G. McMenemy

Inge M. Stamp

G. McMenemy

Grievance referral granted by default; employer ordered to pay damages for failing to employ union members.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employers violated the collective agreement by failing to employ union members at a construction project.

The responding employers failed to file a response.

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

The Board declared the employers bound by the collective agreement, found they violated it, and ordered them to pay $11,539.20 in damages plus tax and filing fees.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Marilyn and/or Gale Knott c.o.b. as MMK Enterprises Steel Placing and/or Peterborough Reinforcing and G.E.K. Contracting Limited, 2000 CanLII 4141

Inge M. Stamp

G. Pickell

G. McMenemy

Employer ordered to post $50,000 bond for delinquent contributions after failing to respond to grievance.

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 post a $50,000 bond for repeated late payment of contributions, as required by the provincial collective agreement.

The responding party failed to file a response or notice of intent to defend.

Proceeding in default, the Board deemed the facts in the application accepted, declared the employer in violation of the collective agreement, and ordered the employer to post the required bond and pay costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investors and Builders Ltd., 2000 CanLII 7717

Inge M. Stamp

G. Pickell

G. McMenemy

Employer ordered to post $50,000 bond for delinquent contributions in default grievance arbitration.

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 post a $50,000 bond for delinquent benefit contributions as required by the collective agreement.

The responding party failed to file a response or notice of intent to defend.

Proceeding by default, the Board accepted the applicant's allegations as true, declared the employer in violation of the collective agreement, and ordered the employer to post the required bond and pay costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Eastpark Interiors, 2000 CanLII 6640

Harry Freedman

OLRB0 cases1984–2001

G. Pickell

G. McMenemy

Employer ordered to post $50,000 bond for delinquent contributions in default grievance proceeding.

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 post a $50,000 bond for delinquent contributions as required by the collective agreement.

The responding party failed to file a response or notice of intent to defend.

Proceeding by default, the Board accepted the applicant's facts, declared the employer in violation of the collective agreement, and ordered the employer to post the bond and pay costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Alcor Investment Group Inc., 2000 CanLII 9616

Inge M. Stamp

G. Pickell

G. McMenemy

Default decision ordering delinquent employer to post a $50,000 bond for late benefit contributions.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding party employer failed to post a $50,000 bond after being deemed a delinquent employer for late benefit contributions.

The responding party failed to file a response or notice of intent to defend.

Proceeding by default, the Board accepted the applicant's allegations as true, declared the responding party bound by the collective agreement, found a violation of the agreement, and ordered the responding party to post the bond and pay costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Continental Acoustics & Drywall Inc., 2000 CanLII 9181

Inge M. Stamp

G. Pickell

G. McMenemy

Default judgment ordering delinquent employer to post a $50,000 bond for benefit contributions.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding employer failed to post a $50,000 bond as required by the collective agreement for repeated delinquencies in benefit contributions.

The responding party failed to file a response.

Proceeding by default, the Board accepted the applicant's allegations, declared the employer in violation of the collective agreement, and ordered the employer to post the bond and pay costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall Concord Ltd., 2000 CanLII 9131

Harry Freedman

OLRB0 cases1984–2001

G. Pickell

G. McMenemy

Employer ordered to post $50,000 bond for delinquent benefit contributions in default grievance proceeding.

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 post a $50,000 bond after being deemed a delinquent employer for late benefit contributions.

The responding party failed to file a response or notice of intent to defend.

Proceeding by way of default, the Board deemed the facts in the application to be true, found the employer violated the provincial collective agreement, and ordered the employer to post the required bond and pay costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Country Drywall 2000 Corp., 2000 CanLII 8948

Harry Freedman

OLRB0 cases1984–2001

G. Pickell

G. McMenemy

Employer ordered to post $50,000 bond for delinquent contributions in default grievance proceeding.

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 post a $50,000 bond for repeated delinquent benefit contributions as required by the provincial collective agreement.

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

Proceeding by default, the Board accepted the applicant's facts, declared the employer in violation of the collective agreement, and ordered the employer to deliver the bond and pay costs.

Drywall Acoustic Lathing and Insulation Local 675 v. Aspen Drywall Inc., 2000 CanLII 8393

J. G. Knight

Inge M. Stamp

G. McMenemy

Board orders representation vote in construction industry certification application despite employer's claim of no employees.

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

The responding party asserted it had no employees at work in the proposed bargaining unit on the application date, having sub-contracted the work.

The Board found the applicant to be a trade union and that the requisite membership evidence was filed.

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

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. Marshall Homes Corporation, 2000 CanLII 8172

J. G. Knight

Inge M. Stamp

G. McMenemy

Applications withdrawn with leave of the Board.

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

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

Drywall Acoustic Lathing and Insulation Local 675 United Brotherhood of Carpenters and Joiners of America v. Balko Drywall Inc., 2000 CanLII 11254

J. G. Knight

Inge M. Stamp

G. McMenemy

Hearing adjourned on consent to allow parties to pursue settlement discussions.

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

The parties agreed to adjourn the scheduled hearing to pursue settlement discussions.

The Board directed the responding party to file its response by a specified date and rescheduled the hearing.

International Brotherhood of Electrical Workers, Local 894 v. Bennett & Wright Group Inc., 2000 CanLII 12217

J. G. Knight

Inge M. Stamp

G. McMenemy

Board issues consent orders and $54,000 damages award based on parties' minutes of settlement.

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 resolved the dispute and filed Minutes of Settlement.

The Board issued consent orders declaring the responding parties bound to the Provincial Agreement, finding a violation of the union security provisions, and ordering the payment of $54,000 in damages in accordance with the settlement terms.

International Union of Painters and Allied Trades, Local 1819 v. Mallfronts International Inc., 2000 CanLII 6292

J. G. Knight

Inge M. Stamp

G. McMenemy

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 is an affiliated bargaining agent and that the proposed bargaining unit is appropriate.

Finding that not less than forty percent of the individuals in the proposed unit were members of the union, the Board directed that a representation vote be taken.

Operative Plasterers’ and Cement Masons’ International Association of the United States and Canada, Local 124 v. Suntex Stucco Ltd., 2000 CanLII 9753

M. Patrick Moran

36 cases1982–2011

B. Chercover

19 cases1980–2000

J. Knight

G. McMenemy

OLRBOntario Labour Relations BoardSep 7, 2000

Gail Misra

OLRB0 cases1994–2025

Grievance dismissed; union local's seniority and bumping rights do not extend into International territory.

The union filed a grievance alleging the employer improperly laid off seven Toronto-based employees out of seniority order, arguing that less senior employees working in Sudbury (International territory) should have been laid off first.

The employer maintained that the northern employees were outside Local 50's jurisdiction and therefore not subject to bumping by Toronto members.

The Ontario Labour Relations Board dismissed the grievance, finding that the collective agreement's seniority and layoff provisions must be read in conjunction with its jurisdictional clauses.

The Board concluded that Local 50's jurisdiction and the associated employment preferences do not extend into International territory, meaning Toronto members could not exercise seniority to bump northern employees.

International Union of Elevator Constructors, Local 50 v. Dover Corporation (Canada) Limited, 2000 CanLII 11972

J. G. Knight

Inge M. Stamp

G. McMenemy

Application terminated following parties' settlement and filing of a Memorandum of Agreement.

The applicant union filed an application under section 133 of the Labour Relations Act, 1995.

Prior to the scheduled hearing, the parties settled the matters in dispute and filed a Memorandum of Agreement.

The Ontario Labour Relations Board consequently terminated the proceeding.

Labourers’ International Union of North America, Local 1059 v. Strathroy Concrete Forming (1988) Inc., 2000 CanLII 13434

J. G. Knight

G. McMenemy

Caroline Rowan

OLRB0 cases1999–2022

Application withdrawn by leave of the Board.

The applicant requested to withdraw its application.

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. Dynamic Coatings (Joseph Seymour Lloyd c.o.b. as), 2000 CanLII 8061

J. G. Knight

Inge M. Stamp

G. McMenemy

Board directs responding parties to produce documents relevant to related employer and sale of business applications.

The applicant requested production of documents from the responding parties pursuant to sections 1(5) and 69(13) of the Labour Relations Act, 1995, in relation to applications alleging a sale of a business and/or related employer status.

The Board found the requested documents arguably relevant and directed the responding parties to produce them.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Vanbots Construction Corporation and Rambots Construction Corporation, 2000 CanLII 12623

J. G. Knight

Inge M. Stamp

G. McMenemy

Application adjourned sine die on consent pending a jurisdictional dispute application.

The applicant union requested an adjournment sine die of its application, pending the filing of a jurisdictional dispute application by the Carpenters union.

The responding party agreed.

The Ontario Labour Relations Board granted the adjournment for a period not exceeding one year.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. PCL Constructors Canada Inc., 2000 CanLII 12320

J. G. Knight

Inge M. Stamp

G. McMenemy