Gail Misra

Gail Misra

OLRBJun 29, 2000

Employer not permitted to resile from agreement excluding two employees after union won representation vote.

The union applied for certification and a representation vote was held.

After the vote, the parties agreed on a bargaining unit description that excluded office staff, and the employer signed an agreement that two specific individuals were excluded as office staff.

When the ballots were counted and the union won by one vote, the employer attempted to resile from its agreement, arguing the two individuals were not actually office staff and their segregated ballots should be counted.

The Board held that parties cannot resile from agreements reached during the certification process absent extraordinary circumstances.

The employer was bound by its agreement to exclude the individuals, their ballots were not counted, and a certificate was issued to the union.

Teamsters Local Union 91 v. Komtech Inc., 2000 CanLII 12342

TM

Tom Mahoney

KM

Keith McDonell

FH

Fred Hansen

CD

Christopher Dassios

5 cases1991–2000

BR

Bob Rowe

AG

Anne Gallop

7 cases2000–2016

Gail Misra

OLRBJun 26, 2000

Application withdrawn with leave of the Board following Minutes of Settlement.

David E. Winkenweder v. Power Workers’ Union, CUPE 1000, 2000 CanLII 5164

Gail Misra

OLRBJun 26, 2000

Application adjourned sine die on consent for up to one year.

International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers v. Steen Pipelines – American Eco (a Joint Venture), 2000 CanLII 3391

RA

Robert Askin

RB

Robert A. Booth

LL

Larry Lineham

2 cases1997–2000

JS

John Seto

Deceased71 cases1986–2017

JM

John Moszynski

JL

Jim Lajeunesse

2 cases2000–2000

HL

Heidi Lazar-Meyn

2 cases2000–2000

GC

Gary Caroline

26 cases1988–2012

FM

Fred Marr

Not Practising Law7 cases1983–2001

FW

Frederica Wilson

DM

Donald Melvin

Not Practising Law15 cases1999–2011

CP

Carl Peterson

53 cases1984–2023

BM

Bruce McNamara

2 cases2000–2001

BA

Bruce Arnott

BF

Brian Fukuzawa

9 cases1999–2001

AB

Andrea Bowker

Practising Law - Employed70 cases1995–2026

Gail Misra

OLRBJun 23, 2000

Inspector's order requiring electrician certification for hanger installation rescinded following parties' settlement.

The applicant appealed an order made by an Occupational Health and Safety Inspector which required workers installing hangers and brackets on a casino construction project to hold a certificate of qualification as an Electrician Branch 1.

The order had resulted in the applicant's members being removed from the job and replaced by electricians.

On the fourth day of the hearing, the parties reached a resolution.

Pursuant to their memorandum of agreement, the Board rescinded the Inspector's order and noted the Ministry of Labour's policies regarding jurisdictional disputes and compulsory trades.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786 v. Buttcon Limited, 2000 CanLII 13479

Gail Misra

OLRBJun 20, 2000

Application withdrawn by leave of the Adjudicator.

Standard Products (Canada) Limited v. CAW-Canada and Ministry of Labour, 2000 CanLII 10335

Gail Misra

OLRBJun 20, 2000

Board schedules expedited hearing for employer's application alleging unlawful strike and picketing.

The applicant employers filed an application under section 144 of the Labour Relations Act, 1995, alleging that the responding unions and individuals were engaging in, authorizing, or encouraging an unlawful strike and picketing.

The Board outlined the statutory framework prohibiting unlawful strikes during the term of a collective agreement and the available remedies.

Given the need for expedition in unlawful strike applications, the Board scheduled the matter for an expedited hearing.

Fieldgate Vellore Limited v. United Brotherhood of Carpenters and Joiners of America, Local 27, 2000 CanLII 10147

J. G. Knight

G. McMenemy

Gail Misra

OLRBJun 20, 2000

Union certification granted following a successful representation vote among construction labourers.

The applicant union applied for certification to represent construction labourers 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 Ontario Labour Relations Board directed that a certificate issue.

The Board found it unnecessary to deal with the sufficiency of membership evidence in light of a previous decision, and noted no statements of desire were filed.

Universal Workers Union, L.I.U.N.A. Local 183 v. Len Pack Construction Corporation, 2000 CanLII 4780

Gail Misra

Application for review of Order to Pay dismissed as untimely after employer failed to explain delay.

Dr. Kevin F. Brown v. Denise Foley and Ministry of Labour, 2000 CanLII 13323

Gail Misra

Extension of time granted for employer to file an application for review of an Order to Pay.

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

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

The applicant requested an extension of time to file the application.

The Board found that the applicant had formed the intent to appeal early on, attempted to settle the matter, sought assistance from the Ombudsman, and paid the required monies into trust.

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

Allkind Enterprises Inc. v. Jim Ronaldson and Ministry of Labour, 2000 CanLII 13071

J. Knight

G. McMenemy

OLRBUnanimous0 cases1994–2025

Gail Misra

Board ordered responding party to produce documents after finding it had been properly served.

The applicant union requested the production of documents from the responding parties pursuant to sections 1(5) and 69(13) of the Labour Relations Act, 1995.

The Board had initially declined to order production from one of the responding parties because it was not satisfied that the party had been properly served.

After a subsequent hearing determined that the responding party had received notice, the union renewed its request.

The Board ordered the responding party to produce the requested documents.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Sir Forming Limited, 2000 CanLII 12842

J. G. Knight

G. McMenemy

Gail Misra

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

The applicant trade union applied for certification to represent carpenters and carpenters' apprentices employed by the responding party.

Following a representation vote where more than fifty percent 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.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Lauren Labao c.o.b. as Quality Home Trim, 2000 CanLII 10877

J. G. Knight

G. McMenemy

Gail Misra

Application withdrawn with leave of the Board.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Interac Contractors Inc., 2000 CanLII 5364

Gail Misra

Employment standards application resolved via settlement; funds held in trust disbursed to parties.

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 Ontario Labour Relations Board ordered the disbursement of the funds held in trust by the Director, with $800.00 to be paid to the employee, $333.50 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

Scarborough Golf & Country Club v. George Eastman and Ministry of Labour, 2000 CanLII 10437

J. G. Knight

G. McMenemy

Gail Misra

Employer ordered to pay damages for collective agreement violation after failing 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, alleging the responding employer violated the collective agreement by employing non-union members.

The responding party failed to file a response or 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 $17,074.44 in damages and $214.00 for filing fees.

Brick and Allied Craft Union of Canada v. D. A. Masonry Ltd., 2000 CanLII 8865

Gail Misra

Application adjourned sine die on consent for up to one year.

Brick and Allied Craft Union of Canada/BACU-Canada Local 2 v. Chris Blanford c.o.b. as Blanford Construction Services, 2000 CanLII 7245

J. G. Knight

G. McMenemy

Gail Misra

Default judgment granted against employer for employing non-union labour in violation of collective agreement.

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 employed a non-union labourer in violation of the collective agreement.

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, ordered damages of $6,774.30, and awarded costs of $214.00.

Labourers’ International Union of North America, Local 1059 v. D A Masonry Ltd., 2000 CanLII 6821

Gail Misra

OLRBJun 15, 2000

Time to file application for review of Order to Pay extended due to short delay.

The applicant employer filed a request for review of an Order to Pay 15 days after the 45-day statutory deadline under section 68(3) of the Employment Standards Act.

The applicant paid the order amount into trust and cited inadvertence for the delay.

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

Grace Meat Ltd. v. Robert Brown and Ministry of Labour, 2000 CanLII 13441

J. G. Knight

G. McMenemy

Gail Misra

OLRBJun 15, 2000

Consent order issued directing employer to pay $75,000 to union pursuant to settlement agreements.

The parties reached a Memorandum of Agreement and Minutes of Settlement regarding multiple unfair labour practice and grievance applications.

The Ontario Labour Relations Board issued a consent order directing the employer to pay $75,000 to the union in full and final settlement, and directing the union to waive fines assessed against two individuals.

The applications were subsequently withdrawn with leave of the Board.

International Brotherhood of Electrical Workers, Local 586 v. Power-Tek Electrical Services Inc., 2000 CanLII 12277

Gail Misra