Gail Misra

OLRBOntario Labour Relations BoardFeb 21, 2000

Request for reconsideration of decision denying extension of time to appeal Orders to Pay denied.

The applicant employer requested reconsideration of a previous Board decision that denied an extension of time to file applications for review of Employment Standards Orders to Pay.

The Board applied its established threshold test for reconsideration, noting that the applicant was merely attempting to reargue its case based on correspondence already considered in the original decision.

The Board clarified its role, explaining that it does not issue Orders to Pay but only reviews them de novo if an application is filed in time.

The request for reconsideration was denied.

Rainbow Concrete Ltd. v. Dupuis, 2000 CanLII 12486

G. Pickell

G. McMenemy

Gail Misra

Application withdrawn by leave of the Board.

The applicant, Sheet Metal Workers’ International Association, Local 47, sought to withdraw its application against the responding party, Ontario Sheet Metal and Air Handling Group.

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

Sheet Metal Workers’ International Association, Local 47 v. Ontario Sheet Metal and Air Handling Group, 2000 CanLII 7408

G. Pickell

G. McMenemy

Gail Misra

Application withdrawn by leave of the Board.

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

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

Sheet Metal Workers’ International Association, Local 269 v. Ontario Sheet Metal and Air Handling Group, 2000 CanLII 6402

G. Pickell

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 no party requests to proceed.

Universal Workers Union, L.I.U.N.A. Local 183 v. Edgeport Homes, 2000 CanLII 10630

G. Pickell

G. McMenemy

Gail Misra

Grievance application adjourned sine die on consent of the parties.

The applicant union filed a grievance against the responding parties.

On agreement of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Connect Mechanical Systems Inc., 2000 CanLII 11023

G. Pickell

G. McMenemy

Gail Misra

Consent order issued for $2,000 in damages following minutes of settlement.

The parties entered into Minutes of Settlement prior to the commencement of a hearing to resolve the outstanding issue of the quantum of damages.

The Ontario Labour Relations Board issued a consent order declaring that the responding party owed $2,000 in damages for violating the Principal Agreement, payable in two installments.

International Brotherhood of Electrical Workers, Local 894 v. MRM Electric Inc., 2000 CanLII 11984

Pierre Ranger

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Elizabeth Mitchell

31 cases1988–2001

Gail Misra

OLRBOntario Labour Relations BoardFeb 14, 2000

Adjournment granted for a bilingual hearing despite late request, but venue transfer to Ottawa denied.

The applicant union referred a construction industry grievance to arbitration.

On the eve of the hearing, the responding party requested an adjournment and a bilingual hearing in Ottawa.

The responding party's counsel insisted on addressing the non-bilingual Vice-Chair in French at the hearing, despite failing to make a timely request for a bilingual panel.

The Board noted the responding party also failed to file a response as required by Rule 163.

To ensure all parties were properly heard, the Board adjourned the matter to be heard by a bilingual Vice-Chair, but denied the request to move the hearing to Ottawa.

The union indicated it would seek damages for the delay.

International Brotherhood of Painters and Allied Trades, Local 200 v. Vitrerie Orleans Glass Inc., 2000 CanLII 12639

Gail Misra

OLRBOntario Labour Relations BoardFeb 11, 2000

Grievance settled; employer ordered to pay damages and costs for unpaid wages under collective agreement.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging that the responding party employer violated the collective agreement by failing to pay appropriate wage rates.

Prior to the hearing, the parties entered into Minutes of Settlement.

The Board issued declarations and orders in accordance with the settlement, directing the employer to pay $7,743.29 in damages for unpaid wages and $1,450.00 in costs.

Drywall Acoustic Lathing and Insulation Local, 675, of the United Brotherhood of Carpenters and Joiners of America v. Marin Contracting Limited, 2000 CanLII 1535

J. G. Knight

Gail Misra

A. Haward

OLRBOntario Labour Relations BoardFeb 11, 2000

Application adjourned sine die on consent of the parties.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, having regard to the agreement of the parties.

If neither party requests to proceed within that time, the matter will be deemed terminated.

Brick and Allied Craft Union of Canada v. VRD Canada Inc., 2000 CanLII 2867

Gail Misra

OLRBOntario Labour Relations BoardFeb 9, 2000

Application withdrawn by leave of the Board.

The applicant, Lafarge Canada Inc., sought to withdraw its application against the responding parties.

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

Lafarge Canada Inc. v. The International Woodworkers of America, Local 2693, 2000 CanLII 4433

Gail Misra

OLRBOntario Labour Relations BoardFeb 3, 2000

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

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.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787 v. Ontario Air Systems Limited, 2000 CanLII 10569

Gail Misra

OLRBOntario Labour Relations BoardFeb 2, 2000

Application adjourned sine die on consent of the parties.

The applicant union and responding parties 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 no party requests to proceed.

OPSEU v. Crown in Rights of Ontario, Ministry of Transportation, 2000 CanLII 8619

Gail Misra

OLRBOntario Labour Relations BoardJan 28, 2000

Time to file application for review of Order to Pay extended due to reasonable steps taken.

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

The application was filed 11 days after the 45-day statutory deadline.

The applicant requested an extension of time, explaining that it had requested the forms early but received them late, and the company president was away.

The Board found that the applicant had formed the intent to apply and taken reasonable steps before the deadline expired.

Exercising its discretion under section 68(4) of the Act, the Board extended the time for filing the application.

Helin Oil Packers Ltd. v. William Stuart and Ministry of Labour, 2000 CanLII 12136

J. G. Knight

Gail Misra

A. Haward

OLRBOntario Labour Relations BoardJan 25, 2000

Board issues consent order directing employer to pay $5,000 in damages for collective agreement violations.

The applicant union referred a grievance to the 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 a consent order declaring the responding party bound by the collective agreement and ordering it to pay $5,000 in damages for violating the agreement.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Keyon Drywall Inc., 2000 CanLII 3087

Gail Misra

Extension of time to review Orders to Pay denied due to employer's 20-month delay.

The applicant employer sought an extension of time to apply for a review of two Orders to Pay issued under the Employment Standards Act, approximately 20 months after the deadline.

The employer had previously failed to pay the required funds into trust, instead submitting a lawyer's affidavit, which led to the initial dismissal of its applications and a subsequent unsuccessful judicial review.

The Adjudicator/Referee denied the request for an extension, finding no denial of natural justice and concluding that the employer's obstinate refusal to comply with the statutory requirement to pay monies into trust caused an unacceptable delay that severely prejudiced the affected employees.

Rainbow Concrete Ltd. v. Michael Dupuis and Ministry of Labour, 2000 CanLII 11227

Gail Misra

Employer's appeal of Order to Pay deemed timely despite incorrect form.

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

Although the application was not made on the appropriate form, the employer submitted a payment stub and a cheque for the amount of the Order before the deadline.

The Board found that the employer had indicated a timely desire to appeal and directed that the application be processed in the normal course.

Merit Towing Corporation v. Randy Grant and Ministry of Labour, 2000 CanLII 12070

Gail Misra

Application for review of Order to Pay dismissed for failure to pay full amount into trust.

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

The applicant paid a portion of the order into trust but failed to pay the full amount or explain the shortfall despite a request from the Board.

The Board dismissed the application, holding that under section 68(7) of the Act, it has no discretion to proceed with a review unless the full amount of the order is paid into trust.

Governors’ Inn v. Whitfield Small and Ministry of Labour, 2000 CanLII 12953

Gail Misra

Time for filing employment standards review application extended due to applicant's medical issues and lack of prejudice.

The applicant sought a review of an Employment Standards Officer's decision dismissing her complaint.

The application was filed 9 days after the 45-day statutory deadline.

The Board exercised its discretion under section 68(4) of the Employment Standards Act to extend the time for filing, noting that the applicant had formed the intent to file on time but was delayed due to medical problems, and there was no real prejudice to the responding parties.

Ann Warren v. Senior Citizens Council Peterborough and Ministry of Labour, 2000 CanLII 12511

J. G. Knight

Gail Misra

A. Haward