G. McMenemy

G. McMenemy

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 20, 2001

Board orders representation vote in construction industry certification application after employer fails 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.

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

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

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

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Express Carpentry, 2001 CanLII 18284

J. G. Knight

G. McMenemy

Christopher J. Albertyn

Union decertified following a representation vote where a majority opposed the responding party.

The applicant applied to terminate the responding party's bargaining rights.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the responding party, and with no statements of desire to make representations filed, the Ontario Labour Relations Board declared that the responding party no longer represents the employees in the bargaining unit.

Jim Helmkay v. Ontario Sheet Metal Workers International Association, 2001 CanLII 16080

J. G. Knight

G. McMenemy

Christopher J. Albertyn

Board grants default declarations and orders for unfair labour practices after respondents fail to reply.

The applicant union filed an unfair labour practice application.

After the responding parties failed to file a response to the applicant's motion, the Board granted the requested relief.

The Board declared that the employer violated the Labour Relations Act by bargaining with another union while bound by a collective agreement with the applicant, and by discriminating against union members.

The Board voided any collective agreement between the employer and the other union, ordered them to cease the violations, and held them jointly and severally liable for compensation.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Daniel McLean, 2001 CanLII 3909

J. G. Knight

G. McMenemy

Christopher J. Albertyn

Board orders production of documents in related employer application.

The union, as the applicant in a related employer application, requested a production order for various documents.

The Ontario Labour Relations Board granted the request, ordering the production of the documents listed in the union counsel's letter for the period starting three years prior to the application date, with older documents to be made available at the employer's premises.

International Union of Painters and Allied Trades, Local 200 v. S & S Glass & Aluminum (1993) Ltd., 2001 CanLII 9504

J. G. Knight

G. McMenemy

Christopher J. Albertyn

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Bramkal Contractors Inc., 2001 CanLII 10128

J. G. Knight

G. McMenemy

Christopher J. Albertyn

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

The applicant and responding party agreed to adjourn the application 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 no request to proceed is made.

Construction Workers Local 52 v. North America Construction (1993) Ltd., 2001 CanLII 2600

J. G. Knight

G. McMenemy

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 18, 2001

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

The applicant union and responding employer agreed to adjourn the application 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. Carosi Construction Ltd., 2001 CanLII 10993

J. G. Knight

G. McMenemy

Christopher J. Albertyn

OLRBOntario Labour Relations BoardJun 18, 2001

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

International Brotherhood of Boilermakers, Iron Ship Buildings, Blacksmiths, Forgers and Helpers, Local 128 v. Thermogenics Group of Companies, 2001 CanLII 9308

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardJun 13, 2001

Union certified for construction labourers in the ICI sector and other sectors following a successful representation vote.

The applicant union applied for certification in the construction industry.

The Board previously directed a representation vote and required the applicant to satisfy the Board that it was entitled to apply for certification in the ICI sector.

After reviewing the applicant's submissions, the Board was satisfied of this entitlement.

As more than 50% of the ballots cast in the representation vote were in favour of the applicant, the Board ordered the issuance of two certificates pursuant to section 160(1) of the Labour Relations Act, 1995: one for the ICI sector province-wide, and another for all other sectors in the specified geographic areas.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Amlin Contracting Ltd., 2001 CanLII 19373

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardJun 13, 2001

The Board granted extensions of time for the employer and intervenor to file submissions.

The Ontario Labour Relations Board granted an extension of time for the employer, National Capital Road Builders Association, to file submissions by June 19, 2001, and for the intervenor, Dibblee Paving & Materials Limited, to file materials by June 27, 2001.

Labourers’ International Union of North America, Local 527 v. National Capital Road Builders Association, 2001 CanLII 14952

J. G. Knight

Inge M. Stamp

G. McMenemy

Board orders responding parties to produce documents in common employer and sale of business application.

The applicant union sought an order for the production of documents in an application alleging common control or direction and a sale of a business under the Labour Relations Act, 1995.

The Board noted that the responding parties had not responded to the applicant's request and directed them to produce the requested documents or state their objections prior to the scheduled hearing.

Universal Workers Union, L.I.U.N.A. Local 183 v. Gagliano Floor Finish Ltd. and Grenwitch General Contracting Inc., 2001 CanLII 11297

J. G. Knight

Inge M. Stamp

G. McMenemy

Responding party directed to fully particularize allegations of improper conduct under the Board's Rules of Procedure.

The intervenor requested the Board direct the responding party to comply with Rules 30(d) and 38 of the Board's Rules of Procedure and section 8 of the Statutory Powers Procedure Act by fully particularizing its allegations.

The Board reviewed the allegations and directed the responding party to file additional particulars.

The Board noted that if the responding party failed to provide the particulars, the intervenor could renew its motion to dismiss for failing to establish a prima facie violation of the Labour Relations Act, 1995.

Warrington Kelvin v. Labourers’ International Union of North America, Local 183, 2001 CanLII 10065

Michael Klug

26 cases1992–2024

John Moszynski

71 cases1986–2017

Bill Anderson

4 cases1995–2001

J. G. Knight

G. McMenemy

Christopher J. Albertyn

Motion to dismiss unfair labour practice complaint denied as core allegations established a prima facie case.

The Labourers applied for certification to displace the Carpenters as the bargaining agent for employees of the employer.

The Carpenters filed an unfair labour practice complaint alleging the employer colluded with the Labourers by removing two carpenters from the bargaining unit and replacing them with employees who would vote for the Labourers.

The employer and the Labourers brought a motion to dismiss the complaint for failing to disclose a prima facie case.

The Board struck late allegations filed by the Carpenters but found that the core allegations narrowly made out a prima facie case, particularly given the reverse onus in section 96(5) of the Act.

The motion to dismiss was denied and the complaint was directed to proceed to a hearing.

Labourers’ International Union of North America v. O & P Carpentry Limited, 2001 CanLII 16662

Marilyn Silverman

OLRB0 cases2000–2001

G. Pickell

G. McMenemy

Representation vote directed in construction industry certification application after employer failed to file response.

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

The responding party employer failed to file a response within the stipulated time.

Based on the application material, the Board found that not less than forty percent 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.

The International Union of Painters and Allied Trades, Local Union 1891 v. Rinlor Construction Ltd. o/a Fischer Drywall & Acoustics, 2001 CanLII 17872

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardJun 11, 2001

Board defers applicant's preliminary issues regarding intervenor's collective agreement to the scheduled hearing panel.

The applicant union raised preliminary issues by letter, including a request for proof that the responding party was bound to a collective agreement with the intervenor.

The Ontario Labour Relations Board noted the responding party's assertion that it was bound to the provincial agreement and directed that the applicant's issues be raised before the panel scheduled to hear the application.

Labourers’ International Union of North America, Ontario Provincial District Council v. S.S.T. Contracting Ltd., 2001 CanLII 5384

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardJun 11, 2001

Board grants applicant's request for an extension of time to seek a production order.

The applicant requested an extension of time to request a production order in a challenge to a proposed project agreement, citing the need to secure more information about wages, hours of work, and overtime provisions in recently negotiated provincial agreements.

The Board granted the extension to June 12, 2001, but maintained the other dates for filing submissions.

The Board also noted that only the Sarnia Construction Association as agent for Shell Canada Products had advised of its desire to participate, so service on other responding parties was not necessary.

International Brotherhood of Electrical Workers, Local 530 v. Sarnia Construction Association, 2001 CanLII 4029

Inge M. Stamp

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJun 11, 2001

Union directed to provide full particulars of its allegations of employer misconduct.

In an application before the Ontario Labour Relations Board, the responding union alleged that the application was sponsored by the employer and that the employer coerced employees.

The intervenor employer requested that the union be ordered to provide full particulars of these allegations.

The Board directed the union to fully particularize its allegations in accordance with Rule 38 of the Board's Rules of Procedure.

Ken Fields v. Teamsters, Chauffeurs, Warehousemen and Helpers Union Local 880, 2001 CanLII 5858

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardJun 8, 2001

Board issued a revised certificate to correct an error in the bargaining unit description.

The Ontario Labour Relations Board issued a decision to correct a previously issued certificate that incorrectly described the bargaining unit for journeymen electricians and apprentices employed by Ogilvie Electric Inc. A revised certificate was issued, and the parties were directed to return the earlier certificate for cancellation.

Construction Workers Local 53 v. Ogilvie Electric Inc., 2001 CanLII 14466

J. G. Knight

Inge M. Stamp

G. McMenemy