G. McMenemy

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardJul 27, 2001

Default judgment granted against employer for late payment of fringe benefits remittances.

The applicant referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding party failed to remit fringe benefits on time.

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 liable for late payment damages and directed payment of $1,256.00 plus interest and the filing fee.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Mainway Industrial Installations Inc., 2001 CanLII 2492

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardJul 27, 2001

Adjournment request denied due to late notice and insufficient grounds of inconvenience.

The responding party, Technica Group Inc., requested an adjournment of a scheduled hearing because its principal was getting married and hosting family from Italy.

The applicant union opposed the request.

The Ontario Labour Relations Board denied the adjournment, noting that the request was made only a week before the hearing despite notice having been given six weeks prior.

The Board found that the principal's inconvenience did not constitute compelling grounds for an adjournment, especially given the late notice and the potential for significant delay in rescheduling.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 800 v. An Mar Mechanical and Electrical Contractors Ltd., 2001 CanLII 6235

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardJul 27, 2001

D. L. Gee

OLRB0 cases1994–2001

Board issues related employer declarations and permits withdrawals pursuant to parties' Minutes of Settlement.

The applicant union brought an application under sections 69 and 1(4) of the Labour Relations Act, 1995, and referred a grievance to arbitration under section 133.

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

Having regard to the settlement, the Board issued declarations that the responding corporate entities and individual were related employers and bound by the relevant collective agreements.

The application against Marsand Contracting Inc. and the grievance referral were withdrawn with leave of the Board.

Drywall Acoustic Lathing and Insulation Local 675 v. Sipico Drywall Inc., 2001 CanLII 2900

Laura Trachuk

J. G. Knight

G. McMenemy

Motion to dismiss related employer and sale of business applications for insufficient particularization denied.

The responding parties requested that the applications under sections 69 and 1(4) of the Labour Relations Act, 1995 be dismissed against Spectrum Construction Services Inc., Columbia Chrome, and Cloutier's Machine Shop Limited on the grounds of insufficient particularization.

The Board found that the allegations were sufficient to proceed, given section 69(13) of the Act.

The Board amended the name of one responding party to Spectrum Construction and directed the applicant to serve the applications on that company.

The Board also directed the responding parties to produce all relevant documents.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Unions 628 and 800 v. R.L.P. Mechanical Ltd., 2001 CanLII 18938

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Board adjourned the application sine die, to be deemed terminated if no request to proceed is made within one year.

Labourers’ International Union of North America, Local 247 v. E.S. Fox Limited, 2001 CanLII 11556

J. G. Knight

G. McMenemy

Christopher J. Albertyn

Adjournment of certification hearing denied despite partial consent to avoid unreasonable delay.

The Carpenters requested an adjournment of three scheduled hearing days for a certification application and an unfair labour practice complaint due to counsel unavailability.

The employer consented, but the Labourers objected.

The Ontario Labour Relations Board denied the adjournment request, noting its policy to only grant adjournments on consent except in exceptional circumstances.

The Board emphasized that certification applications must be dealt with expeditiously, and granting the adjournment would delay the hearing until December 2001, which was deemed unreasonable.

Labourers’ International Union of North America v. O & P Carpentry Limited, 2001 CanLII 13555

J. G. Knight

Harry Freedman

G. McMenemy

Board amends proposed project agreement to prevent disproportionate wage reduction for challenging union's members.

The applicant union challenged a proposed project agreement under section 163.1(9) of the Labour Relations Act, 1995, arguing it would result in a disproportionate reduction in total wages and benefits for its members compared to other approving unions.

The Board found that the change in the standard work week from 36 to 40 hours, combined with a 5% base wage reduction, disproportionately affected the applicant's members.

The Board amended the proposed project agreement to increase the base hourly wage rate for the applicant's members to 100.22% of their prevailing provincial agreement rate, ensuring their proportional wage reduction matched the largest reduction of an approving union, and declared the amended agreement in force.

International Brotherhood of Electrical Workers, Local 530 v. Sarnia Construction Association, 2001 CanLII 9697

J. G. Knight

G. McMenemy

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJul 25, 2001

Employer ordered to post $50,000 bond for repeated late payments in default grievance proceeding.

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

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

Proceeding by default, the Board deemed the facts in the application accepted, found the employer violated the collective agreement, and ordered the employer to post a $50,000 bond and pay costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Industry Drywall Solutions Ltd., 2001 CanLII 17845

J. G. Knight

G. McMenemy

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJul 25, 2001

Employer ordered to post $47,217.95 bond after failing to respond to union's 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 post a bond for repeated late payments of contributions as required by the collective agreement.

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

Proceeding by way of default, the Board accepted the applicant's allegations as true, declared the employer in violation of the collective agreement, and ordered the employer to deliver a bond or certified cheque in the amount of $47,217.95, plus costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Eastern Drywall & Acoustics Limited, 2001 CanLII 19426

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardJul 25, 2001

Grievance referral adjourned sine die on consent for up to one year.

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 would be deemed terminated if neither party requested to proceed.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. P.C.L. Constructors Ltd., 2001 CanLII 5695

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardJul 24, 2001

Board granted agreed-upon extension of time for responding parties to file their reply.

The applicant applied under section 127.2 of the Labour Relations Act, 1995 for a declaration terminating the bargaining rights of the responding parties.

The parties agreed to extend the time for the responding parties to file their reply.

The Board granted the extension, ordering the reply to be filed by August 20, 2001, or at least seven days before the hearing date.

The Corporation of the City of Sault Ste. Marie v. Labourers' International Union of North America, 2001 CanLII 18522

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardJul 24, 2001

Grievance referral adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if no request to proceed was made within one year.

The International Union of Painters and Allied Trades, District Council 46 v. Alexander Decor, 2001 CanLII 4245

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardJul 24, 2001

Extension of time to file response granted due to counsel vacation schedules.

The responding party union requested an extension of time to file its response to a work assignment application under section 99 of the Labour Relations Act, 1995, citing vacation schedules.

The Board granted the extension to August 20, 2001, noting that a consultation had not yet been scheduled.

Sheet Metal Workers’ International Association, Local 504 v. Douro Roofing & Sheet Metal Contractors Inc., 2001 CanLII 7880

J. G. Knight

Inge M. Stamp

G. McMenemy

Employer ordered to pay over $16,000 in damages for collective agreement violations 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 failed to apply proper rates of pay under the collective agreement.

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, ordered it to cease and desist, and awarded $16,172.27 in damages plus $214.00 in statutory costs.

A request for legal costs was denied due to insufficient information.

International Brotherhood of Electrical Workers, Local 530 v. Semac Power & Controls Ltd., 2001 CanLII 15139

J. G. Knight

Harry Freedman

G. McMenemy

Board amends applicant union's name to correct a good faith mistake under section 112.

The applicant union requested to amend its name in the title of proceedings, having mistakenly included 'District Council 46' in the original application.

The Ontario Labour Relations Board exercised its discretion under section 112 of the Labour Relations Act, 1995, finding the mistake was made in good faith, and amended the applicant's name to 'International Union of Painters and Allied Trades, Local 1891'.

International Union of Painters and Allied Trades, Local 1891 v. T & F Stucco Systems Inc., 2001 CanLII 8878

J. G. Knight

Harry Freedman

G. McMenemy

Trade union certified as bargaining agent following successful representation vote.

The applicant trade union applied for certification.

Following a representation vote where more than 50% of ballots were cast in favour of the applicant, the parties agreed on the correct name of the responding party.

The Board ordered the issuance of two certificates pursuant to section 160(1) of the Act: one for the industrial, commercial and institutional sector, and another for all other sectors in the specified geographic areas.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. C.M.S. Commercial Mechanical Services Ltd., 2001 CanLII 19893

J. G. Knight

Inge M. Stamp

G. McMenemy

Board issues consent orders settling grievance based on parties' Memorandum of Agreement.

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 a Memorandum of Agreement settling the dispute, which included an admission of a collective agreement violation and an agreement to compensate an employee for 32 hours of wages.

The Board issued consent orders, declarations, and directions in accordance with the parties' agreement.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. Belanger Construction Limited, 2001 CanLII 17491

J. G. Knight

Inge M. Stamp

G. McMenemy

Consent order issued incorporating settlement for employer's violation of collective agreement subcontracting provisions.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging that the responding party employer violated the provincial collective agreement by subcontracting work to non-union contractors.

Prior to the hearing, the parties entered into Minutes of Settlement wherein the employer acknowledged the violation and agreed to pay $5,000 in damages, which included outstanding benefit fund contributions.

The employer also agreed to remove the non-union subcontractors from the job site.

The Board issued a consent order incorporating the Minutes of Settlement.

Labourers’ International Union of North America, Local 527 v. M.P. Lundy Construction (Ontario) Limited, 2001 CanLII 13023

J. G. Knight

G. McMenemy

Christopher J. Albertyn