G. McMenemy

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardMay 2, 2001

Application adjourned sine die following representation vote.

Following a representation vote conducted by the Board on April 7, 2001, and with no parties raising any remaining issues requiring disposition, the Board adjourned the application sine die.

The application will be deemed terminated if no party requests to proceed within one year.

Labourers’ International Union of North America, Local 491 v. Labourers’ International Union of North America, 2001 CanLII 6045

E. M. Mitchell

5 cases1989–2001

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardMay 1, 2001

Christopher J. Albertyn

OLRB0 cases1998–2025

Employer ordered to pay $25,000 in damages for knowingly hiring non-union employees in violation of collective agreement.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, alleging the responding party violated the collective agreement by hiring non-union employees.

The responding party failed to attend the hearing.

The Board found that the responding party knowingly and repeatedly violated the hiring provisions of the collective agreement despite warnings from the union.

The Board ordered the responding party to comply with the agreement and pay $25,000 in damages pursuant to the collective agreement, plus $749 in disbursements.

International Association of Heat and Frost Insulators and Asbestos Workers, Local 95 v. 1067615 Ontario Inc., 2001 CanLII 5552

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directs representation vote in construction industry 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 appeared to have the requisite membership support of not less than forty percent in the proposed bargaining unit.

Although the responding party disputed the estimated number of employees, it agreed with the bargaining unit description and that the ballots should be counted.

The Board directed that a representation vote be taken.

United Brotherhood of Carpenters and Joiners of America Local 1946 v. Reed Atwood Inc., 2001 CanLII 18325

Mr. Gatien

1 case2001–2001

Mr. Bergeron

1 case2001–2001

G. Pickell

G. McMenemy

Caroline Rowan

OLRB0 cases1999–2022

Extension of time to file submissions granted due to counsel's unavailability.

The responding parties requested an extension of time to file submissions regarding a request for reconsideration, citing the unavailability of their counsel who was out of the country.

The Ontario Labour Relations Board granted the brief extension to May 7, 2001, and allowed the applicant two days thereafter to file reply submissions.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. MacIsaac Mining and Tunnelling Company, 2001 CanLII 20418

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Representation vote ordered in construction industry certification application with segregated ballots for disputed employees.

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 intervenor claimed to hold bargaining rights for some employees in the proposed unit.

The Board found that the applicant had sufficient membership support and ordered a representation vote, directing that ballots of employees performing work claimed by the intervenor be segregated.

Allied Construction Employees, Local 1030, United Brotherhood of Carpenters and Joiners of America v. Chesterform Ltd., 2001 CanLII 7613

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board orders representation vote and seals ballot box pending related employer application.

The applicant applied to terminate the responding party's bargaining rights under section 63 of the Labour Relations Act, 1995.

The responding party sought to bind the intervenor to a collective agreement through an ongoing section 69 and 1(4) application.

The Board ordered a representation vote to be held, with the ballot box sealed pending the determination of the issues raised in the application.

Chad Saulnier v. Carpenters’ District Council of Ontario, 2001 CanLII 3633

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directs representation vote in construction industry 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 that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

As the applicant is not an affiliated bargaining agent, the Board directed that a representation vote be taken among all unrepresented employees at work in the construction industry for the responding party in the County of Lambton.

Construction Workers Local 53 v. Ogilvie Electric Inc., 2001 CanLII 16416

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Representation vote directed for construction industry certification application by non-affiliated trade union.

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 appeared to have the requisite membership support of not less than forty percent of the individuals in the proposed bargaining unit.

As the applicant was not an affiliated bargaining agent, the Board directed a representation vote among all unrepresented employees of the responding party in all sectors of the construction industry in the County of Lambton.

Construction Workers Local 53, CLAC v. Lockhart Electric (Sarnia) Ltd., 2001 CanLII 17911

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardApr 26, 2001

Representation vote directed in decertification application despite union's allegations of employer intimidation and coercion.

The applicant filed an application under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The Board found the application timely and that at least forty percent of the employees in the bargaining unit expressed a wish not to be represented by the union.

Despite the union's allegations that the employer threatened, intimidated, and coerced employees to bring the application, the Board directed that a representation vote be taken and the ballots counted.

Brad Martin v. Labourers’ International Union of North America, Local 183, 2001 CanLII 6847

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardApr 26, 2001

Representation vote directed in application to terminate bargaining rights.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party trade union no longer represents the employees in the bargaining unit.

The Board found the application timely and that not less than forty per cent of the employees had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken.

Robert Lackie v. Sheet Metal Workers’ International Association, Local 30, 2001 CanLII 18312

G. Pickell

G. McMenemy

Christopher J. Albertyn

OLRB0 cases1998–2025

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

The applicant requested to adjourn the grievance referral sine die.

The Ontario Labour Relations Board granted the request, adjourning the matter for a period not exceeding one year, after which it will be deemed terminated if no further action is taken.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Bennett & Wright Group Inc., 2001 CanLII 13524

J. G. Knight

Inge M. Stamp

G. McMenemy

Union certified to represent construction labourers after winning representation vote.

The applicant union applied for certification to represent construction labourers employed by the responding party.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the union, the responding party conceded that the remaining segregated ballots would not affect the outcome.

The Board issued certificates to the union for the industrial, commercial and institutional sector and all other sectors in the appropriate geographic areas pursuant to section 160(1) of the Act.

Labourers’ International Union of North America, Local 493 v. 1017457 Ontario Inc., 2001 CanLII 15767

J. G. Knight

Inge M. Stamp

G. McMenemy

Decertification application dismissed as union retained support of more than 50% of voting employees.

The applicant filed an application for termination of bargaining rights.

A representation vote was held, and not more than 50 per cent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party union.

No statement of desire to make representations was filed following the vote.

Consequently, the Ontario Labour Relations Board dismissed the application.

Alain Gillespie v. Labourers’ International Union of North America, Local 527, 2001 CanLII 19827

J. G. Knight

Inge M. Stamp

G. McMenemy

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

The applicant union applied for certification.

A representation vote was held, and not more than fifty per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

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

Labourers’ International Union of North America, Local 506 v. Braycon Masonry Ltd., 2001 CanLII 19529

J. G. Knight

Inge M. Stamp

G. McMenemy

Union certified for construction labourers after winning representation vote.

The applicant union applied for certification.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, the responding party conceded that the remaining segregated ballots would not affect the outcome.

The Board issued two certificates pursuant to section 160(1) of the Labour Relations Act: one for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the specified geographic area.

Labourers’ International Union of North America, Local 493 v. 1017457 Ontario Inc. c.o.b. as Dyna-Con Explosive Technologies, 2001 CanLII 10634

J. G. Knight

G. McMenemy

David A. McKee

OLRB0 cases1999–2001

Request for new representation vote denied; post-vote eligibility challenges and minor scheduling delays insufficient.

The applicant union applied for certification to represent carpenters employed by the responding party.

Following a representation vote in which the applicant received majority support, the intervenor union requested a new vote.

The intervenor challenged the eligibility of three employees whose ballots had been counted on consent and argued the vote was held one day late, causing an employee on vacation to miss it.

The Board dismissed the request, holding that post-vote eligibility challenges offend the interests of finality and that the Board is not required to coordinate vote dates with employees' personal schedules.

A certificate was issued to the applicant.

Labourers’ International Union of North America v. Exclusive Carpentry Enterprises Limited, 2001 CanLII 4455

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardApr 23, 2001

Representation vote directed in application for termination of bargaining rights.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party's bargaining rights.

The Board found the application timely and that not less than forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken.

Warrington Kelvin v. Labourers’ International Union of North America, Local 183, 2001 CanLII 4261

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardApr 23, 2001

David A. McKee

OLRB0 cases1999–2001

Board scheduled a two-day hearing to determine the status of two disputed individuals in a certification application.

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

The only outstanding issue was the status of two disputed individuals.

The Board directed the Registrar to schedule two days for a hearing and encouraged the parties to arrange for document production prior to the hearing.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 800 v. 1040523 Ontario Limited c.o.b. as Norfab Metal and Machine, 2001 CanLII 4147

J. G. Knight

Inge M. Stamp

G. McMenemy