G. McMenemy

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardApr 17, 2001

Board issues consent order directing payment of $42,097.06 for unpaid union contributions and remittances.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, concerning the responding party's failure to pay monthly contributions and remittances.

Prior to the hearing, the parties entered into Minutes of Settlement and requested a consent order.

The Board issued the requested declarations and directed the responding party to pay $42,097.06 in damages in scheduled installments.

International Union of Electrical Workers, Local 894 v. Stensca/Procon Ltd., 2001 CanLII 4277

Walter Tracogna

4 cases1998–2001

Salvatore Morra

1 case2001–2001

Richard J. Charney

In Private Practice64 cases1985–2025

Paul Rea

1 case2001–2001

Mark Lewis

17 cases1991–2014

Manoj Ravindran

1 case2001–2001

Joseph Liberman

Suspended Administratively53 cases1980–2001

D. Wray

22 cases1980–2023

A. M. Minsky

94 cases1980–2001

J. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardApr 17, 2001

Board determines airport glycol recovery tanks fall in sewers and watermains sector, while fresh glycol tank foundations fall in ICI sector.

In a work assignment dispute under section 99 of the Labour Relations Act, 1995, the Ontario Labour Relations Board was asked to make a preliminary sector determination regarding the carpentry portion of concrete forming construction at the Lester B. Pearson International Airport's Central De-Icing Facility.

The work involved underground vaults, holding tanks, and the foundation and above ground base for fresh Glycol tanks.

Applying an end-use analysis, the Board determined that the construction of the underground vaults and holding tanks, which manage effluent without changing its composition, falls within the sewers and watermains sector.

However, the construction of the foundation and above ground base for the fresh Glycol tanks, which are used for the commercial activity of applying fresh Glycol to aircraft, falls within the industrial, commercial and institutional (ICI) sector.

A Council of Trade Unions v. Dufferin Construction Company, 2001 CanLII 14941

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardApr 17, 2001

Time to file a response extended on consent of the parties.

The applicant union filed an application against the responding employers.

On agreement of the parties, the Board extended the date for filing a response to April 24, 2001, or such other date as the parties may agree upon.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Hodgson-Ferr Construction Ltd., 2001 CanLII 19315

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardApr 11, 2001

Application withdrawn at the request of the applicant.

The applicant, Sheet Metal Workers’ International Association, Local 473, requested to withdraw its application against E. S. Fox Ltd. The Ontario Labour Relations Board granted the request and the application was withdrawn.

Sheet Metal Workers’ International Association, Local 473 v. E. S. Fox Ltd., 2001 CanLII 3992

Inge M. Stamp

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardApr 10, 2001

Board directed applicant to file submissions responding to requests for reconsideration within two weeks.

The Ontario Labour Relations Board directed the applicant union to file submissions in response to requests for reconsideration and related issues raised by the responding parties within two weeks.

The responding parties were directed to file any reply submissions within two weeks after receiving the applicant's submissions.

The panel remained seized with respect to the request for reconsideration.

Carpenters and Allied Workers Local 27 v. Consolidated Concrete Forming Ltd., 2001 CanLII 19853

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardApr 10, 2001

Grievance referral adjourned sine die on consent of the parties.

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

Prior to the scheduled hearing, the parties agreed to adjourn the matter to a future unspecified date.

The Board adjourned the matter sine die, noting it would be deemed terminated if not re-listed within one year.

Labourers’ International Union of North America, Local 837 v. Teperman and Sons Inc., 2001 CanLII 5521

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardApr 10, 2001

Hearing adjourned with directions for the applicant to provide further particulars.

The applicant union sought an adjournment of a scheduled hearing and directions for the production of further particulars.

The Ontario Labour Relations Board adjourned the hearing, directed the applicant to provide further particulars and documents, and allowed the responding parties three weeks to amend their response after receipt of the materials.

Construction Workers Local 53 v. Ellis General Contractors, 2001 CanLII 12596

J. G. Knight

Inge M. Stamp

G. McMenemy

Application for termination of bargaining rights conditionally dismissed for failure to file Certificate of Delivery.

The applicant filed an application for termination of bargaining rights but failed to file a Certificate of Delivery (Form A-81) verifying delivery to the union and employer, as required by the Board's Rules of Procedure.

The Board held that it could not process the application without the certificate and ordered that the matter would be deemed terminated if the certificate was not received within five days.

Lino (Carmelino) Domanico v. IBEW Local 353, 2001 CanLII 20507

Rod Pollock

2 cases2000–2001

Robert N. Singer

3 cases2000–2001

Pat Moran

3 cases1995–2001

John Moszynski

71 cases1986–2017

Jerry Raso

73 cases1990–2024

John Morgan Lewis

G. Pickell

G. McMenemy

Work assignment complaint dismissed; assignment of off-site reuse dismantling work to Labourers affirmed based on employer policy.

The Sheet Metal Workers filed a work assignment complaint under section 99 of the Labour Relations Act, 1995, claiming that the dismantling and removal of sheet metal siding from a warehouse for reuse off-site should have been assigned to its members rather than the Labourers.

The Board considered Ontario Hydro's long-standing policy, which distinguishes between materials reused on-site versus off-site.

Finding that the skills, training, and economy criteria did not favour either union, the Board relied on the employer's established policy and practice.

The Board affirmed the assignment of the work to the Labourers and dismissed the application.

Ontario Sheet Metal Workers’ & Roofers’ Conference v. T.A. Andre & Sons (Ontario) Ltd., 2001 CanLII 14003

J. G. Knight

Inge M. Stamp

G. McMenemy

Board directs applicant union to provide further particulars of unfair labour practice allegations.

In the context of a displacement certification application and a related unfair labour practice complaint, the responding party union requested further particulars of the allegations made against it.

The Ontario Labour Relations Board directed the applicant union to provide further particulars, including the names of the representatives alleged to have approached employees in the presence of management, as well as where and when the conduct occurred.

Labourers’ International Union of North America v. 870528 Ontario Ltd., o/a Lido Construction Co., 2001 CanLII 15681

J. G. Knight

Inge M. Stamp

G. McMenemy

Pre-hearing production of documents ordered in related employer and sale of business application.

The applicant union requested pre-hearing production of documents in relation to a related employer and sale of business application.

The Ontario Labour Relations Board directed the responding parties to provide copies of, or access to, the relevant documents by a specified date prior to the scheduled hearing.

Any disputes regarding the production of specific documents were to be addressed at the hearing.

Brick and Allied Craft Union of Canada v. 761203 Ontario Inc. c.o.b. as Schafer Masonry, 2001 CanLII 9070

J. G. Knight

Inge M. Stamp

G. McMenemy

Board directs representation vote in construction industry certification application.

The applicant 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 within the stipulated time.

An intervenor union filed a collective agreement covering non-ICI sectors, arguing the application was untimely for those sectors.

The Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the applicant union.

The Board directed that a representation vote be taken of the individuals in the voting constituency.

International Union of Operating Engineers, Local 793 v. Yukon Construction Inc., 2001 CanLII 6476

J. G. Knight

Inge M. Stamp

G. McMenemy

Representation vote ordered in construction industry certification application; ballots sealed due to section 8.1 notice.

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.

The Board defined the appropriate bargaining unit and directed that a representation vote be taken, with the ballots to be segregated and the ballot box sealed pending further order due to a timely section 8.1 notice filed by the responding party.

The International Union of Painters and Allied Trades, Local Union 1891 v. The Board of Governors of Exhibition Place, 2001 CanLII 12681

J. G. Knight

Inge M. Stamp

G. McMenemy

Representation vote directed in timely displacement application for certification in the construction industry.

The applicant trade union filed a displacement 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 appeared to have the requisite membership support of not less than forty per cent of the individuals in the proposed bargaining unit.

The Board directed that a representation vote be taken among the eligible employees to determine whether they wish to be represented by the applicant or the intervenor.

Labourers’ International Union of North America v. Somerlyn Trim & Doors Inc., 2001 CanLII 6915

J. G. Knight

Inge M. Stamp

G. McMenemy

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

The applicant union and responding employer agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting the matter would be deemed terminated if no request to proceed is made within that time.

International Brotherhood of Electrical Workers, Local 894 v. Kurt Christensen c.o.b. as Burnley Electric, 2001 CanLII 18951

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardDec 28, 2000

Default judgment granted against employer for unpaid union remittances after failure 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 party failed to make remittances to Welfare & Trust Funds.

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 breached the collective agreement and ordered it to pay $11,513.59 in unpaid remittances plus the $214.00 filing fee.

Universal Workers Union, L.I.U.N.A., Local 183 v. M.B. Calibre Construction (Toronto) Ltd., 2000 CanLII 7291

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardDec 21, 2000

Caroline Rowan

OLRB0 cases1999–2022

Reconsideration granted in part; related employer declarations deferred pending union's registration under the Gaming Control Act.

The employer applied for reconsideration of a Board decision declaring two entities to be a single employer under s. 1(4) of the Labour Relations Act, 1995.

The employer argued that the non-construction employer amendments prohibited such a declaration and that the Board improperly exercised its discretion.

The Board dismissed these grounds, finding the amendments did not preclude a related employer declaration and that the union's bargaining rights were eroded when the employer expanded its construction activities.

However, the Board accepted a new argument that the union was required to register as a supplier under the Gaming Control Act to represent employees at gaming premises.

The Board deferred issuing the related employer declarations until the union obtained the requisite registration.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. MacIsaac Mining and Tunnelling Company and MacRanald Enterprises Inc., 2000 CanLII 7104

Mary Ellen Cummings

OLRB0 cases1991–2009

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardDec 21, 2000

Board issued a consent order settling a construction industry grievance for $2,330.26 in damages.

The applicant union referred a construction industry 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 acknowledging that the responding party was bound by the collective agreement and had violated it.

The Board issued a consent order incorporating the settlement terms, including declarations of the violations and an order for the responding party to pay $2,330.26 in damages.

Construction Workers Local 6 v. Schaible Electric Ltd., 2000 CanLII 1894

J. G. Knight

G. McMenemy

David A. McKee