G. McMenemy

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 2, 2000

Grievance application adjourned pending the outcome of related reconsideration and related employer applications.

The applicant union filed a grievance against the responding parties.

The Ontario Labour Relations Board adjourned the application pending the outcome of an application for reconsideration in a related grievance and an application under section 69 and subsection 1(4) of the Labour Relations Act, 1995.

International Brotherhood of Electrical Workers, Local 105 v. William J. Davidson Electric Inc., 2000 CanLII 5042

Michael Gottheil

24 cases1986–2003

Lou Mascarin

3 cases2000–2001

Avril Farlam

2 cases2000–2005

Arthur Barat

7 cases1990–2006

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardNov 1, 2000

Caroline Rowan

OLRB0 cases1999–2022

Board issues related employer declaration against multiple construction entities after several failed to attend the hearing.

The applicant union sought a related employer and sale of business declaration against multiple responding corporate entities.

Several responding parties failed to attend the hearing, and the remaining active responding parties did not oppose the related employer declaration.

The Board applied its Rules of Procedure regarding failure to attend, accepted the applicant's submissions, and declared that five of the responding entities constitute a single employer bound by the applicable provincial collective agreement.

The hearing on the remaining issues was scheduled to continue at a later date.

International Union of Bricklayers and Allied Craftworkers, Local 6 v. Marathon-Delco Inc., 2000 CanLII 8412

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardOct 31, 2000

Application for reconsideration of 1988 certification dismissed; employer failed to rebut presumption of receipt.

The employer applied for reconsideration of a 1988 Board decision certifying the union as the exclusive bargaining agent for its construction labourers.

The employer claimed it never received notice of the original application and that the certificate was obtained fraudulently.

The Board dismissed the application, finding that the employer failed to rebut the statutory presumption of receipt of mail under the Labour Relations Act and that there was no evidence of fraud.

Labourers International Union of North America, Local 506 v. The Atlas Corporation, 2000 CanLII 3509

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardOct 27, 2000

Consent order issued directing the responding party to pay $2,656.32 to settle grievance damages.

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

Following a prior Board decision finding that the responding party violated the collective agreement, the parties entered into Minutes of Settlement to resolve the issue of damages.

The Board issued a consent order directing the responding party to pay $2,656.32 in full and final settlement of all damages related to the grievance.

Sheet Metal Workers’ International Association, Local 30 v. Cordeiro Roofing Ltd., 2000 CanLII 9174

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 27, 2000

D. L. Gee

OLRB0 cases1994–2001

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 appeared to have the requisite membership support of at least forty percent in the proposed bargaining unit.

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

United Brotherhood of Carpenters and Joiners of America, Local 1669 v. United General Contracting Ltd., 2000 CanLII 2735

John Morgan Lewis

J. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 27, 2000

Grievor lacks standing to proceed with grievance referral resolved by Minutes of Settlement.

The grievor requested to proceed with a grievance referral under section 133 of the Labour Relations Act, 1995, after the matter had been adjourned sine die and resolved by Minutes of Settlement.

The Board held that the grievor had no standing to request the matter proceed, as the grievor was not a party to the collective agreement or the grievance referral.

Furthermore, the matter had been fully resolved by the settlement, which the grievor had signed.

The matter was withdrawn.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787 v. Temp Air Control Division of C.H.S. Air Conditioning Ltd., 2000 CanLII 1222

John Morgan Lewis

J. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 26, 2000

Union certification granted following a successful representation vote.

The applicant union applied for certification to represent construction labourers employed by the responding party in the Regional Municipality of Ottawa-Carleton and the United Counties of Prescott and Russell, excluding the ICI sector.

Following a representation vote where more than fifty percent 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 directed that a certificate issue to the applicant.

Labourers’ International Union of North America, Local 527 v. Vanson Construction Limited, 2000 CanLII 9155

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardOct 26, 2000

Board directed written submissions on parties' proposal to bifurcate proceedings and issue partial decision.

The parties in a dispute before the Ontario Labour Relations Board agreed to adjourn scheduled hearing dates and proposed bifurcating the proceedings.

The parties suggested presenting part of their evidence and seeking the Board's view before deciding whether to call further evidence on area/industry practice.

The Board expressed reluctance to issue a decision based on partial evidence and directed the parties to provide written submissions clarifying their agreement and rationale before the next scheduled hearing date.

Larochelle Drywall Corp. v. United Brotherhood of Carpenters and Joiners of America, Local 2041, 2000 CanLII 11978

John Morgan Lewis

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardOct 25, 2000

Request for reconsideration dismissed; applicant failed to meet established grounds for varying the Board's decision.

The applicant requested reconsideration of a Board decision determining that employees on layoff were 'employed' on the date of application for the purposes of section 127.2 of the Labour Relations Act, 1995.

The Board dismissed the request, finding that the applicant was attempting to reargue the case without meeting the established grounds for reconsideration.

The Board clarified that 'employed' in section 127.2(2) includes persons deemed to be employed under section 1(2), distinct from the phrase 'employed or may be employed' in section 127.2(1).

Don Park Inc. v. Sheet Metal Workers’ International Association, Local Union No. 285, 2000 CanLII 8602

John Morgan Lewis

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardOct 24, 2000

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 council of trade unions and an affiliated bargaining agent.

Finding that not less than forty percent of the individuals in the proposed bargaining unit were members of the union, the Board directed that a representation vote be taken among the eligible construction labourers employed by the responding party.

Labourers’ International Union of North America, Ontario Provincial District Council v. Bettencourt Contracting, 2000 CanLII 7715

John Morgan Lewis

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardOct 24, 2000

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 percent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

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

Sheet Metal Workers’ International Association, Local 473 v. J.M.R. Electric Ltd., 2000 CanLII 6425

Harry Freedman

OLRB0 cases1984–2001

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardOct 24, 2000

Application concerning a work assignment withdrawn on consent without conditions.

The applicant union sought leave to withdraw its application concerning a work assignment under section 99(1) of the Labour Relations Act, 1995.

The responding parties consented to the withdrawal.

The Ontario Labour Relations Board granted leave to withdraw the application without imposing any conditions.

International Brotherhood of Electrical Workers, Local 353 v. State Group Company, 2000 CanLII 9120

John Morgan Lewis

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 20, 2000

Grievance referrals terminated following filing of a Memorandum of Settlement.

The applicant union filed grievances against the responding party employer.

The parties reached a Memorandum of Settlement.

Having regard to the settlement, the Ontario Labour Relations Board ordered the matters terminated.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Perfection Rug Co. Ltd., 2000 CanLII 7501

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardOct 19, 2000

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application.

The Ontario Labour Relations Board granted the request and the application was withdrawn with leave of the Board.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Steel Technologies Framing Inc., 2000 CanLII 7629

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardOct 19, 2000

Consent order issued declaring the employer bound by the collective agreement and ordering payment of damages.

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

Prior to the scheduled hearing, the parties reached a settlement and requested the Board to issue a consent order.

The Board issued declarations that the responding party is bound by the collective agreement and violated several of its articles.

The Board also ordered the responding party to pay damages totaling $3,233.74 to the applicant, union dues, and pension plan, in accordance with the memorandum of agreement.

Construction Workers Local 6 affiliated with the Christian Labour Association of Canada v. Schaible Electric Ltd., 2000 CanLII 2245

J. G. Knight

Inge M. Stamp

G. McMenemy

Applicant directed to provide valid addresses for service for responding parties whose mail was returned.

In an application before the Ontario Labour Relations Board, notices of the hearing date were sent to all responding parties.

Mail was returned from four responding parties.

The Board directed the applicant to forthwith provide the Registrar with valid addresses for service for each of these parties.

Brick and Allied Craft Union of Canada v. International Union of Bricklayers and Allied Craftworkers, Local 6, 2000 CanLII 10655

J. G. Knight

Inge M. Stamp

G. McMenemy

Board issues default declarations and cease and desist order for collective agreement violations.

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

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 that the responding party violated the provincial collective agreement by subcontracting work to non-union employers and directed it to cease and desist.

The matter was scheduled for a hearing to determine damages and costs.

Lake Ontario District Council United Brotherhood of Carpenters and Joiners of America v. Phoenix Restoration, 2000 CanLII 3038

J. G. Knight

Inge M. Stamp

G. McMenemy

Union permitted to add responding parties and granted production of documents in related employer application.

The applicant union sought to amend its related employer and sale of a business applications to add two new responding parties, and requested production of documents.

The responding parties objected to the broad pre-hearing production request.

The Ontario Labour Relations Board granted the amendment to add the responding parties and directed the responding parties to produce relevant documents.

The Board also directed the parties to meet with a Labour Relations Officer to resolve any remaining production issues.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Bentall Properties Ltd., 2000 CanLII 6855

J. G. Knight

Inge M. Stamp

G. McMenemy