Gail Misra

Appeal of Order to Pay terminated due to applicant's failure to file required forms.

The applicant sought to appeal an Order to Pay but failed to file the formal application on the proper forms as required by the Board's Rules of Procedure.

Despite being sent the required forms and given a 10-day deadline, the applicant did not file the application.

The Board terminated the matter.

Dr. Esti Friedmann v. Ministry of Labour, 2000 CanLII 11896

Gail Misra

Employment standards appeal terminated due to applicant's failure to file required forms within the deadline.

The applicant sought to appeal an Order to Pay but failed to file a formal application on the proper forms.

The Board notified the applicant of the deficiency and provided a 10-day deadline to file the required forms.

The applicant failed to file the application within the deadline.

Consequently, the Board terminated the matter.

Bayou Enterprises Inc. v. Ministry of Labour, 2000 CanLII 13363

Gail Misra

Employer's application for review of Order to Pay dismissed for failure to pay monies into trust.

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

Although the application was filed within the 45-day time limit, the applicant failed to pay the amount of the Order into trust with the Director of Employment Standards, as required by section 68(7) of the Act.

The Board gave the applicant an opportunity to perfect the application, but no response was received.

As the Board has no discretion to waive this requirement, the application for review was dismissed.

Alwyn Martins c/o 1268906 Ontario Inc. o/a Truly Fine Chocolates v. Marija Toracki and Ministry of Labour, 2000 CanLII 12065

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave to withdraw the application.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Lacon Contracting Inc., 2000 CanLII 10984

Gail Misra

Application withdrawn with leave of the Board.

The applicant, Tridel Construction (Skymark West Inc.), sought to withdraw its application against the Ministry of Labour.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Tridel Construction (Skymark West Inc.) v. Ministry of Labour, 2000 CanLII 11039

J. G. Knight

G. McMenemy

Gail Misra

Grievance referral adjourned sine die on consent of the parties.

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

On the agreement of the parties, the 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. Alcor Investment Group c.o.b. as Alcor Interiors, 2000 CanLII 8334

J. G. Knight

G. McMenemy

Gail Misra

Representation vote ordered in construction industry certification application after employer failed to respond.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party failed to file a response within the stipulated time.

Based on the application and membership evidence, the Board found that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union.

The Board determined the appropriate bargaining unit and directed that a representation vote be taken.

Labourers’ International Union of North America, Local 527 v. Azores Concrete Ltd., 2000 CanLII 9629

Gail Misra

Board ordered disbursement of funds held in trust pursuant to Minutes of Settlement.

The 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 Ontario Labour Relations Board issued an order directing the disbursement of the funds held in trust by the Director, with $400.00 to be paid to the employee, $904.16 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

Eastend Plating Co. Ltd. v. Sritharan Krishnasamy and Ministry of Labour, 2000 CanLII 2083

J. G. Knight

G. McMenemy

Gail Misra

Trade union certified to represent iron workers following successful representation vote.

The applicant trade union applied for certification to represent iron workers employed by the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the responding party raised non-specific concerns about the vote.

The Board found no substantive allegations and issued a final decision without a hearing.

Pursuant to section 160(1) of the Act, the Board issued certificates to the applicant for the industrial, commercial and institutional sector in Ontario, and for all other sectors in the District of Thunder Bay.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 759 v. Groupe Guy Pépin Inc. et ses Divisions, 2000 CanLII 11919

Gail Misra

Application withdrawn with leave of the Board.

The applicant, Harold T. Griffin Inc., sought to withdraw its application against Richard Hames and the Ministry of Labour.

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

Harold T. Griffin Inc. v. Richard Hames and Ministry of Labour, 2000 CanLII 5358

Gail Misra

Employer's application for review of Order to Pay dismissed for failure to pay amount into trust.

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

However, the employer failed to pay the amount of the Order into trust with the Director of Employment Standards within the 45-day statutory time limit.

As the Board has no discretion to waive this requirement under section 68(7) of the Act, the application for review was dismissed.

DTM Schmid Consultants Inc. v. Rami Killisley and Ministry of Labour, 2000 CanLII 13172

J. G. Knight

G. McMenemy

Gail Misra

Union certification granted following a successful representation vote in the construction industry.

The applicant trade union applied for certification as the bargaining agent for sheet metal workers and apprentices employed by the responding party.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board issued two certificates pursuant to section 160(1) of the Labour Relations Act.

One certificate was issued for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the specified geographic areas.

Sheet Metal Workers’ International Association, Local Union No. 47 v. Airgo Mechanical Inc., 2000 CanLII 12299

Gail Misra

Board orders disbursement of funds held in trust pursuant to Minutes of Settlement.

The applicant employer sought 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 disbursement of the funds held in trust by the Director in accordance with the settlement, with $125.00 paid to the employee, $87.32 returned to the employer, and the $100.00 administration fee retained by the Consolidated Revenue Fund.

Spotless Dry Cleaners v. Kerriann Conroy and Ministry of Labour, 2000 CanLII 1615

J. G. Knight

G. McMenemy

Gail Misra

Consent adjournment sine die granted for a period not exceeding 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 will be deemed terminated if no request to proceed is made.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Stealth Contracting Inc., 2000 CanLII 1674

Gail Misra

Application for review of Order to Pay dismissed as untimely because no explanation for delay provided.

The applicant employer sought a review of an Order to Pay issued by an Employment Standards Officer.

The application was filed three days after the 45-day statutory time limit.

The Board requested detailed reasons for the late filing to determine whether to exercise its discretion to extend the time limit.

The applicant's agent provided a letter arguing the merits of the case but offered no explanation for the delay.

The Board declined to extend the time limit and dismissed the application as untimely.

Mimmo Electric Company Ltd. v. Ercole DeMarzi and Ministry of Labour, 2000 CanLII 13337

J. G. Knight

G. McMenemy

Gail Misra

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 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. 1151078 Ontario Inc. c.o.b. as Global Acoustic, 2000 CanLII 4913

J. G. Knight

G. McMenemy

Gail Misra

OLRBOntario Labour Relations BoardMay 15, 2000

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 application will be deemed terminated if no request to proceed is made.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Macdero Construction (Ontario) Ltd., 2000 CanLII 10718

J. G. Knight

G. McMenemy

Gail Misra

OLRBOntario Labour Relations BoardMay 15, 2000

Representation vote ordered in construction industry certification application; ballot box sealed pending resolution of disputes.

The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party employer and an intervenor union raised issues regarding the bargaining unit description, the number of employees, and a subsisting collective agreement.

The Board found that the applicant appeared to have the requisite 40% membership support in the proposed unit.

The Board ordered a representation vote for a voting constituency limited to Board Area 8, as that was the only area where a job site was listed on the application date.

The ballot box was ordered sealed pending resolution of the outstanding issues.

United Brotherhood of Carpenters and Joiners of America v. Intracorp Developments Ltd., 2000 CanLII 13190

J. G. Knight

G. McMenemy

Gail Misra

OLRBOntario Labour Relations BoardMay 15, 2000

Board adjourned the matter on consent pending the filing of a section 166 application.

The applicant union brought a matter before the Ontario Labour Relations Board.

Pursuant to an agreement between the parties, the Board ordered the matter adjourned pending the filing of an application under section 166 of the Act.

International Union of Painters and Allied Trades, Local 1590 v. Bradscot (MCL) Ltd., 2000 CanLII 11950

Lisa S. Goodfellow

7 cases1999–2016

Erin Kuzz

12 cases1997–2015

Carolyn Hart

In Private Practice21 cases1993–2015

Gail Misra