Gail Misra

OLRBOntario Labour Relations BoardAug 1, 2000

Union's request for reconsideration dismissed as untimely and for failing to establish valid grounds.

The applicant union requested reconsideration of a Board decision regarding a bad faith bargaining complaint.

The Board dismissed the request, finding it was filed beyond the 20-day time limit under Rule 96 without explanation.

The Board further noted that even if timely, the request would be dismissed because it merely reargued the case and disputed findings of fact based on documents the parties themselves had put before the Board, failing to meet the stringent grounds required for reconsideration.

Amalgamated Transit Union, Local 1731 v. McIntosh Limousine Service Ltd., 2000 CanLII 11818

Gail Misra

OLRBOntario Labour Relations BoardJul 26, 2000

Applications deemed abandoned after applicants failed to respond to Board directions.

The applicants failed to respond to a previous Board direction requiring them to indicate whether they wished to continue with the litigation.

After attempting to contact counsel for Trentfab Inc. without success, the Adjudicator deemed the applications abandoned.

The Director of Employment Standards was directed to release the monies held in trust, along with accrued interest, to the employee responding party.

Stephen Allen v. Trenton Machine Tool Inc., 2000 CanLII 11762

Application withdrawn with leave of the Board.

The applicants sought to withdraw their application against IBEW Local 586 and MegaTech Electrical.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Claude Laviolette v. IBEW Local 586, 2000 CanLII 9490

Gail Misra

OLRBOntario Labour Relations BoardJul 19, 2000

Motion to suspend inspector's order pending appeal dismissed as union failed to show compelling grounds.

The applicant union sought to suspend an inspector's order pending an appeal under section 61(7) of the Occupational Health and Safety Act.

A worker had refused work citing the risk of physical assault from vehicle operators.

The inspector found that the complaint did not fall within the criteria for a work refusal under section 43(3) of the Act, but treated the concerns as a health and safety complaint and issued orders requiring corrective action.

The Board dismissed the suspension request, finding no compelling grounds to suspend the order, as the order did not limit the workers' right to refuse unsafe work and the employer was already complying with the corrective orders.

Ontario Public Service Employees’ Union v. Ministry of Transportation and Ministry of Labour, 2000 CanLII 12654

Gail Misra

OLRBOntario Labour Relations BoardJul 17, 2000

Employment standards application withdrawn with leave of the Board.

The applicant, Rashid Ahmed, sought to withdraw his employment standards application against Fat Albert's and the Ministry of Labour.

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

Rashid Ahmed v. Fat Albert’s and Ministry of Labour, 2000 CanLII 9528

Gail Misra

Adjournment of director's appeal granted in advance to spare employee respondents unnecessary travel.

The applicant, a corporate director, requested an adjournment of a scheduled hearing for an appeal under the Employment Standards Act.

Although the Ministry of Labour consented, the applicant failed to obtain consent from the numerous employee responding parties.

To spare the employees the inconvenience of traveling to Toronto only to have the adjournment granted, the Board granted the request in advance but warned the applicant that no further adjournments would be granted absent exceptional circumstances.

Boswell v. Woods et al, 2000 CanLII 13429

J. G. Knight

G. McMenemy

Gail Misra

Consent order issued for $6,500 in damages for collective agreement violations following minutes of settlement.

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 Minutes of Settlement.

The Board issued a consent order declaring the responding party bound to the Provincial Collective Agreement and finding violations of Articles 4 and 5.

The responding party was ordered to pay $6,500 in damages as full and final settlement.

Lake Ontario District Council of Carpenters v. Source Four Construction Ltd., 2000 CanLII 13143

J. G. Knight

G. McMenemy

Gail Misra

Default judgment granted against employer for violating collective agreement by failing to use union members.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

The responding parties failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding parties were deemed to have accepted all facts stated in the application.

The Board found that the responding parties were bound by the collective agreement and violated it by failing to utilize union members for work at a Barrie condominium project.

The Board ordered the responding parties to pay $55,323.84 in damages and $214.00 for the applicant's filing fees.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Marilyn and/or Gale Knott c.o.b. as MMK Enterprises Steel Placing and/or Peterborough Reinforcing and G.E.K. Contracting Limited, 2000 CanLII 10507

Gail Misra

Time for filing request for review extended where delay was caused by Ministry forwarding application.

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

The application was received by the Board after the 45-day statutory deadline.

However, the Board found that the applicant had sent the application and the requisite payment in trust to the Ministry of Labour well within the time limit, and the delay was caused by the Ministry forwarding it to the Board.

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

Excel Tech Ltd. v. Wayne Pyle and Ministry of Labour, 2000 CanLII 12715

Gail Misra

Appeal will be deemed terminated for abandonment unless applicant provides reasons to continue within 10 days.

The applicant filed an appeal but failed to make submissions as directed by the Board.

The Board directed the applicant to advise within 10 days why the application should continue to be processed, failing which the application will be deemed terminated for abandonment.

John Norton v. Freightliner of Canada and Ministry of Labour, 2000 CanLII 11813

R. R. Montague

J. A. Rundle

Gail Misra

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union applied for certification.

Following a representation vote where not more than 50% of the ballots were cast in favour of the applicant, and no statements of desire to make representations were filed, the Ontario Labour Relations Board dismissed the application.

A one-year bar on further certification applications by the applicant for this bargaining unit was imposed.

Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union v. Unicco Facility Services Canada Company, 2000 CanLII 10441

J. G. Knight

G. McMenemy

Gail Misra

OLRBUnanimous0 cases1980–2001

Board directs representation vote in construction industry union certification application.

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

The responding party objected to the inclusion of Board Area 4 in the bargaining unit description, which the Board accepted.

Finding that the union appeared to have the requisite 40 percent membership support, the Board defined the appropriate bargaining unit and directed that a representation vote be held.

International Union of Painters and Allied Trades v. Blastco Corporation, 2000 CanLII 8962

J. A. Ronson

H. Peacock

OLRBUnanimous0 cases1987–2001

Gail Misra

Representation vote directed in certification application after employer failed to file a response.

The applicant trade union filed an application for certification.

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

The Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that it appeared to have the requisite membership support of not less than forty per cent of the individuals in the proposed bargaining unit.

The Board directed that a representation vote be taken, with voters asked to choose between the applicant and the incumbent union, the United Brotherhood of Carpenters and Joiners of America, Local 3054.

Industrial Wood & Allied Workers of Canada v. Ziegler Lumber Limited, 2000 CanLII 6197

J. G. Knight

G. McMenemy

Gail Misra

Employer ordered to pay $5,412.28 in unpaid benefit contributions following failure to respond to grievance referral.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to remit benefit trust fund contributions.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the employer violated the collective agreement and ordered it to pay $5,412.28 in outstanding contributions, late charges, and penalties, plus $214.00 in filing fees.

Sheet Metal Workers’ International Association, Local 30 v. A.S.M. Sheet Metal Contractors Inc., 2000 CanLII 4797

Gail Misra

Appeal of Order to Pay terminated for failure to file required application 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.

Richardson Industrial Finishers v. Ministry of Labour, 2000 CanLII 13469

Gail Misra

Time for filing request for review of Order to Pay extended due to short delay.

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

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

The Board exercised its discretion under section 68(4) of the Act to extend the time for filing, noting the short delay and that the requisite monies had been paid into trust.

1286839 Ontario Limited v. Peter Caira, 2000 CanLII 13112

J. Knight

G. McMenemy

Gail Misra

Board confirms trade union status of applicant following name change and issues certification.

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

A representation vote was held, but the Board required the applicant to establish its trade union status due to a recent name change and affiliation change.

The Board found that the applicant was the same organization as its predecessor, having simply changed its name with the authorization of the General President.

The Board confirmed the applicant's trade union status, noted that the representation vote was successful, and ordered that a certificate issue.

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. 539243 Ontario Ltd., 2000 CanLII 11847

J. G. Knight

G. McMenemy

Gail Misra

Union 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.

Labourers’ International Union of North America, Local 597 v. P & H Masonry Ltd., 2000 CanLII 10443

J. G. Knight

G. McMenemy

Gail Misra

Representation vote directed in construction industry certification application, with ballot box sealed pending status dispute.

The applicant trade union council applied for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party claimed it had no employees in the proposed bargaining unit.

The Board found that the applicant appeared to have the requisite membership support and directed a representation vote for the proposed bargaining unit of electricians and apprentices, with the ballot box to be sealed pending resolution of the employee status dispute.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Telcon Concealed Wiring Ltd., 2000 CanLII 7075

Gail Misra

Employment and Labour Law

Application withdrawn with leave of the Board.

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

The Board granted leave and the application was withdrawn.

The Corporation of the City of Guelph v. Canadian Union of Public Employees and Ministry of Labour, 2000 CanLII 3765

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

Gail Misra

OLRBOntario Labour Relations BoardAug 1, 2000

Union's request for reconsideration dismissed as untimely and for failing to establish valid grounds.

The applicant union requested reconsideration of a Board decision regarding a bad faith bargaining complaint.

The Board dismissed the request, finding it was filed beyond the 20-day time limit under Rule 96 without explanation.

Amalgamated Transit Union, Local 1731 v. McIntosh Limousine Service Ltd., 2000 CanLII 11818

Gail Misra

OLRBOntario Labour Relations BoardJul 26, 2000

Applications deemed abandoned after applicants failed to respond to Board directions.

The applicants failed to respond to a previous Board direction requiring them to indicate whether they wished to continue with the litigation.

After attempting to contact counsel for Trentfab Inc. without success, the Adjudicator deemed the applications abandoned.

The Director of Employment Standards was directed to release the monies held in trust, along with accrued interest, to the employee responding party.

Stephen Allen v. Trenton Machine Tool Inc., 2000 CanLII 11762

Simone Najgaldberg

1 case2000–2000

Phil Harris Sr.

1 case2000–2000

Michael Gottheil

24 cases1986–2003

Jay Rider

8 cases1999–2001

James Barry

Not Practising Law - Employed1 case2000–2000

Daniel Condon

In Private Practice7 cases2000–2023

Chris Bosch

1 case2000–2000

Gail Misra

OLRBOntario Labour Relations BoardJul 24, 2000

Application withdrawn with leave of the Board.

The applicants sought to withdraw their application against IBEW Local 586 and MegaTech Electrical.

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

Claude Laviolette v. IBEW Local 586, 2000 CanLII 9490

Gail Misra

OLRBOntario Labour Relations BoardJul 19, 2000

Motion to suspend inspector's order pending appeal dismissed as union failed to show compelling grounds.

The applicant union sought to suspend an inspector's order pending an appeal under section 61(7) of the Occupational Health and Safety Act.

A worker had refused work citing the risk of physical assault from vehicle operators.

Ontario Public Service Employees’ Union v. Ministry of Transportation and Ministry of Labour, 2000 CanLII 12654

Gail Misra

OLRBOntario Labour Relations BoardJul 17, 2000

Employment standards application withdrawn with leave of the Board.

The applicant, Rashid Ahmed, sought to withdraw his employment standards application against Fat Albert's and the Ministry of Labour.

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

Rashid Ahmed v. Fat Albert’s and Ministry of Labour, 2000 CanLII 9528

Gail Misra

Adjournment of director's appeal granted in advance to spare employee respondents unnecessary travel.

The applicant, a corporate director, requested an adjournment of a scheduled hearing for an appeal under the Employment Standards Act.

Although the Ministry of Labour consented, the applicant failed to obtain consent from the numerous employee responding parties.

Boswell v. Woods et al, 2000 CanLII 13429

J. G. Knight

G. McMenemy

Gail Misra

Consent order issued for $6,500 in damages for collective agreement violations following minutes of settlement.

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 Minutes of Settlement.

The Board issued a consent order declaring the responding party bound to the Provincial Collective Agreement and finding violations of Articles 4 and 5.

The responding party was ordered to pay $6,500 in damages as full and final settlement.

Lake Ontario District Council of Carpenters v. Source Four Construction Ltd., 2000 CanLII 13143

J. G. Knight

G. McMenemy

Gail Misra

Default judgment granted against employer for violating collective agreement by failing to use union members.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

The responding parties failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding parties were deemed to have accepted all facts stated in the application.

The Board found that the responding parties were bound by the collective agreement and violated it by failing to utilize union members for work at a Barrie condominium project.

The Board ordered the responding parties to pay $55,323.84 in damages and $214.00 for the applicant's filing fees.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Marilyn and/or Gale Knott c.o.b. as MMK Enterprises Steel Placing and/or Peterborough Reinforcing and G.E.K. Contracting Limited, 2000 CanLII 10507

Gail Misra

Time for filing request for review extended where delay was caused by Ministry forwarding application.

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

The application was received by the Board after the 45-day statutory deadline.

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

Excel Tech Ltd. v. Wayne Pyle and Ministry of Labour, 2000 CanLII 12715

Gail Misra

Appeal will be deemed terminated for abandonment unless applicant provides reasons to continue within 10 days.

The applicant filed an appeal but failed to make submissions as directed by the Board.

The Board directed the applicant to advise within 10 days why the application should continue to be processed, failing which the application will be deemed terminated for abandonment.

John Norton v. Freightliner of Canada and Ministry of Labour, 2000 CanLII 11813

R. R. Montague

J. A. Rundle

Gail Misra

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union applied for certification.

A one-year bar on further certification applications by the applicant for this bargaining unit was imposed.

Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Council of the United Food and Commercial Workers International Union v. Unicco Facility Services Canada Company, 2000 CanLII 10441

J. G. Knight

G. McMenemy

Gail Misra

OLRBUnanimous0 cases1980–2001

Board directs representation vote in construction industry union certification application.

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

The responding party objected to the inclusion of Board Area 4 in the bargaining unit description, which the Board accepted.

Finding that the union appeared to have the requisite 40 percent membership support, the Board defined the appropriate bargaining unit and directed that a representation vote be held.

International Union of Painters and Allied Trades v. Blastco Corporation, 2000 CanLII 8962

J. A. Ronson

H. Peacock

OLRBUnanimous0 cases1987–2001

Gail Misra

Representation vote directed in certification application after employer failed to file a response.

The applicant trade union filed an application for certification.

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

Industrial Wood & Allied Workers of Canada v. Ziegler Lumber Limited, 2000 CanLII 6197

J. G. Knight

G. McMenemy

Gail Misra

Employer ordered to pay $5,412.28 in unpaid benefit contributions following failure to respond to grievance referral.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the employer violated the collective agreement and ordered it to pay $5,412.28 in outstanding contributions, late charges, and penalties, plus $214.00 in filing fees.

Sheet Metal Workers’ International Association, Local 30 v. A.S.M. Sheet Metal Contractors Inc., 2000 CanLII 4797

Gail Misra

Appeal of Order to Pay terminated for failure to file required application 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.

Richardson Industrial Finishers v. Ministry of Labour, 2000 CanLII 13469

Gail Misra

Time for filing request for review of Order to Pay extended due to short delay.

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

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

The Board exercised its discretion under section 68(4) of the Act to extend the time for filing, noting the short delay and that the requisite monies had been paid into trust.

1286839 Ontario Limited v. Peter Caira, 2000 CanLII 13112

J. Knight

G. McMenemy

Gail Misra

Board confirms trade union status of applicant following name change and issues certification.

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

A representation vote was held, but the Board required the applicant to establish its trade union status due to a recent name change and affiliation change.

The Board found that the applicant was the same organization as its predecessor, having simply changed its name with the authorization of the General President.

The Board confirmed the applicant's trade union status, noted that the representation vote was successful, and ordered that a certificate issue.

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. 539243 Ontario Ltd., 2000 CanLII 11847

J. G. Knight

G. McMenemy

Gail Misra

Union 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.

Labourers’ International Union of North America, Local 597 v. P & H Masonry Ltd., 2000 CanLII 10443

J. G. Knight

G. McMenemy

Gail Misra

Representation vote directed in construction industry certification application, with ballot box sealed pending status dispute.

The applicant trade union council applied for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party claimed it had no employees in the proposed bargaining unit.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Telcon Concealed Wiring Ltd., 2000 CanLII 7075

Gail Misra