G. McMenemy

G. McMenemy

OLRBOntario Labour Relations BoardJun 6, 2001

Board declares sale of business to new corporation and awards union $56,677.32 for hiring hall violations.

The applicant union sought a declaration that Diamond Steel and Collin Erectors Inc. were a single employer or that a sale of business had occurred, along with a grievance referral for hiring hall violations.

The responding parties failed to file responses.

The Board found that the directing mind of Diamond Steel transferred his expertise and business operations to the newly incorporated Collin Erectors Inc. to avoid collective bargaining obligations.

The Board declared that a sale of business had occurred under section 69 of the Labour Relations Act, 1995, binding Collin Erectors Inc. to the collective agreement.

The Board also upheld the grievance, finding that Collin Erectors Inc. employed non-union workers in violation of the agreement, and ordered it to pay $56,677.32 in damages to the applicant.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Donald J. Collins c.o.b. as Diamond Steel, 2001 CanLII 4947

Inge M. Stamp

G. Pickell

G. McMenemy

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union applied for certification.

Following a representation vote directed by the Board, not more than 50 per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

As no statement of desire to make representations was filed, the Board dismissed the application and directed the destruction of the ballots after 30 days.

Canadian Union of Skilled Workers v. Powerline Utility Contractors Inc., 2001 CanLII 18110

Inge M. Stamp

G. Pickell

G. McMenemy

Union certification application dismissed after applicant failed to secure majority in representation vote.

The applicant union filed an application for certification.

Following a representation vote where not more than 50 per cent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board dismissed the application.

The Board directed the attention of the parties to section 10(3) of the Labour Relations Act, 1995 regarding future applications.

Canadian Union of Skilled Workers v. Powertel Utilities Contractors Limited, 2001 CanLII 18234

Inge M. Stamp

G. Pickell

G. McMenemy

Application adjourned sine die on consent of the parties.

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 matter will be deemed terminated if neither party requests to proceed.

The International Union of Painters and Allied Trades, Local 1590 v. Westmount Storefront Systems Ltd., 2001 CanLII 6949

Inge M. Stamp

G. Pickell

G. McMenemy

Application adjourned sine die for up to one year at applicant's request.

The applicant requested to adjourn the application sine die.

The Ontario Labour Relations Board granted the request for a period not exceeding one year, after which the matter will be deemed terminated if no party requests to proceed.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Lancia Tile Limited, 2001 CanLII 9444

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJun 4, 2001

Caroline Rowan

OLRB0 cases1999–2022

Applications adjourned sine die for up to one year on consent of the parties.

The applicants and responding party agreed to adjourn the applications sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the applications will be deemed terminated if no request to proceed is made.

Labourers’ International Union of North America, Local 837 v. Bramkal Contractors Inc., 2001 CanLII 19532

J. G. Knight

Harry Freedman

G. McMenemy

Board amends prior consent order to include omitted settlement terms regarding payment of $9,761.86.

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

The parties reached a settlement, and the Board issued a consent order on May 22, 2001.

The Board subsequently noted that paragraph 5 of the settlement was inadvertently omitted from the original decision.

The Board issued this decision to amend the May 22, 2001 decision, directing the responding party to pay the applicant $9,761.86 in scheduled installments and declaring the responding party bound by the collective agreement.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Ontario Fireproofers Ltd., 2001 CanLII 12002

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die on consent of the parties.

The applicant union 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 neither party requested to proceed within one year.

Millwrights Union Local 1916 v. BFC Industrial – Nicholls Radtke, 2001 CanLII 5519

J. G. Knight

Harry Freedman

G. McMenemy

Consent order issued directing the responding party to pay $13,064.93 for collective agreement violations.

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

Prior to the hearing, the parties entered into a Memorandum of Settlement.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated it, and directed the responding party to pay $13,064.93 in damages to the applicant.

International Union of Operating Engineers, Local 793 v. 1408026 Ontario Inc., 2001 CanLII 7172

Laura Trachuk

J. G. Knight

G. McMenemy

Grievance application adjourned sine die for up to one year on consent of the parties.

The applicant union and responding employers agreed to adjourn the grievance 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 no party requests to proceed.

International Brotherhood of Electrical Workers, Local 353 v. Midtown Enterprises Limited/Zenith Electric Limited, 2001 CanLII 12177

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

G. McMenemy

Board directed a Labour Relations Officer to post notice of the proceeding at the project site.

The applicant union sought a declaration that the responding parties were a single employer or that a sale of business occurred under the Labour Relations Act, 1995, along with allegations of unfair labour practices.

The responding parties did not file a response.

The Board previously noted it could not determine if affected employees had received notice.

After the applicant advised that notice had not been posted and provided the project location, the Board directed a Labour Relations Officer to post notice of the proceeding at the project site to allow affected employees to make submissions.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 71 v. Rideau Plumbing and Heating Ltd., 2001 CanLII 12822

J. G. Knight

Harry Freedman

G. McMenemy

Application for certification adjourned sine die on consent of the parties.

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

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

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Optex Staging & Services Inc., 2001 CanLII 20494

J. G. Knight

Harry Freedman

G. McMenemy

Matter referred to Registrar to be listed for hearing with overlapping applications between the parties.

The applicant requested that this matter be scheduled for hearing at the same time as several other applications involving the same parties.

The responding party acknowledged the overlapping issues but suggested holding the matter in abeyance pending discussions.

The Board directed the Registrar to list the matter for hearing with the other applications, leaving the issue of consolidation to the panel assigned to hear the matters.

International Brotherhood of Electrical Workers, Local 303 v. Fred Giessler Electrical Ltd., 2001 CanLII 7668

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral withdrawn at the request of the applicant.

The applicant requested to withdraw its referral of a grievance to the Board.

The Board granted the request and the referral was withdrawn.

Construction Workers Local 52 v. Elta Gas Services Ltd., 2001 CanLII 15092

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die on agreement of the parties.

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

On agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if neither party requested to proceed within one year.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron workers, Local 736 v. Sherwood Windows Limited, 2001 CanLII 7105

J. G. Knight

Harry Freedman

G. McMenemy

Representation vote directed in construction industry union certification application.

The applicant trade 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 was satisfied that not less than forty per cent of the individuals in the proposed bargaining unit appeared to be members of the applicant.

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

Sheet Metal Workers’ International Association, Local 473 v. Baratta Mechanical Inc., 2001 CanLII 4200

J. G. Knight

Harry Freedman

G. McMenemy

Board issued procedural directions for written submissions regarding a union's challenge to a proposed project agreement.

The applicant union challenged a proposed project agreement initiated by the Sarnia Construction Association, arguing it would result in a disproportionate reduction in wages and benefits for its members compared to other trades.

The Ontario Labour Relations Board determined that the issue could be resolved by way of written submissions, as wage rates and benefits are matters of record.

The Board issued procedural directions establishing a timetable for the filing of comprehensive written submissions by all participating parties.

International Brotherhood of Electrical Workers, Local 530 v. Sarnia Construction Association, 2001 CanLII 6786

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 30, 2001

Union's objections to employer's section 8.1 notice dismissed; matter referred for hearing with related application.

The applicant union challenged the timeliness and validity of a section 8.1 notice filed by the responding employer in a certification application.

The Board found the notice was timely, as the calculation of the two-day period excluded Good Friday and Easter Monday pursuant to the Interpretation Act.

The Board also found the notice valid as it contained the required estimates and bargaining unit descriptions.

The Board directed that the outstanding issues be listed for hearing together with a related unfair labour practice application.

Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America v. Erro-Wood Construction, 2001 CanLII 9638

J. G. Knight

Harry Freedman

G. McMenemy