G. McMenemy

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardAug 28, 2001

Employer ordered to post bond and pay costs after failing to respond to grievance referral.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding employer failed to post a required bond after repeated late payments of contributions.

The responding party failed to file a response or notice of intent to defend.

The Board deemed the facts in the application accepted, found the employer violated the collective agreement, and ordered the employer to post a bond of $16,280.35 and pay costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Losereit Limited, 2001 CanLII 20138

Steve Zarich

2 cases2001–2001

John Moszynski

71 cases1986–2017

Jay Rider

8 cases1999–2001

Douglas J. Wray

69 cases1980–2001

Laura Trachuk

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardAug 28, 2001

Board granted applicant's request to adjourn the matter sine die for up to one year.

The applicant requested an adjournment sine die for a period not exceeding one year.

The Board granted the request, noting that the matter would be deemed terminated without further notice if neither party requested to proceed within that time.

The panel remained seized of the matter and offered continued mediation assistance.

Labourers’ International Union of North America, Local 506 v. Metro Concrete Floors (1990) Inc., 2001 CanLII 7207

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardAug 28, 2001

Representation vote ordered and ballot box sealed in construction industry certification application.

The applicant trade union filed an application for certification in the construction industry.

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the proposed bargaining unit could be appropriate but noted that the applicant's membership evidence might represent less than 40 per cent of the individuals in the unit.

Consequently, the Board ordered a representation vote and directed that the ballot box be sealed until further order.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Promark Aluminum Ltd., 2001 CanLII 11469

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardAug 27, 2001

Application adjourned sine die on consent of the parties.

The applicant union brought an application before the Ontario Labour Relations Board.

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it would be deemed terminated if no party requested to proceed.

Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America v. Neway Construction Ltd., 2001 CanLII 14856

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardAug 24, 2001

Board directs representation vote in construction industry certification application and orders ballot box sealed.

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

The responding party disputed the applicant's estimate of the number of employees in the bargaining unit and gave notice under section 8.1 of the Act.

The intervenor claimed to represent affected employees but failed to provide a copy of its collective agreement.

Finding that the applicant appeared to have the requisite 40 percent membership support, the Board defined the appropriate bargaining unit and directed that a representation vote be held, with the ballot box to be sealed pending resolution of the disputes.

Labourers’ International Union of North America v. Marciano Doors & Trim Co. Ltd., 2001 CanLII 11296

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardAug 24, 2001

Default judgment issued against employer for unpaid benefit contributions and union dues under collective agreement.

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, pay vacation pay, and hire through the union office.

The responding party failed to file a response or notice of intent to defend.

Pursuant to the Board's Rules of Procedure, the Board deemed the facts in the application accepted and issued a default decision.

The Board declared the employer bound by the collective agreement, found it in violation, and ordered it to pay $6,368.69 in damages plus $214.00 in costs.

The Ontario Council of the International Union of Painters and Allied Trades, (Local Union 200) v. Vision 2000 Division of 2786630 Canada Inc., 2001 CanLII 18686

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardAug 24, 2001

Time for filing a response to related employer/sale of business application extended.

The responding party requested an extension of time to file a response to an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The Ontario Labour Relations Board granted the request, extending the time for filing a response to September 4, 2001.

International Brotherhood of Electrical Workers, Local 1687 v. Kvaerner Cementation Division, Kvaerner Canada Inc., Kvaerner Constructors Ltd. and Cementation Skanska Canada Inc., 2001 CanLII 14062

J. G. Knight

G. McMenemy

D. L. Gee

OLRB0 cases1994–2001

Grievance referral adjourned sine die on consent of the parties.

The applicant union referred a grievance to the Ontario Labour Relations Board.

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no request to proceed is made.

United Brotherhood of Carpenters and Joiners of America, Local 2041 v. C. Giamberardino Contracting Inc., 2001 CanLII 3053

J. G. Knight

G. McMenemy

D. L. Gee

OLRB0 cases1994–2001

Application withdrawn with leave of the Board.

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

The Board granted leave and the application was withdrawn.

Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America v. Adlers Main Tile and Concrete Co. Ltd., 2001 CanLII 8135

J. G. Knight

G. McMenemy

D. L. Gee

OLRB0 cases1994–2001

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 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. Black & McDonald Limited, 2001 CanLII 3753

J. G. Knight

Inge M. Stamp

G. McMenemy

Employer ordered to pay over $25,000 in unpaid union dues and benefit contributions in default proceeding.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit union dues and benefit 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 responding party bound by the provincial collective agreement and ordered it to pay $25,483.58 in damages and $214.00 in costs.

The International Union of Painters and Allied Trades, (Local Union 1494/1590) v. City Acoustics Ltd., 2001 CanLII 2849

J. G. Knight

Inge M. Stamp

G. McMenemy

Employer ordered to pay over $29,000 in damages for unpaid wages and benefits in default grievance decision.

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 pay proper wages, benefits, and union dues pursuant to the provincial 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, cancelled the scheduled hearing, and ordered the employer to pay $29,587.81 in damages and $214.00 in costs.

The Ontario Council of the International Union of Painters and Allied Trades, (Local Union 200) v. Ener Glass Construction Inc., 2001 CanLII 16500

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardAug 21, 2001

Grievance adjourned sine die pending filing of work assignment application by intervenor.

The applicant union and the intervenor agreed to adjourn the grievance sine die pending the filing of a work assignment application by the intervenor.

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

The Board adjourned the matter sine die for a period not exceeding one year, and cancelled the scheduled hearing.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. The On-Site Group Inc., 2001 CanLII 3382

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardAug 21, 2001

Board orders representation vote in construction industry certification application after finding requisite membership support.

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 its response within the stipulated time.

The Board found that the applicant is a trade union and that it appeared to have the requisite membership support of at least forty percent in the proposed bargaining unit.

The Board defined the appropriate bargaining unit and directed that a representation vote be taken.

Labourers’ International Union of North America v. Colangelo Carpentry Co. Ltd., 2001 CanLII 4471

J. G. Knight

G. McMenemy

Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 17, 2001

Union certified as bargaining agent for construction employees following successful representation vote.

The applicant union applied for certification as the bargaining agent for a unit of bricklayers, stonemasons, plasterers, and improvers employed by the responding party in the construction industry.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board issued certificates to the union pursuant to section 160(1) of the Labour Relations Act.

Ontario Provincial Conference of International Union of Bricklayers and Allied Craftworkers v. Fibre Cast Inc., 2001 CanLII 12550

J. G. Knight

G. McMenemy

Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 16, 2001

Union decertified after majority of employees voted against representation in a Board-directed vote.

The applicant applied to terminate the bargaining rights of the responding party trade union.

A representation vote was held, and more than fifty percent of the ballots cast by employees in the bargaining unit were in opposition to the union.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board declared that the responding party no longer represents the employees of Almon Equipment Ltd. in the specified bargaining unit.

Kresh Boochoon v. Teamsters Local Union No. 230, 2001 CanLII 15509

J. G. Knight

G. McMenemy

Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 15, 2001

Default judgment granted against employer for unpaid wages and unremitted contributions following failure to respond.

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 pay wages and remit contributions.

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 agreements, ordered payment of $22,757.27 plus interest, directed the posting of a $4,000 bond, and ordered reimbursement of the filing fee.

Sheet Metal Workers’ International Assoc. Local 285 v. 1014097 Ontario Limited cob as Acu-Vent Systems, 2001 CanLII 3660

J. G. Knight

G. McMenemy

Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 15, 2001

Board directs Labour Relations Officer to post Notice of Vote after employer refused courier delivery.

In an application for certification under the construction industry provisions of the Labour Relations Act, 1995, the Board previously ordered a representation vote.

After the responding employer refused delivery of the decision and Notice of Vote by courier, the Board directed a Labour Relations Officer to attend the employer's premises to properly post the documents for the affected employees.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Bradford Sod Ltd., 2001 CanLII 3763

J. G. Knight

G. McMenemy

Christopher J. Albertyn