Gail Misra

OLRBOntario Labour Relations BoardMay 4, 2000

Hearing adjourned following a Memorandum of Settlement between the parties.

The applicant union and responding employer reached a Memorandum of Settlement on May 3, 2000.

Consequently, the Ontario Labour Relations Board adjourned the scheduled hearings for May 4 and 25, 2000.

The application will be deemed terminated if the Board is not requested to relist the matter within three months.

Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local 647 v. Natrel (Ontario) Inc., 2000 CanLII 12321

Board relieves against strict application of Rules for late delivery of certification applications due to clerical error.

The applicant union filed applications for certification to displace the incumbent union.

The incumbent union and an interested party argued the applications should be dismissed due to late delivery to the employer and inaccuracies in the Certificates of Delivery.

The Board found the applicant acted in good faith and intended to deliver the applications on time, but was thwarted by a clerical error with a facsimile number.

The Board exercised its discretion under Rule 44 to relieve against the strict application of the Rules, accepted the application date as March 14, 2000, and directed the opening of the ballot boxes.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. St. Joseph’s Health Care London, 2000 CanLII 12975

J. G. Knight

Gail Misra

A. Haward

OLRBOntario Labour Relations BoardApr 28, 2000

Application withdrawn with leave of the Board.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The Board granted leave and the application was withdrawn.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. BBI Acoustics & Drywall Applicators, 2000 CanLII 10635

James B. Noonan

17 cases1980–2000

Graham Harding

1 case2000–2000

Brian Sheehan

13 cases1984–2001

Gail Misra

OLRBOntario Labour Relations BoardApr 28, 2000

Board awards Chilled Water Plant jurisdiction to CUOE and finds Walton Street plant governed by HLDAA.

The Ontario Labour Relations Board determined a jurisdictional dispute and a ministerial reference regarding Enwave District Energy Limited.

The employer sought a determination of whether the Canadian Union of Operating Engineers and General Workers (CUOE) or the Canadian Union of Public Employees, Local 416 (CUPE) had jurisdiction over work at its Chilled Water Plant.

The Board found that CUOE had jurisdiction, noting that CUOE had bargained the inclusion of the plant in its recognition clause and that CUPE's predecessor had previously declined the work.

On the ministerial reference, the Board advised that the Hospital Labour Disputes Arbitration Act governs the relationship between Enwave and CUOE at the Walton Street plant, as the plant is deemed a hospital under the Toronto District Heating Corporation Act and the Hospital Labour Disputes Arbitration Act.

Enwave District Energy Limited v. Canadian Union of Operating Engineers and General Workers, 2000 CanLII 12583

Gail Misra

OLRBOntario Labour Relations BoardApr 28, 2000

Duty of fair representation complaint dismissed for failing to establish a prima facie case.

The applicant filed a duty of fair representation complaint against her union after her termination grievance was settled at mediation-arbitration.

She alleged she did not get a proper hearing and wanted to proceed to a full arbitration.

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

The Board found that the union's decision to proceed to mediation-arbitration was not improper and that the applicant had agreed to the settlement.

As there were no allegations of arbitrary, discriminatory, or bad faith conduct by the union, the Board dismissed the application.

Dorothy Douse v. Service Employees International Union, Local 204, 2000 CanLII 13261

J. G. Knight

Gail Misra

A. Haward

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 and the application was withdrawn.

Universal Workers Union, L.I.U.N.A. Local 183 v. Ron Robinson Limited, 2000 CanLII 3169

J. G. Knight

Gail Misra

A. Haward

Application adjourned sine die for up to one year 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 would be deemed terminated if neither party requested to proceed.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Unique Mechanical Inc., 2000 CanLII 9360

J. G. Knight

Gail Misra

A. Haward

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

Universal Workers Union, L.I.U.N.A. Local 183 v. Remington Homes, 2000 CanLII 3268

J. G. Knight

Gail Misra

A. Haward

Grievance referral adjourned sine die on consent of the parties.

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

On consent 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. Castro Investors and Builders Ltd., 2000 CanLII 11236

J. G. Knight

Gail Misra

A. Haward

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application against the responding party employer.

The Ontario Labour Relations Board amended the style of cause to reflect the correct name of the responding party and granted leave to withdraw the application.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. John Paul Construction Ltd., 2000 CanLII 12883

G. Pickell

Gail Misra

A. Haward

OLRBOntario Labour Relations BoardApr 18, 2000

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

The applicant union and responding employers 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 application will be deemed terminated if no party requests to proceed.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Modern Mechanical Contracting Ltd., 2000 CanLII 8309

G. Pickell

Gail Misra

A. Haward

OLRBOntario Labour Relations BoardApr 13, 2000

Applications terminated by the Board following correspondence from the applicant union.

The applicant union filed correspondence requesting the termination of its applications against the responding parties.

The Ontario Labour Relations Board ordered the applications terminated.

Labourers’ International Union of North America, Local 527 v. Taggart Construction Limited, 2000 CanLII 10029

Gail Misra

OLRBOntario Labour Relations BoardApr 11, 2000

Applicants directed to indicate intentions within 10 days or application will be deemed abandoned.

The applicants filed an application under section 96 of the Labour Relations Act, 1995 alleging breaches of sections 72, 74, and 75.

After over two years without contact from the applicants, the Board directed them to indicate their intentions within 10 days, failing which the application would be deemed abandoned and dismissed.

Joycelyn Callender and Vivienne Radford v. Ontario Nurses Association and The Toronto Hospital, 2000 CanLII 11872

Gail Misra

OLRBOntario Labour Relations BoardApr 11, 2000

Duty of fair representation application dismissed due to extreme and unexplained delay prejudicing the responding parties.

The applicants filed an application alleging the union breached its duty of fair representation by failing to file grievances on their behalf over a three-year period.

The union requested the application be dismissed due to extreme delay, as it was filed four years after the first allegation and more than a year after the last.

The Board found the applicants' explanation for the delay—that they were pursuing other avenues—unsatisfactory.

Concluding that the passage of time significantly prejudiced the union and the employer, the Board exercised its discretion to dismiss the application without further inquiry.

Bisson v. Service Employees International Union, Local 220, 2000 CanLII 12824

Gail Misra

OLRBOntario Labour Relations BoardApr 4, 2000

Request for reconsideration of duty of fair representation decision dismissed for failing to meet threshold test.

The applicants requested reconsideration of a previous Board decision dismissing their duty of fair representation complaint against the union.

They sought monetary damages and a fine against the union for alleged misrepresentation and Human Rights Code violations.

The Board dismissed the request, finding that the applicants merely reasserted arguments already considered and failed to meet the strict threshold test for reconsideration, which requires new evidence or compelling reasons such as an error of law.

Heather Kachurowski and Corrie Oosterhuis v. United Food and Commercial Workers International Union, Local 391W, 2000 CanLII 13254

Ron Carlton

3 cases1995–2000

Robert Leone

7 cases1995–2001

Richard Drmaj

9 cases1995–2001

N. L. Jesin

70 cases1987–2001

A. M. Minsky

94 cases1980–2001

J. Knight

G. McMenemy

OLRB0 cases1993–2001

Gail Misra

OLRBOntario Labour Relations BoardMar 28, 2000

Employer breached collective agreement by not assigning labourers to scaffold jobs, but no damages awarded.

The applicant union filed a construction industry grievance alleging that the responding employer violated the collective agreement by failing to assign labourers to tend carpenters on scaffolding jobs.

The Board found that the employer had failed to assign at least one labourer to all scaffolding jobs, contrary to a previous jurisdictional dispute decision, and thus breached the collective agreement.

However, the Board declined to award damages, finding that the employer had not acted arbitrarily and that the correct work assignment only became clear after the previous decision was issued.

Labourers’ International Union of North America, Local 1089 v. Chalmers Construction Ltd., 2000 CanLII 12012

Gail Misra

OLRBOntario Labour Relations BoardMar 27, 2000

Board directed applicants to provide submissions explaining a multi-year delay in filing their complaint.

The applicants filed an unfair labour practice complaint against the union alleging breaches of sections 74 and 76 of the Labour Relations Act, 1995.

The union requested that the application be dismissed for want of a prima facie case and for untimeliness, as the allegations arose between one and four years prior to filing.

The Board directed the applicants to provide written submissions explaining the delay before considering the union's preliminary motions.

Susan Bisson et al. v. Service Employees International Union, Local 220, 2000 CanLII 11790

Gail Misra

OLRBOntario Labour Relations BoardMar 23, 2000

Consent order issued incorporating settlement terms for a second representation vote in a certification application.

The union filed an application for certification and an unfair labour practice complaint against the employer.

The parties reached a full and final settlement, agreeing to a second representation vote, a $5,000 payment by the employer to the union for employee benefits, and various access and posting conditions.

The Ontario Labour Relations Board issued a consent order incorporating the terms of the Minutes of Settlement and directed the holding of the second representation vote.

Labourers’ International Union of North America, Local 183 v. Cornerstone Engineering & Restoration Inc., 2000 CanLII 12406

Roy Filion

54 cases1987–2019

David Wright

42 cases1989–2015

Gail Misra

OLRBOntario Labour Relations BoardMar 20, 2000

Board dismisses sale of business application, finding CCAC's contracting out of nursing services was a subcontracting arrangement.

The union brought an application alleging a sale of a business and an unfair labour practice complaint against the responding party, a nursing services provider.

The community care access centre (CCAC) had contracted out 98% of its nursing services to the responding party.

The union argued this constituted a transfer of a part of the CCAC's business.

The Board found that the arrangement was a subcontracting of work, not a transfer of a business, as the responding party was a pre-existing business with its own infrastructure, management, and personnel, and no assets or economic organization were transferred from the CCAC.

The applications were dismissed.

Ontario Public Service Employees Union v. Multi-Professional Support Services Inc., 2000 CanLII 13394

Gail Misra