G. McMenemy

G. McMenemy

David A. McKee

Board directs representation vote in construction industry certification application.

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 council of trade unions and an affiliated bargaining agent.

Finding that at least 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 employees of the responding party.

Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers v. Fibrecast Inc., 2001 CanLII 13649

J. G. Knight

G. McMenemy

David A. McKee

Board appoints officer to enter employer premises to post certification notices after employer failed to comply.

The applicant union advised the Board that the responding party employer failed to post the required notices of the certification application and representation vote.

Pursuant to sections 111(2)(f) and (g) of the Labour Relations Act, 1995, the Board appointed a Labour Relations Specialist to enter the employer's premises and conspicuously post the required documents.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 71 v. Exner Plumbing & Heating Ltd., 2001 CanLII 12605

J. G. Knight

G. McMenemy

David A. McKee

Board directed employer to provide proof of service of its response following union's reconsideration request.

The applicant union requested reconsideration of an earlier decision, asserting it was not served with the employer's response and that the response was therefore untimely.

The Board noted the certificate of delivery did not specify on whom the response was served.

The Board directed the responding party to advise whether it served the applicant and to provide a fax transmission report if it did, before determining whether to seal the ballot box.

Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers v. Fibrecast Inc., 2001 CanLII 18155

J. G. Knight

G. McMenemy

David A. McKee

Representation vote ordered 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 Board found an appearance of membership sufficient to order a representation vote.

The responding party asserted there were no employees in the bargaining unit, which the Board noted could be determined following the vote.

The Board directed that a representation vote be taken of the individuals in the voting constituency.

Construction and Allied Workers Local Union 607 v. Hugh Munro Construction Ltd., 2001 CanLII 12038

J. G. Knight

G. McMenemy

David A. McKee

Board directs representation vote for plumbers and steamfitters after employer fails to respond to certification application.

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.

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

Based on the information provided, the Board determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

The Board defined the appropriate bargaining unit for plumbers, steamfitters, and their apprentices in the industrial, commercial, and institutional sector in Ontario, and all other sectors in Ottawa and Prescott and Russell.

The Board directed that a representation vote be taken on August 2, 2001.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 71 v. Exner Plumbing & Heating Ltd., 2001 CanLII 12559

J. G. Knight

Harry Freedman

G. McMenemy

Board issues consent order for $5,300 damages and directs ballot counting per parties' settlement.

The parties reached Minutes of Settlement regarding an application for certification, an unfair labour practice complaint, and a grievance referral.

The Ontario Labour Relations Board issued a consent order declaring that the responding party was bound to the Principal Agreement and had violated its union security provisions by hiring non-union members.

The Board ordered the responding party to pay $5,300 in damages and directed the counting of ballots cast by seven agreed-upon eligible voters in the certification application.

International Brotherhood of Electrical Workers, Local 353 v. Lancor Electric (1996) Ltd., 2001 CanLII 9823

J. G. Knight

G. McMenemy

David A. McKee

Board orders pre-hearing document production in construction industry decertification application.

In an application for decertification in the construction industry, the responding union raised an issue under section 63(13) of the Labour Relations Act, 1995.

The Ontario Labour Relations Board ordered the applicant and the intervenor employer to produce documents relating to work performed by the applicant prior to the hearing, pursuant to its authority under section 111(2)(b) of the Act.

Michael Merlin v. Local 27 Carpenters, 2001 CanLII 9931

J. G. Knight

G. McMenemy

D. L. Gee

Board issued consent orders for unpaid remittances and damages following parties' settlement of grievance.

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

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

The Board issued orders and declarations in accordance with the settlement, declaring the responding party bound by the collective agreement and ordering it to pay outstanding remittances, liquidated damages, and compensation for filing fees.

Universal Worker’s Union, L.I.U.N.A., Local 183 v. Fourwinds Construction Inc., 2001 CanLII 12860

J. G. Knight

G. McMenemy

D. L. Gee

Consent order issued requiring employer to pay outstanding union remittances and liquidated damages.

The applicant union referred a grievance to arbitration 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 that the responding party was bound by the collective agreement and had violated it by failing to make timely remittances to the union's health, welfare, and pension funds.

The Board ordered the responding party to pay $15,570.03 in outstanding remittances, $989.65 in liquidated damages, and $214.00 for the union's filing fees.

Universal Workers Union, L.I.U.N.A., Local 183 v. Fino Contracting Inc., 2001 CanLII 14675

J. G. Knight

G. McMenemy

D. L. Gee

Hearing adjourned at applicant's request with no appearance by responding party.

The applicant requested an adjournment of the scheduled hearing.

As no one appeared on behalf of the responding party, the Ontario Labour Relations Board granted the request and adjourned the hearing to a later date.

Universal Workers Union, L.I.U.N.A., Local 183 v. Cobra Drain & Development Corporation, 2001 CanLII 18761

J. G. Knight

Harry Freedman

G. McMenemy

Application for certification dismissed after union failed to win majority in representation vote following settlement.

The applicant union filed an application for certification and a subsequent unfair labour practice complaint against the responding employer and intervenor union.

The parties entered into Minutes of Settlement resolving all outstanding issues, including withdrawing challenges to voter eligibility and the section 8.1 challenge.

The unfair labour practice complaint was withdrawn.

Following the settlement, the ballots from the representation vote were counted.

As not more than fifty per cent of the ballots were cast in favour of the applicant, the Board dismissed the application for certification.

Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America v. Cancian Construction Ltd., 2001 CanLII 9186

J. G. Knight

G. McMenemy

D. L. Gee

Consent order issued requiring employer to pay outstanding remittances and liquidated damages following grievance settlement.

The applicant union referred a grievance to arbitration 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 that the responding party was bound by the collective agreement and had violated it by failing to make timely remittances to various funds.

The Board ordered the responding party to pay $12,276.20 in remittances, $737.83 in liquidated damages, and $214.00 for filing fees.

Universal Workers Union, L.I.U.N.A., Local 183 v. Fourwinds Construction Inc., 2001 CanLII 18593

J. G. Knight

G. McMenemy

D. L. Gee

Hearing adjourned to August 13, 2001 at the request of the applicant.

The applicant requested an adjournment of the hearing scheduled for July 30, 2001.

With no one appearing on behalf of the responding party, the Ontario Labour Relations Board granted the request and adjourned the matter to August 13, 2001.

Universal Workers Union, L.I.U.N.A., Local 183 v. Metro Forming Ltd., 2001 CanLII 15409

J. G. Knight

Harry Freedman

G. McMenemy

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

The applicant trade union filed an application for certification.

Following a representation vote in which more than 50 per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board issued certificates to the applicant for the industrial, commercial and institutional sector in the Province of Ontario, and for all other sectors in the Counties of Essex and Kent, pursuant to section 160(1) of the Labour Relations Act.

United Brotherhood of Carpenters and Joiners of America, Local 494 v. Titan Contracting (Windsor) Incorporated, 2001 CanLII 19788

J. G. Knight

G. McMenemy

D. L. Gee

Hearing adjourned to August 13, 2001 at the applicant's request.

The applicant requested an adjournment of the hearing scheduled for July 30, 2001.

With no one appearing on behalf of the responding party, the Ontario Labour Relations Board granted the request and adjourned the hearing to August 13, 2001.

Universal Workers Union, L.I.U.N.A., Local 183 v. Osler Paving & Construction Ltd., 2001 CanLII 13077

Anita M. Hines

1 case2001–2001

J. G. Knight

Harry Freedman

G. McMenemy

Board orders second representation vote based on parties' settlement of unfair labour practice complaint.

The union filed an application for certification and an unfair labour practice complaint against the employer.

The parties reached a settlement agreement with the assistance of a Labour Relations Officer, agreeing to a second representation vote and the termination of the unfair labour practice complaint.

The Board issued a consent order incorporating the terms of the settlement, directing an additional representation vote under section 111(5) of the Labour Relations Act, 1995, and terminating the unfair labour practice complaint.

Universal Workers Union, Labourers' International Union of North America Local 183 v. Mase Contracting Ltd., 2001 CanLII 17809

J. G. Knight

Harry Freedman

G. McMenemy

Employer ordered to pay wages and penalties after failing to respond to construction 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 pay proper wages and provide Records of Employment in a timely manner.

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

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

The Board found the employer violated the collective agreement and ordered it to pay outstanding wages, waiting time penalties, and the filing fee, and to provide the outstanding Record of Employment.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 765 v. Mometal Seaway Inc., 2001 CanLII 5835

J. G. Knight

Harry Freedman

G. McMenemy

Board directed parties to prepare for responding party's voter eligibility challenges first due to logistical concerns.

In an application for certification, a representation vote was held where both parties challenged the eligibility of several voters.

The responding party requested that the Board bifurcate the upcoming hearing to first address its challenges to three individuals whom the applicant claimed were employees, citing logistical difficulties in having all challenged voters present simultaneously.

The Board agreed that the responding party's logistical concerns were persuasive and directed the parties to be prepared to deal with the responding party's challenges first, while leaving the final decision on bifurcation to the panel assigned to hear the matter.

United Brotherhood of Carpenters and Joiners of America, Local 1946 v. Reed Atwood Inc., 2001 CanLII 14407

J. G. Knight

G. McMenemy

D. L. Gee