Bipin KhimasiaCounsel
1 appearance

for Ontario Nurses' Association

Jim FraserCounsel
1 appearance
Risa PancerCounsel
1 appearance

for Ontario Place Corporation

Michael FleishmanCounsel
1 appearance
Lou SeilerAgent
1 appearance

for Oxville and Fernbrook

Mike RiccardiAgent
1 appearance
Erin KuzzCounsel
1 appearance

for Pamela Blais

Heather MayAgent
1 appearance
Cynthia WhistonAgent
1 appearance
Dorthey SmithAgent
1 appearance
Pamela BlaisSelf-represented
1 appearance
Gena GraziottoAgent
1 appearance

for ParaMed

Sandi TannerCounsel
1 appearance

for Peter Menzies

Robert CrawfordCounsel
1 appearance
C. J. AbbassCounsel
1 appearance
Peter MenziesSelf-represented
1 appearance

for Practical Nurses Federation of Ontario

Denis W EllicksonCounsel
1 appearance
William SlyCounsel
1 appearance

for Red Cross

Sean LeighlandCounsel
1 appearance
Amanda HunterCounsel
1 appearance

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

Ab PlayerUnion representative
1 appearance
Thomas CollinsUnion representative
1 appearance
Jeffrey AndrewCounsel
1 appearance
David W. T. MathesonCounsel
1 appearance
Rob LowUnion representative
1 appearance

for Saint Elizabeth Health Care - Durham Region

Peter IsraelCounsel
1 appearance
C. AndreeCounsel
1 appearance
Nancy HawkesCounsel
1 appearance

for St. Joseph's Hospital, Brantford

Stephen C. RaymondCounsel
1 appearance
Maureen DignanCounsel
1 appearance
Stephen F. GleaveCounsel
1 appearance

for the applicant

Bernard FishbeinCounsel
3 appearances
Ed OgibowskiUnion representative
3 appearances
David WrightCounsel
2 appearances
Richard BlairCounsel
2 appearances
Michael McCrearyCounsel
2 appearances
J. Ma geeAgent
1 appearance
Sherry PicciottoliUnion representative
1 appearance
Rochelle F. CantorCounsel
1 appearance
Michelle WisjmanUnion representative
1 appearance
J. James NymanCounsel
1 appearance
Robert MaskeyUnion representative
1 appearance
David ChenAgent
1 appearance
Anita WoolmanAgent
1 appearance
Donald MelvinCounsel
1 appearance
B. ChercoverCounsel
1 appearance
Kathleen SartyCounsel
1 appearance
Frank KellyUnion representative
1 appearance
Alyssa HamiltonAgent
1 appearance
Anne FaubergAgent
1 appearance
Bonnie HemmingsAgent
1 appearance

for the Applicant

Ian PriceSelf-represented
1 appearance
Self-representedSelf-represented
1 appearance
Shelley DolsonSelf-represented
1 appearance
Rosalina PapaSelf-represented
1 appearance

for the applicant and the intervenor

Tim GleasonCounsel
1 appearance
Elizabeth J. McIntyreCounsel
1 appearance

for the applicants

Bill JoyceAgent
1 appearance
Chris BoschCounsel
1 appearance
Loretta PoulinSelf-represented
1 appearance
Rebecca MillarSelf-represented
1 appearance
Bill McLarenAgent
1 appearance
Stacy FennSelf-represented
1 appearance
Felicia AduseiSelf-represented
1 appearance
Daniel CondonCounsel
1 appearance
Suzanne LamontagneSelf-represented
1 appearance
Mike ChartrandSelf-represented
1 appearance
Mike ClaussenSelf-represented
1 appearance
Joyce GuenetteSelf-represented
1 appearance
Denis IppersielAgent
1 appearance
Daniel AduseiSelf-represented
1 appearance
Charles ToveySelf-represented
1 appearance

for the Association

Marisa PollockCounsel
2 appearances
James McDonaldCounsel
1 appearance
Kelly DoctorCounsel
1 appearance

for The Brantford General Hospital

Joe BullerCounsel
1 appearance
Robert HickmanCounsel
1 appearance
Norm CroweCounsel
1 appearance

for the Canadian Union of Operating Engineers and General Workers

Steve KarikasUnion representative
1 appearance
Steve LavenderUnion representative
1 appearance
Z. GrgarUnion representative
1 appearance

for the Canadian Union of Public Employees, Local 416

B. CochraneUnion representative
1 appearance
N. McKenzieUnion representative
1 appearance
D. StylesUnion representative
1 appearance
Brian SheehanCounsel
1 appearance

for the employer

G. AnandCounsel
1 appearance
Scott BrownAgent
1 appearance
J. RoffeyCounsel
1 appearance
C. HamiltonAgent
1 appearance
M. BellAgent
1 appearance

for the Employer

Michelle LaButteAgent
52 appearances
Karen MartinAgent
13 appearances
Al. J. QuinnAgent
9 appearances
Al J. QuinnAgent
9 appearances
Emily LewisAgent
7 appearances
James ChengAgent
5 appearances
Shivani RamoutarAgent
5 appearances
Debra KyleCounsel
4 appearances
Stephanie BorcsokAgent
4 appearances
Felix LauCounsel
3 appearances
Peter DailleboustCounsel
3 appearances
Asma HatiaAgent
3 appearances
Daria VodovaCounsel
3 appearances
Jennifer CharltonAgent
2 appearances
Kelsey IyonmanaAgent
2 appearances
Daniel FogelCounsel
2 appearances
Omar ShahabCounsel
2 appearances
Regina WongCounsel
2 appearances
Ferina MurjiCounsel
2 appearances
Sia RomanidisAgent
2 appearances

for the Fort William Clinic

John JohnsonAgent
1 appearance
Fred BickfordCounsel
1 appearance

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

Cindy ThainSelf-represented
1 appearance
Dirk VandermeerSelf-represented
1 appearance
Bruce SevignyCounsel
1 appearance

for the interested party

Joanne L. McMahonCounsel
1 appearance
M. GroomCounsel
1 appearance
DaignaultCounsel
1 appearance

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

Bruce McNamaraCounsel
1 appearance
Larry LinehamCounsel
1 appearance
Andrea BowkerCounsel
1 appearance

for the intervenor

Dawn HillisCounsel
1 appearance
Clifford J. HartCounsel
1 appearance
Nini JonesCounsel
1 appearance
Harold CaleyCounsel
1 appearance
Joan SnappAgent
1 appearance
Christopher WilsonCounsel
1 appearance
D. NewcombeCounsel
1 appearance
John MillerCounsel
1 appearance
Anna CarneyCounsel
1 appearance
N. L. JesinCounsel
1 appearance
Barbara RileyAgent
1 appearance
Charlene CatchpoleAgent
1 appearance
James K. McDonaldCounsel
1 appearance
I. James NymanCounsel
1 appearance
C. G. RiggsCounsel
1 appearance
Charles JamesAgent
1 appearance
Jay RiderCounsel
1 appearance
Patrick BourkCounsel
1 appearance
Elizabeth MitchellCounsel
1 appearance
Ron CarltonCounsel
1 appearance

for the Intervenor

Keith McDonellCounsel
1 appearance
Bob RoweCounsel
1 appearance
Anne GallopCounsel
1 appearance

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

John MoszynskiCounsel
1 appearance

for the Ministry of Labour

Brian FukuzawaCounsel
2 appearances
Bruce ArnottCounsel
1 appearance
L. EisenbergAgent
1 appearance
Alicia Gordon-FaganCounsel
1 appearance
Joe BoeswaldCounsel
1 appearance
Robert AskinCounsel
1 appearance
Mark AlchukCounsel
1 appearance
Heidi Lazar-MeynCounsel
1 appearance
Murray KleinCounsel
1 appearance

for the objector

C. J. AbbassCounsel
2 appearances
Bernard WillerSelf-represented
1 appearance

for the objectors

Anna SmenderovaAgent
1 appearance
Ethel PerrierAgent
1 appearance
Augustine BonsuAgent
1 appearance
Mike ModyCounsel
1 appearance
Jelka SelakAgent
1 appearance
Chuck NeedhamAgent
1 appearance

for the responding parties

Richard J. CharneyCounsel
1 appearance
D. WitmerAgent
1 appearance
Anna RuddyCounsel
1 appearance
John R. McAninchCounsel
1 appearance
John D. LewisCounsel
1 appearance
Clarke MelvilleCounsel
1 appearance
Mark StoneCounsel
1 appearance
J. SharkeyCounsel
1 appearance
P. WitmerAgent
1 appearance
Robert SilbersteinCounsel
1 appearance

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

Jennifer LepageSelf-represented
1 appearance
Tanya SwayneSelf-represented
1 appearance

for the responding party

James A. RenaudCounsel
1 appearance
Sonya VeinotAgent
1 appearance
Jack JulienAgent
1 appearance
Sonja McGibbonAgent
1 appearance
C. N. TurnerAgent
1 appearance
Lorraine PorCounsel
1 appearance
Bob BezaireAgent
1 appearance
Pam MillarAgent
1 appearance
Lou NieuwlandAgent
1 appearance
Isabel SmithAgent
1 appearance
Pauline Lefebvre-HintonUnion representative
1 appearance
Ian SteerAgent
1 appearance
David CowlingCounsel
1 appearance
Gail FisherAgent
1 appearance
Tony MatthewsUnion representative
1 appearance
G. F. LuborskyCounsel
1 appearance
Tracy BadgerAgent
1 appearance
Richard AnstrutherCounsel
1 appearance
Maureen O'HalloranUnion representative
1 appearance
Ray WerryAgent
1 appearance

for the responding party employee

Kevin FoxCounsel
1 appearance
Myrna OrnelasSelf-represented
1 appearance

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

Patrick TheriaultSelf-represented
1 appearance
Gilles LapalmeAgent
1 appearance

for the responding party Multi-Professional Support Services Inc.

Roy FilionCounsel
1 appearance
Ted UnderwoodAgent
1 appearance
Marlene IrwinAgent
1 appearance
Julie McAlpineAgent
1 appearance

for the Service Employees Union, Local 268

Glen ChochiaCounsel
1 appearance
Glen OramUnion representative
1 appearance

for the trade union

Lilly HarmerCounsel
1 appearance
Ian RolandCounsel
1 appearance

for the Union

Dan SidsworthUnion representative
87 appearances
Gregg GrayUnion representative
16 appearances
Christopher BrydenCounsel
7 appearances
Alex AndrewsUnion representative
6 appearances
Matthew HrycynaUnion representative
6 appearances
Seung ChiUnion representative
5 appearances
Richard DionneUnion representative
4 appearances
Lauren TarasukCounsel
4 appearances
Tim HanniganCounsel
3 appearances
Jane LettonCounsel
3 appearances
Ed HolmesCounsel
2 appearances
Andrew MindszenthyUnion representative
1 appearance
Amanda HunterCounsel
1 appearance
Nicole MihajlovicUnion representative
1 appearance
Emily HomeCounsel
1 appearance
John WardellUnion representative
1 appearance
Henry PereiraUnion representative
1 appearance
Mona StaplesCounsel
1 appearance
Devon PaulCounsel
1 appearance
Dean ArdronCounsel
1 appearance

for the Zancor companies

Lisa S. GoodfellowCounsel
1 appearance
Dennis ZanardoAgent
1 appearance
Nick CortellucciAgent
1 appearance

for UFCW

Kelvin KuceyCounsel
1 appearance
Ovila DagenaisAgent
1 appearance
Bill CooperAgent
1 appearance

for Unistrut Canada Limited

Carl PetersonCounsel
1 appearance
John SetoCounsel
1 appearance

for West Park Hospital

Diana NoelCounsel
1 appearance
Jean RushworthCounsel
1 appearance
Sarah A. EvesCounsel
1 appearance
Cathrine BergeCounsel
1 appearance

504

Decisions

Years active

Tribunals

1.4

cases/mo

OLRB350(69%)

OGSB154(31%)

Decision types

motion

238

trial

199

appeal

/Adjudicator

Gail Misra — Vice-Chair

Gail Misra

Vice-Chair·Ontario Labour Relations Board·Since 1994

OLRB OGSB

504

cases · 32 yrs · OLRB, OGSB

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 181Arbitrator· 138Vice-Chair· 114Vice-Chair· 61Vice Chair· 4Adjudicator/Referee· 4Adjudicator· 2

G. Pickell

Gail Misra

A. Haward

OLRBOntario Labour Relations BoardNov 8, 2000

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

Labourers’ International Union of North America, Local 1081 v. Teperman and Sons (Canada) Limited, 2000 CanLII 9367

G. Pickell

Gail Misra

A. Haward

OLRBOntario Labour Relations BoardNov 8, 2000

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 759 v. Lafarge Canada Inc., 2000 CanLII 8719

Gail Misra

Board ordered disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

The applicant employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

Stadium Realty Limited v. Eva Wong and Ministry of Labour, 2000 CanLII 8523

Gail Misra

Application for review of an Order to Pay terminated due to employer's failure to file correct forms.

The applicant employer sought a review of an Order to Pay issued against it under the Employment Standards Act.

The Ontario Labour Relations Board notified the employer that its application was not filed on the correct forms and provided a 10-day extension to rectify the deficiency.

The employer failed to submit the required forms within the extended time limit.

Consequently, the Board terminated the matter.

Hong Lae Company Limited v. Ministry of Labour, 2000 CanLII 8088

Gail Misra

Application for review terminated after applicant failed to correct procedural filing defect.

The applicant filed an application for review of an Employment Standards Officer's decision by facsimile, which failed to comply with the Board's Rules of Procedure.

The Board notified the applicant of the defect and provided ten days to refile the application properly.

The applicant failed to refile within the allotted time, and the Board terminated the matter.

Adrian Forbes-Leith v. 928126 Ontario Inc. o/a Druxy’s Famous Deli Sandwiches #70, 2000 CanLII 4032

Gail Misra

Request for further particulars in construction industry grievance referral denied as pleadings were sufficient.

The responding party requested an order for further particulars regarding two construction industry grievances referred to arbitration under section 133 of the Labour Relations Act, 1995.

The Board found that the applicant had sufficiently identified the breached collective agreement articles and the relevant time periods.

The Board declined to order further pleadings regarding the specific amount of damages sought at this early stage and dismissed the responding party's request.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Sterling Carpet & Tile, 2000 CanLII 3451

Gail Misra

Application for review terminated due to employer's failure to file correct forms.

The employer sought to review an Order to Pay under the Employment Standards Act but failed to file the application on the correct form.

The Board provided the correct forms and granted a 10-day extension.

The employer did not submit the required forms within the extended time limit.

Consequently, the Board terminated the matter.

S.A.R. Gas Services Inc. v. Ministry of Labour, 2000 CanLII 2483

R. R. Montague

J. A. Rundle

Gail Misra

OLRBOntario Labour Relations BoardNov 3, 2000

Style of cause amended to reflect the correct name of the responding party union.

A new certificate was issued to reflect the correct name of the bargaining agent.

Timiskaming Child and Family Service v. Ontario Public Service Employees’ Union, 2000 CanLII 10730

R. R. Montague

J. A. Rundle

Gail Misra

The Board issued a corrected certificate to reflect the proper name of the bargaining agent.

A new certificate was issued to reflect the correct name.

Timiskaming Child and Family Service v. Ontario Public Service Employees’ Union, Local 665, 2000 CanLII 9272

Gail Misra

Request to adjourn hearing and consolidate arguments denied.

The applicant requested an adjournment of a hearing scheduled for November 1, 2000, and asked the Board to hear arguments on both this file and another related file.

The Ontario Labour Relations Board denied the request, directing the parties to proceed with the hearing as scheduled and as outlined in a previous decision.

Ontario Nurses Association v. Durham Access to Care, 2000 CanLII 7434

Gail Misra

OLRBUnanimous0 cases1980–2001

Adjournment request denied; hearing to proceed as scheduled on a single file.

The applicant requested an adjournment of a hearing scheduled for November 1, 2000, and asked that arguments be heard on this file and another file together.

The Ontario Labour Relations Board denied the adjournment request and directed that the hearing proceed as scheduled, dealing only with the present application.

Service Employees International Union, Local 204 v. Durham Access to Care, 2000 CanLII 7925

J. A. Ronson

H. Peacock

OLRBUnanimous0 cases1987–2001

Gail Misra

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification as the bargaining agent for cleaning and maintenance employees of the responding party.

United Food and Commercial Workers International Union Local 175 v. Hurley Corporation, 2000 CanLII 7648

Gail Misra

OLRBOntario Labour Relations BoardOct 25, 2000

Section 69 sale of business applications dismissed; prima facie case found for section 1(4) related employer applications.

The responding parties brought a preliminary motion to dismiss the applications for failing to establish a prima facie case.

The Board dismissed the section 69 applications, finding that the transfer of work through a competitive bidding process did not constitute a sale of a business.

Service Employees International Union, Local 204 v. Durham Access to Care, 2000 CanLII 7273

R. R. Montague

J. A. Rundle

Gail Misra

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification.

Communications, Energy & Paperworkers Union of Canada v. The Korea Times Ltd., 2000 CanLII 10538

R. R. Montague

J. A. Rundle

Gail Misra

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw her application against the Canadian Union of Public Employees and its Local 1590.

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

Marcia Morris v. Canadian Union of Public Employees and its Local 1590, 2000 CanLII 9190

Gail Misra

Extension of time to file a response granted.

The responding party requested an extension of time to file a response.

The Ontario Labour Relations Board granted the request, extending the deadline to November 2, 2000.

Drupatie (Mona) Bissoondial v. Service Employees International Union, Local 204, 2000 CanLII 8983

R. R. Montague

J. A. Rundle

Gail Misra

Board declares OPSEU Local 665 as bargaining agent following successful representation vote.

The applicant employer applied for a determination regarding representation.

The Board further declared that the applicant was no longer bound to a collective agreement with the United Steelworkers of America, Local 6409.

Timiskaming Child and Family Service v. Ontario Public Service Employees’ Union, Local 665, 2000 CanLII 7310

R. R. Montague

J. A. Rundle

Gail Misra

Application withdrawn with leave of the Board.

The applicant union filed an application against the responding party employer before the Ontario Labour Relations Board.

The application was withdrawn with leave of the Board.

Amalgamated Transit Union, Local 1587 v. Greater Toronto Transit Authority (Go Transit), 2000 CanLII 7243

Gail Misra

Time for filing a response extended to October 25, 2000.

The responding parties requested an extension of time to file a response.

The Ontario Labour Relations Board granted the request, extending the deadline to October 25, 2000.

Canadian Union of Public Employees and its Local 3896 v. Senior Peoples’ Resources in North York a.k.a. Sprint, 2000 CanLII 3149

Gail Misra