Gail Misra

OLRBOntario Labour Relations BoardJun 1, 2000

Board corrects typographical errors in file numbers from a previous decision.

The Ontario Labour Relations Board issued a decision to correct typographical errors in a previous decision dated May 11, 2000.

The Board amended paragraphs 1 and 2 to reflect the correct Board File Number.

Labourers’ International Union of North America, Local 183 v. Oxville Homes Ltd., 2000 CanLII 6580

Bad faith bargaining complaint dismissed; expired collective agreement terms supersede pre-existing service agreements for dependent contractors.

The union filed an unfair labour practice complaint alleging the employers bargained in bad faith by insisting on terms regarding insurance and brokerage fees that were worse than those in the pre-existing service agreements.

The Board held that once the parties bargained a collective agreement (or had one imposed by arbitration), the service agreement terms on those subjects were superseded.

Following the expiry of the statutory freeze, the employers were entitled to alter those terms.

The bad faith bargaining complaint was dismissed.

Amalgamated Transit Union, Local 1731 v. McIntosh Limousine Service Ltd., 2000 CanLII 12742

Gail Misra

OLRBOntario Labour Relations BoardMay 30, 2000

Board orders representation vote between two unions for service employees following hospital amalgamation.

The applicant hospital applied under the Public Sector Labour Relations Transition Act, 1997 following an amalgamation.

The parties reached a Memorandum of Agreement defining the full-time and part-time service bargaining units and agreeing to a representation vote between two unions.

The Board issued orders reflecting the parties' agreement, directing a vote and establishing campaign access rules.

The Rehabilitation Institute of Toronto v. Canadian Union of Public Employees, Local 1156, 2000 CanLII 12710

Gail Misra

OLRBOntario Labour Relations BoardMay 24, 2000

Pre-hearing production of documents ordered in related employer and sale of business application, subject to confidentiality.

The applicant union sought pre-hearing production of numerous documents in an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The Board ordered the responding parties to produce relevant existing documents, including policy manuals, client files, occurrence reports, and employee lists, subject to strict confidentiality conditions and the removal of identifying patient information.

The Board declined to order the creation of new documents or the production of highly confidential financial information, and directed the applicant to pay reasonable copying costs.

Service Employees International Union, Local 204 v. Durham Access to Care, 2000 CanLII 13411

Gail Misra

Board directed applicant to consider amending duty of fair representation complaint to duty of fair referral.

The applicant filed an unfair labour practice complaint alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act by failing to provide him with regular employment from the hiring hall.

The Board noted that the allegations pertained to the union's hiring hall list and were more appropriately characterized as a duty of fair referral complaint under section 75.

The Board directed the Registrar to provide the applicant with the necessary forms to amend his application to a section 75 complaint within 15 days, and deferred ruling on the union's request to dismiss the matter on a prima facie basis.

Andre Lussier v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, 2000 CanLII 13309

Gail Misra

Employer's appeal of Order to Pay dismissed for failing to pay full amount into trust.

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

The application was filed late, and the employer failed to pay the full amount of the Order into trust, having only paid a portion through a collection agency arrangement.

The Ontario Labour Relations Board dismissed the application, holding that it had no discretion to waive the mandatory requirement under section 68(7) of the Act to pay the full amount into trust pending the outcome of the appeal.

1146693 Ontario Inc. o/a Tiger Town Towing v. Lino Renauld, 2000 CanLII 12224

J. G. Knight

G. McMenemy

Gail Misra

Application withdrawn with leave of the Board.

The applicant, Christian Labour Association of Canada, sought to withdraw its application against Stephens & Rankin Inc. The Ontario Labour Relations Board granted leave to withdraw the application.

Christian Labour Association of Canada v. Stephens & Rankin Inc., 2000 CanLII 3550

Gail Misra

Application terminated following settlement between the parties.

The applicant filed an application against the employer and the Ministry of Labour.

Following a settlement reached between the parties on May 17, 2000, the Ontario Labour Relations Board ordered the application terminated.

Eduardo R. Payawal v. Sew-Biz Fashion Inc., 2000 CanLII 1866

J. G. Knight

G. McMenemy

Gail Misra

Application withdrawn with leave of the Board.

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

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

Drywall Acoustic Lathing and Insulation Local 675 v. James St. John c.o.b. as Knights Drywall, 2000 CanLII 1723

J. G. Knight

G. McMenemy

Gail Misra

Grievance referral adjourned sine die 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 application will be deemed terminated if neither party requests to proceed.

Carpenters & Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America v. Eton Construction (Canada) Inc., 2000 CanLII 1508

J. G. Knight

G. McMenemy

Gail Misra

Representation vote directed in construction industry application for union certification.

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

The Board found that the applicant is a trade union and an affiliated bargaining agent.

Based on the membership evidence filed, the Board determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken among the eligible construction labourers.

Labourers International Union of North America, Local 527 v. Thomas Fuller Construction Co. Limited, 2000 CanLII 7849

J. G. Knight

G. McMenemy

Gail Misra

Employer ordered to pay $37,499 in unpaid benefit remittances in default 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 failed to remit benefit contributions and vacation pay.

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

Proceeding by default, the Board accepted the union's allegations as true, declared the employer bound by the collective agreement, and ordered the employer to pay $37,499.00 in damages for unpaid remittances, plus $214.00 for filing fees.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Lopes Drywall & Acoustics Inc., 2000 CanLII 4464

J. G. Knight

G. McMenemy

Gail Misra

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 granted leave to withdraw the application.

Drywall Acoustic Lathing and Insulation Local 675 v. Domas Holdings (Ontario) Inc., 2000 CanLII 4372

Gail Misra

Application withdrawn with leave of the Board.

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

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

Gwen Kroepfl v. The Corporation of the City of Oshawa, 2000 CanLII 3281

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

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

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

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

J. G. Knight

G. McMenemy

Gail Misra

Employment and Labour Law

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

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 BoardJun 1, 2000

Board corrects typographical errors in file numbers from a previous decision.

The Ontario Labour Relations Board issued a decision to correct typographical errors in a previous decision dated May 11, 2000.

The Board amended paragraphs 1 and 2 to reflect the correct Board File Number.

Labourers’ International Union of North America, Local 183 v. Oxville Homes Ltd., 2000 CanLII 6580

Mark Stone

In Private Practice12 cases1997–2013

Cynthia Watson

8 cases1993–2015

Anna Ruddy

1 case2000–2000

Gail Misra

OLRBOntario Labour Relations BoardMay 30, 2000

Bad faith bargaining complaint dismissed; expired collective agreement terms supersede pre-existing service agreements for dependent contractors.

The Board held that once the parties bargained a collective agreement (or had one imposed by arbitration), the service agreement terms on those subjects were superseded.

Following the expiry of the statutory freeze, the employers were entitled to alter those terms.

The bad faith bargaining complaint was dismissed.

Amalgamated Transit Union, Local 1731 v. McIntosh Limousine Service Ltd., 2000 CanLII 12742

Gail Misra

OLRBOntario Labour Relations BoardMay 30, 2000

Board orders representation vote between two unions for service employees following hospital amalgamation.

The applicant hospital applied under the Public Sector Labour Relations Transition Act, 1997 following an amalgamation.

The parties reached a Memorandum of Agreement defining the full-time and part-time service bargaining units and agreeing to a representation vote between two unions.

The Board issued orders reflecting the parties' agreement, directing a vote and establishing campaign access rules.

The Rehabilitation Institute of Toronto v. Canadian Union of Public Employees, Local 1156, 2000 CanLII 12710

Gail Misra

OLRBOntario Labour Relations BoardMay 24, 2000

Pre-hearing production of documents ordered in related employer and sale of business application, subject to confidentiality.

The applicant union sought pre-hearing production of numerous documents in an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The Board declined to order the creation of new documents or the production of highly confidential financial information, and directed the applicant to pay reasonable copying costs.

Service Employees International Union, Local 204 v. Durham Access to Care, 2000 CanLII 13411

Gail Misra

Board directed applicant to consider amending duty of fair representation complaint to duty of fair referral.

The Board noted that the allegations pertained to the union's hiring hall list and were more appropriately characterized as a duty of fair referral complaint under section 75.

Andre Lussier v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, 2000 CanLII 13309

Gail Misra

Employer's appeal of Order to Pay dismissed for failing to pay full amount into trust.

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

The application was filed late, and the employer failed to pay the full amount of the Order into trust, having only paid a portion through a collection agency arrangement.

1146693 Ontario Inc. o/a Tiger Town Towing v. Lino Renauld, 2000 CanLII 12224

J. G. Knight

G. McMenemy

Gail Misra

Application withdrawn with leave of the Board.

The applicant, Christian Labour Association of Canada, sought to withdraw its application against Stephens & Rankin Inc. The Ontario Labour Relations Board granted leave to withdraw the application.

Christian Labour Association of Canada v. Stephens & Rankin Inc., 2000 CanLII 3550

Gail Misra

Application terminated following settlement between the parties.

The applicant filed an application against the employer and the Ministry of Labour.

Following a settlement reached between the parties on May 17, 2000, the Ontario Labour Relations Board ordered the application terminated.

Eduardo R. Payawal v. Sew-Biz Fashion Inc., 2000 CanLII 1866

J. G. Knight

G. McMenemy

Gail Misra

Application withdrawn with leave of the Board.

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

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

Drywall Acoustic Lathing and Insulation Local 675 v. James St. John c.o.b. as Knights Drywall, 2000 CanLII 1723

J. G. Knight

G. McMenemy

Gail Misra

Grievance referral adjourned sine die 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 application will be deemed terminated if neither party requests to proceed.

Carpenters & Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America v. Eton Construction (Canada) Inc., 2000 CanLII 1508

J. G. Knight

G. McMenemy

Gail Misra

Representation vote directed in construction industry application for union certification.

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

The Board found that the applicant is a trade union and an affiliated bargaining agent.

Based on the membership evidence filed, the Board determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken among the eligible construction labourers.

Labourers International Union of North America, Local 527 v. Thomas Fuller Construction Co. Limited, 2000 CanLII 7849

J. G. Knight

G. McMenemy

Gail Misra

Employer ordered to pay $37,499 in unpaid benefit remittances in default grievance referral.

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

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Lopes Drywall & Acoustics Inc., 2000 CanLII 4464

J. G. Knight

G. McMenemy

Gail Misra

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 granted leave to withdraw the application.

Drywall Acoustic Lathing and Insulation Local 675 v. Domas Holdings (Ontario) Inc., 2000 CanLII 4372

Gail Misra

Application withdrawn with leave of the Board.

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

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

Gwen Kroepfl v. The Corporation of the City of Oshawa, 2000 CanLII 3281

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.

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

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

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

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

J. G. Knight

G. McMenemy

Gail Misra