G. McMenemy

Inge M. Stamp

OLRB0 cases1988–2001

G. McMenemy

Board approves notice to contractors and waives Schedule F requirement in accreditation applications.

The applicants filed applications for accreditation as employers' organizations in the residential construction sector.

In this preliminary decision, the Board amended the name of the responding party union, approved the agreed-upon form of notice to be published for affected contractors, recorded the agreed bargaining unit descriptions, and waived the requirement to compile Schedule 'F' listing employers without recent employees in the bargaining unit.

The matters were scheduled for a hearing.

Toronto Residential Construction Labour Bureau v. Universal Workers Union, Labourers’ International Union of North America, Local 183, 2000 CanLII 10424

John Morgan Lewis

J. G. Knight

G. McMenemy

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application against the responding party.

The Ontario Labour Relations Board granted leave to withdraw the application.

Brick and Allied Craft Union of Canada/Bacu-Canada Local 2, Toronto/Barrie, Ontario v. Blanford Construction Services (Chris Blanford c.o.b. as), 2000 CanLII 3003

M. A. Nairn

OLRB0 cases1989–2001

G. Pickell

G. McMenemy

Hearing adjourned and matter referred to Registrar for rescheduling pursuant to parties' Memorandum of Agreement.

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

The parties filed a Memorandum of Agreement.

The Ontario Labour Relations Board adjourned the scheduled hearing and referred the matter to the Registrar to be rescheduled in accordance with the terms of the Memorandum of Agreement.

Teamsters Local Union No. 230 v. Costa Earthmoving Inc., 2000 CanLII 9617

John Morgan Lewis

J. Knight

G. McMenemy

Employer deemed to accept grievance facts after failing to file response; reinstatement ordered.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging that the responding employer discharged two employees without just cause, including one as a reprisal for pursuing a WSIB claim.

The responding employer failed to file a response or pay the filing fee within the prescribed time limits.

Pursuant to the Board's Rules of Procedure, the employer was deemed to have accepted all facts alleged in the application.

The Board found the employer liable for violating the collective agreement, ordered the immediate reinstatement of the employees, and scheduled a hearing to assess damages.

Sheet Metal Workers’ International Association, Local 30 v. Cordeiro Roofing Ltd., 2000 CanLII 2826

John Morgan Lewis

J. G. Knight

G. McMenemy

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application against the responding party.

The Ontario Labour Relations Board granted leave to withdraw the application.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Demitec Limited, 2000 CanLII 4041

John Morgan Lewis

J. Knight

G. McMenemy

Representation vote ordered in construction industry certification application; section 8.1 notice held inapplicable.

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

The responding party asserted there were no employees at work in the proposed bargaining unit on the application date and gave notice under section 8.1.

The Board held that section 8.1 does not apply to construction industry certification applications.

Finding that at least forty percent of the individuals in the proposed unit were members of the union, the Board defined the appropriate bargaining unit and ordered a representation vote, with ballots to be segregated and the ballot box sealed due to a dispute over the employer's identity.

International Union of Operating Engineers, Local 793 v. G. Mason Construction, 2000 CanLII 6910

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

G. McMenemy

Board cancels oral hearing and proceeds on written materials after responding parties fail to participate.

The applicants filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The responding parties did not file responses or express interest in the proceedings.

After ensuring affected employees received notice and an opportunity to participate, the Board granted the applicants' request to determine the matter based solely on the written materials provided, cancelling the scheduled oral hearing.

Masonry Council of Unions Toronto and Vicinity v. Rulman Masonry Inc., 2000 CanLII 6858

John Morgan Lewis

J. Knight

G. McMenemy

Application adjourned sine die on agreement of the parties.

The applicant referred a matter to the Ontario Labour Relations Board.

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

The Board noted the responding party's failure to file a Notice of Intent to Defend and directed that if the matter is relisted, the responding party must file the notice within five days or the Board may proceed without it.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 700 v. Earlscourt Metal Industries Ltd., 2000 CanLII 11256

Harry Freedman

OLRB0 cases1984–2001

G. Pickell

G. McMenemy

Board directs counsel to fulfill undertaking to provide franchisor's corporate name for related employer application.

The applicant union sought the correct corporate name and address of the head franchisor from the responding party owner in order to file a related employer application under section 1(4) of the Act.

Counsel for the owner had undertaken to provide this information but subsequently refused on instructions from her client.

The Board directed the owner and its counsel to provide the information forthwith, noting that counsel is bound by the Rules of Professional Conduct to strictly and scrupulously carry out undertakings given in the course of litigation.

Carpenters and Allied Workers Local 27 v. 3576698 Canada Inc., 2000 CanLII 9496

John Morgan Lewis

J. Knight

G. McMenemy

Employer ordered to pay $16,865.13 in damages for hiring non-union workers after failing to respond to grievance.

The applicant union referred a construction industry grievance to the Board under section 133 of the Labour Relations Act, alleging the responding employer hired non-union workers to perform bargaining unit work.

The responding party failed to file a response or 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 employer violated the collective agreement and ordered it to pay $16,865.13 in damages.

The issue of costs was scheduled for a separate hearing.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Lacon Contracting Inc., 2000 CanLII 6124

John Morgan Lewis

J. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 5, 2000

Representation vote directed 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 of the individuals in the proposed bargaining unit.

Accordingly, the Board directed that a representation vote be taken among the eligible employees in the voting constituency.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Montana Electric Inc., 2000 CanLII 8964

John Morgan Lewis

J. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 5, 2000

Consent order issued requiring the responding party to pay $64,013.59 for unpaid benefit contributions.

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 to resolve the grievance.

The Board issued a consent order declaring that the responding party was bound by the collective agreement and had violated it.

The Board ordered the responding party to pay $64,013.59 in damages for unpaid benefit contributions and late payment penalties, in accordance with the agreed instalment schedule.

Sheet Metal Workers’ International Association, Local 30 v. E.E.S. Systems Ltd., 2000 CanLII 10438

John Morgan Lewis

J. Knight

G. McMenemy

Employer ordered to pay $94,406.59 in unpaid contributions and damages following failure to respond to grievance.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to pay contributions and file remittances.

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 cancelled the scheduled hearing, declared the employer bound by the collective agreement, and ordered it to pay $94,406.59 in unpaid contributions and liquidated damages, plus costs.

Universal Workers Union, L.I.U.N.A., Local 183 v. Metropolitan Paving & Concrete Inc., 2000 CanLII 3264

John Morgan Lewis

J. Knight

G. McMenemy

Employer ordered to pay unpaid benefits and costs after failing 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, 1995, alleging the responding employer failed to pay required benefits under the applicable collective agreements.

The responding employer failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the Board deemed the employer to have accepted all facts stated in the application.

The Board found the employer violated the collective agreements and ordered it to pay $3,892.92 in unpaid benefits and $214.00 in costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Supercity Drywall Ltd., 2000 CanLII 1774

John Morgan Lewis

J. Knight

G. McMenemy

Default judgment granted against employer 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, alleging the responding employer failed to pay contributions and file remittances as required by the collective agreement.

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 declared the employer violated the collective agreement and ordered it to pay $75,037.30 in unpaid contributions and liquidated damages, plus $214.00 in costs.

Universal Workers Union, L.I.U.N.A., Local 183 v. Andrew Paving & Engineering Ltd., 2000 CanLII 9170

John Morgan Lewis

J. Knight

G. McMenemy

Employer ordered to pay $12,308.11 in unpaid benefit contributions and penalties in default judgment.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit benefit trust fund contributions.

The responding party failed to file a response or 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 employer violated the collective agreement, cancelled the scheduled hearing, and ordered the employer to pay $12,308.11 in damages and penalties, plus $214.00 in costs.

Sheet Metal Workers’ International Association, Local 30 v. Atlantic HVAC Systems Ltd., 2000 CanLII 5021

John Morgan Lewis

J. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 3, 2000

Board directs representation vote for craft bargaining unit, rejecting employer's proposed all-employee unit.

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

The responding party disagreed with the proposed bargaining unit, arguing for an "all employee" unit rather than the traditional craft unit of journeymen and registered apprentices.

The Board rejected the responding party's position, finding the craft unit appropriate under section 158(1) of the Act.

The Board directed that a representation vote be taken among the eligible employees in the defined voting constituency.

Sheet Metal Workers’ International Association, Local 473 v. J.M.R. Electric Ltd., 2000 CanLII 10126

P. Daly

1 case2000–2000

Norman L. Jesin

14 cases1983–2003

Donna M. D’Andrea

8 cases2000–2017

Harry Freedman

OLRB0 cases1984–2001

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardOct 3, 2000

Certification hearing adjourned to be listed with forthcoming related employer application after witness testimony contradicted submissions.

In an application for certification in the construction industry, a dispute arose regarding the identity of the employer.

During the hearing, testimony from the responding party's witness contradicted its earlier written submissions regarding its relationship with the construction contractor.

Consequently, the applicant indicated its intention to file a related employer application under section 1(4) of the Labour Relations Act, 1995.

The Board adjourned the hearing and referred the matter to the Registrar to be listed together with the forthcoming section 1(4) application.

Carpenters and Allied Workers Local 27 v. 3576698 Canada Inc., 2000 CanLII 10263

John Morgan Lewis

J. Knight

G. McMenemy