G. McMenemy

G. McMenemy

OLRBOntario Labour Relations BoardMay 23, 2001

David A. McKee

OLRB0 cases1999–2001

Certification application dismissed after union failed to win representation vote on agreed voters list.

The applicant union filed an application for certification and a section 96 unfair labour practice application.

Prior to the hearing, the parties entered into Minutes of Settlement agreeing to a specific voters list and the withdrawal of the section 96 application.

Based on the agreed voters list, the representation vote resulted in not more than 50% of the ballots cast in favour of the applicant.

Consequently, the Board dismissed the certification application and noted the withdrawal of the section 96 application.

Allied Construction Employees Local 1030 v. C & T Framing Inc., 2001 CanLII 4243

J. G. Knight

Harry Freedman

G. McMenemy

Board granted an adjournment and extended the time for parties and proposed participants to file materials.

The Union requested an adjournment of the hearing and an extension of time to file materials, which the Employer agreed to.

The Board granted the extension of time for the Union and the Employer to file their materials, and extended the time for any Proposed Participants to file their Statements of Representations.

The hearing scheduled for June 15, 2001, was adjourned to a date to be fixed by the Registrar.

Labourers’ International Union of North America, Local 527 v. National Capital Road Builders Association, 2001 CanLII 15227

J. G. Knight

Harry Freedman

G. McMenemy

Board issued a consent order directing the responding party to pay $9,761.86 for collective agreement violations.

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 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 submit reports and monies.

The responding party was ordered to pay $9,761.86 in outstanding amounts according to an agreed payment schedule.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Ontario Fireproofers Ltd., 2001 CanLII 12077

J. G. Knight

G. McMenemy

David McKee

OLRB0 cases1999–2001

Application to terminate bargaining rights dismissed because the employer's owner is not an employee.

The applicant, who is the owner and President of the employer, brought an application to terminate the responding party's bargaining rights under section 63 of the Labour Relations Act, 1995.

The Board dismissed the application because section 63 requires the application to be brought by an employee in the bargaining unit.

Under section 1(3)(b) of the Act, a person who exercises managerial functions is not deemed to be an employee.

As the owner and President, the applicant exercised managerial functions and therefore lacked standing to bring the application.

Keenan Hennessey v. Carpenters’ District Council of Ontario of the United Brotherhood of Carpenters and Joiners of America, 2001 CanLII 10785

J. G. Knight

Harry Freedman

G. McMenemy

Board rejects agreed 'all employee' construction bargaining unit, restricting it to specific trades employed.

The applicant union sought certification for employees of the responding party in the construction industry.

Following a representation vote in favour of the union, the parties agreed to an 'all employee' bargaining unit description.

The Board rejected this agreement, noting its long-standing practice of avoiding unrestricted 'all employee' units in the construction industry to minimize jurisdictional disputes.

Finding that the responding party only employed journeymen electricians and apprentices on the application date, the Board restricted the bargaining unit to those specific classifications and ordered a certificate to issue.

Construction Workers Local 53 v. Ogilvie Electric Inc., 2001 CanLII 18314

J. G. Knight

Harry Freedman

G. McMenemy

Board issued consent order for $15,749.36 in damages for collective agreement violations.

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 matter.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated specific articles, and directed the responding party to pay $15,749.36 in damages in two installments.

Sheet Metal Workers’ International Association, Local 30 v. Fabio Giannitti, c.o.b. as Fabcon Sheet Metal, 2001 CanLII 3218

J. G. Knight

Harry Freedman

G. McMenemy

Union certified for a bargaining unit of journeymen electricians and apprentices following a successful representation vote.

The applicant union applied for certification and a representation vote was held, with more than fifty percent of ballots cast in favour of the union.

The parties had agreed to a bargaining unit description encompassing all employees, but the Board rejected this agreement, finding that the responding party only employed journeymen electricians and apprentices on the application date.

The Board issued a certificate for a bargaining unit limited to journeymen electricians and apprentices in the construction industry in the County of Lambton.

Construction Workers Local 53, CLAC v. Lockhart Electric (Sarnia) Ltd., 2001 CanLII 17333

J. G. Knight

Harry Freedman

G. McMenemy

Certification application dismissed after union failed to secure majority in representation vote.

The applicant union filed an application for certification.

Following a representation vote directed by the Board, not more than fifty 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 attention of the parties to the statutory bar on future applications under section 10(3) of the Labour Relations Act, 1995.

United Brotherhood of Carpenters and Joiners of America, Local 18 v. 1356935 Ontario Limited c.o.b. as Corporate Construction, 2001 CanLII 16816

J. G. Knight

Harry Freedman

G. McMenemy

Application under sections 63 and 1(4) of the Labour Relations Act adjourned sine die on consent.

The applicant union filed an application under sections 63 and 1(4) of the Labour Relations Act, 1995.

Having regard to the agreement of the parties, the Ontario Labour Relations Board adjourned the application sine die.

The Board noted that the application would be deemed terminated without further notice if neither party requested to proceed within one year.

The Millwright Regional Council of Ontario, United Brotherhood of Carpenters and Joiners of America v. Eram Steel Contracting Inc., 2001 CanLII 12302

J. G. Knight

Harry Freedman

G. McMenemy

Application withdrawn at the request of the applicant.

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

The Board granted the request and the application was withdrawn.

United Brotherhood of Carpenters and Joiners of America, Local 18 v. 1356935 Ontario Limited c.o.b. as Corporate Construction, 2001 CanLII 15454

J. G. Knight

Harry Freedman

G. McMenemy

Application withdrawn at the request of the applicant.

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

The Board granted the request and the application was withdrawn.

Canadian Union of Public Employees and its Local 2219 v. Garson Nursing Home Ltd., 2001 CanLII 14500

Harry Freedman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardMay 17, 2001

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.

Having regard to 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.

International Union of Operating Engineers, Local 793 v. Lombardi Construction Concrete & Drain, 2001 CanLII 6466

Marilyn Silverman

OLRB0 cases2000–2001

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMay 17, 2001

Grievance referral adjourned sine die on consent of the parties.

The applicant union filed a grievance referral against the responding employer.

On the agreement of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

Labourers’ International Union of North America, Local 527 v. Enercom Construction Inc. / Common Construction Co. Ltd., 2001 CanLII 19059

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 17, 2001

Application withdrawn at the request of the applicant.

The applicant, International Brotherhood of Electrical Workers Local 586, requested to withdraw its application against the responding party.

The Ontario Labour Relations Board noted the request and the application was withdrawn.

International Brotherhood of Electrical Workers Local 586 v. 1029873 Ontario Inc. operating as Dent Electric (1993), 2001 CanLII 6503

Marilyn Silverman

OLRB0 cases2000–2001

J. G. Knight

G. McMenemy

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

The applicant union filed a grievance against the responding party employer, with another union intervening.

On the request of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. BFC Industrial, 2001 CanLII 6851

J. G. Knight

Harry Freedman

G. McMenemy

Adjournment granted over objections due to intervenor representative's required attendance at a union convention.

The intervenor requested an adjournment of a scheduled hearing because its only full-time representative was required to attend a union convention.

The applicant and responding party opposed the adjournment.

The Board found that the representative's required attendance at the convention constituted a compelling reason analogous to circumstances beyond a party's control.

Given the prompt request and the Board's ability to reschedule the hearing less than three weeks later, the Board granted the adjournment over the objections of the other parties.

Labourers’ International Union of North America, Ontario Provincial District Council v. S.S.T. Contracting Ltd., 2001 CanLII 6086

J. G. Knight

Harry Freedman

G. McMenemy

Application under section 96 of the Labour Relations Act adjourned sine die on consent.

The applicant filed an application under section 96 of the Labour Relations Act, 1995.

Having regard to the agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if no party requests to proceed within one year.

Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America v. Deltech, 2001 CanLII 16670

J. G. Knight

Harry Freedman

G. McMenemy

Application under section 63 of the Labour Relations Act adjourned sine die on consent.

The applicants filed an application under section 63 of the Labour Relations Act, 1995.

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

Bill Leak and Rod Stenning v. United Brotherhood of Carpenters and Joiners of America, Local 1946, 2001 CanLII 20359

Marilyn Silverman

OLRB0 cases2000–2001

J. G. Knight

G. McMenemy