G. McMenemy

G. McMenemy

David A. McKee

Board issues certificates to trade union following successful representation vote by construction labourers.

The applicant trade union applied for certification as the bargaining agent for construction labourers employed by the responding party.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board issued two certificates pursuant to section 160(1) of the Act.

One certificate was issued for the industrial, commercial and institutional sector in the Province of Ontario, and another for all other sectors in the County of Grey.

Labourers’ International Union of North America, Ontario Provincial District Council v. Bettencourt Contracting, 2000 CanLII 2889

J. G. Knight

G. McMenemy

David A. McKee

Union certified as bargaining agent for carpenters following a successful representation vote.

The applicant trade union applied for certification as the bargaining agent for carpenters and carpenters' apprentices employed by the responding party.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, the Ontario Labour Relations Board issued two certificates pursuant to section 160(1) of the Act.

One certificate covers the industrial, commercial and institutional sector in the Province of Ontario, and the other covers all other sectors in the Regional Municipality of Waterloo.

United Brotherhood of Carpenters and Joiners of America Local 785 v. Loucon Developments General Contractors Inc., 2000 CanLII 10237

J. G. Knight

Inge M. Stamp

G. McMenemy

Consent adjournment sine die granted for up to one year.

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

The Ontario Council of the International Union of Painters and Allied Trades v. Harding Glass & Mirror Ltd., 2000 CanLII 5236

J. G. Knight

G. McMenemy

David A. McKee

Union certified to represent electricians following successful representation vote.

The applicant union applied for certification to represent electricians and apprentices employed by the responding party.

A representation vote was held, and all unchallenged ballots were cast in favour of the union.

The Board declined to inquire into two challenged ballots as they could not affect the outcome.

Pursuant to section 160(1) of the Act, the Board issued certificates for the industrial, commercial, and institutional sector province-wide, and for all other sectors in Essex and Kent counties.

International Brotherhood of Electrical Workers, Local 773 v. TBT Electric Ltd., 2000 CanLII 1174

J. G. Knight

Inge M. Stamp

G. McMenemy

Application withdrawn with leave of the Board.

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

The Board granted leave to withdraw the application.

Brick and Allied Craft Union of Canada/Bacu-Canada Local 2, Toronto/Barrie, Ontario v. Leo Jan Masonry Limited, 2000 CanLII 4782

Walter Thornton

47 cases1986–2001

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 23, 2000

Board issues consent order declaring related employers and awarding $48,000 for union security breach.

The parties resolved multiple applications, including a grievance, related employer application, unfair labour practice complaint, and an application for certification, by entering into Minutes of Settlement.

The Ontario Labour Relations Board issued a consent order declaring the responding parties to be a single employer bound by the applicable collective agreements, finding a breach of union security provisions, and ordering the payment of $48,000 in damages.

International Brotherhood of Electrical Workers, Local Union 353 v. Midtown Enterprises Limited, 2000 CanLII 8851

J. G. Knight

G. McMenemy

David A. McKee

Certification application dismissed with a one-year bar following the union's post-vote request to withdraw.

The applicant union sought to withdraw its application for certification after a representation vote was held.

The Ontario Labour Relations Board noted its practice is to dismiss rather than permit withdrawal in such circumstances.

The Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for the same bargaining unit.

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. Marshall Homes Corporation, 2000 CanLII 7640

J. G. Knight

Harry Freedman

G. McMenemy

Consent order issued enforcing grievance settlement for $7,088.70 in damages.

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

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

The Board issued a consent order pursuant to sections 48(15) and 96(7) of the Act, declaring the responding party bound by the collective agreement and ordering it to pay $7,088.70 in damages to the applicant in trust.

International Brotherhood of Electrical Workers, Local 303 v. B & J Electric Ltd., 2000 CanLII 10322

G. Pickell

G. McMenemy

Caroline Rowan

OLRB0 cases1999–2022

Board deferred applicant's request to add a responding party to the scheduled hearing.

The applicant requested leave to amend its application to add an additional responding party.

The Ontario Labour Relations Board directed the applicant to provide proper notice to the proposed additional party and to provide the Board with a current address.

The Board deferred submissions on the request to the outset of the scheduled hearing.

International Union of Bricklayers and Allied Craftworkers, Local 6 v. Marathon-Delco Inc., 2000 CanLII 6704

Inge M. Stamp

G. Pickell

G. McMenemy

Matter terminated following the filing of Minutes of Settlement.

The applicant union and responding party employer filed Minutes of Settlement with the Ontario Labour Relations Board.

Having regard to the settlement, the Board ordered the matter terminated.

Construction and Allied Workers Local Union 607 v. Castonguay Blasting Ltd., 2000 CanLII 4257

J. G. Knight

Inge M. Stamp

G. McMenemy

Consent adjournment sine die granted for a period not exceeding 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 matter will be deemed terminated if neither party requests to proceed.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1904) v. Algoma Autobody (Sault) Ltd. (Power Wash Division), 2000 CanLII 8205

J. G. Knight

Harry Freedman

G. McMenemy

Application for certification withdrawn at the applicant's request after a representation vote was taken.

The applicant union sought leave to withdraw its application for certification after a representation vote was held and the ballot box was sealed.

The Board granted the request to withdraw the application and directed the parties' attention to section 7(10) of the Labour Relations Act, 1995, which governs withdrawals after a representation vote is taken.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Fernbrook Homes Ltd., 2000 CanLII 3394

J. G. Knight

Inge M. Stamp

G. McMenemy

Terminal date for filing responses extended to November 29, 2000.

The Ontario Labour Relations Board extended the terminal date for filing responses to November 29, 2000, and relieved against Rule 15 to the extent necessary.

United Brotherhood of Carpenters and Joiners of America v. Timberline Construction Group Western, 2000 CanLII 2975

Harry Freedman

G. Pickell

G. McMenemy

Grievance referral withdrawn at the request of the applicant.

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

The Board granted the request and the referral was withdrawn.

Sheet Metal Workers’ International Association, Local 537 v. B.M.L. Multi-Trades Group, 2000 CanLII 6727

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die because applicant filed with Board before serving responding party.

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

The applicant filed the application with the Board before the responding party received the application materials, contrary to Rule 155 of the Board's Rules of Procedure.

The applicant requested an adjournment because the responding party had not picked up the courier package.

The Board adjourned the application sine die, noting that the matter could not proceed until the responding party was served, and that the applicant would need to seek relief from the strict application of the Rules under Rule 44 if it wished to proceed.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Proka Ltd., 2000 CanLII 10739

Marilyn Silverman

OLRB0 cases2000–2001

G. Pickell

G. McMenemy

Request for reconsideration of default decision dismissed where employer provided no adequate explanation for failing to file response.

The responding party employer requested reconsideration of a default decision finding it liable for a construction grievance.

The employer had failed to file a Request for Hearing and Notice of Intent to Defend (Form A-87) in time.

Applying the four factors from Weinmann Electric Ltd., the Board found that the employer provided no adequate explanation for the default.

The Board concluded that the employer's substantive defences could largely be addressed at the upcoming damages hearing, and dismissed the request for reconsideration.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Donald Construction Limited, 2000 CanLII 10278

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 20, 2000

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

The applicants and responding parties agreed to adjourn the applications.

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

Sheet Metal Workers’ International Association, Local 537 v. Whiteside Roofing and Sheet Metal Ltd., 2000 CanLII 8221

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardNov 20, 2000

Application adjourned sine die on consent of the parties.

The applicant union filed an application against the responding party.

On agreement of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year, after which it will be deemed terminated if no request to proceed is made.

Universal Workers Union, L.I.U.N.A. Local 183 v. Mark-All Services Inc., 2000 CanLII 3126

J. G. Knight

G. McMenemy

David A. McKee