G. McMenemy

G. McMenemy

OLRBOntario Labour Relations BoardAug 31, 2000

Default judgment granted against employer for unpaid union dues and benefits remittances.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to make timely remittances for benefits and dues.

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 Board deemed the responding party to have accepted all facts stated in the application.

The Board found the responding party violated the collective agreement and ordered it to pay $572.59 in unpaid remittances and $214.00 in filing costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investors and Builders Ltd., 2000 CanLII 9027

John Morgan Lewis

OLRB0 cases1999–2001

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardAug 30, 2000

Application for certification withdrawn with leave; one-year bar imposed on future applications.

The applicant union sought to withdraw its application for certification.

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

The Board imposed a one-year bar on future applications for certification by the applicant or its affiliated bargaining agents for the same bargaining unit.

The Registrar was directed to destroy the ballots cast in the representation vote after 30 days.

Bricklayers, Masons Independent Union of Canada, Local 1 v. C.S.B.I. Contracting Ltd., 2000 CanLII 11240

Marilyn Silverman

OLRB0 cases2000–2001

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardAug 30, 2000

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

The parties requested an adjournment of the matter.

The Ontario Labour Relations Board granted the request and adjourned the matter sine die for a period not exceeding one year, noting that it will be deemed terminated if no party requests to proceed within that time.

Labourers’ International Union of North America, Local 1059 v. Maaten Construction Limited, 2000 CanLII 9828

J. G. Knight

G. McMenemy

OLRBUnanimous (Wrote the reasons)0 cases1994–2025

Gail Misra

OLRBUnanimous (Wrote the reasons)0 cases1988–2001

Request for reconsideration of decision denying pre-hearing production order in construction grievance arbitration dismissed.

The applicant requested reconsideration of the Board's decision declining to issue a pre-hearing production order in a construction industry grievance arbitration.

The Board found that the applicant's reliance on jurisprudence regarding sections 69 and 1(4) applications was misplaced, as those provisions place the onus on responding parties.

The Board concluded that the reconsideration application added nothing new to the legal arguments already considered and denied the request.

Brick and Allied Craft Union of Canada, Local 5 v. Hyde Park Masonry Limited, 2000 CanLII 12856

Inge M. Stamp

G. Pickell

G. McMenemy

Board directed responding party to post Form B-80 and extended time for representations.

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

A representation vote was conducted.

The Board noted that Form B-80 was not posted and directed the responding party to post it.

The Board also extended the time period for filing representations.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Top Millwork Interiors Inc., 2000 CanLII 12721

John Morgan Lewis

OLRB0 cases1999–2001

G. Pickell

G. McMenemy

Consent order issued declaring collective agreement violation and ordering payment of $428 in 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 hearing, the parties entered into a memorandum of agreement to settle the matter.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated Article 12.02, and ordered the responding party to pay $428.00 in damages to the applicant.

Construction Workers Local 52 affiliated with the Christian Labour Association of Canada v. MegaTech Contracting International Inc., 2000 CanLII 8618

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBUnanimous (Wrote the reasons)0 cases1999–2001

Grievance referral withdrawn at the request of the applicant.

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

The Board granted the request and the referral was withdrawn.

Drywall Acoustic Lathing and Insulation Local 675 United Brotherhood of Carpenters and Joiners of America v. Marin Contracting Limited and New General Drywall Inc., 2000 CanLII 7683

John Morgan Lewis

G. Pickell

G. McMenemy

Board issued consent order for $5,500 in damages for collective agreement violations.

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

During the hearing, the parties entered into a memorandum of agreement.

The Board issued a consent order declaring that the responding party is bound to the applicable provincial collective agreement and violated its terms.

The Board ordered the responding party to pay $5,500 in damages in scheduled installments, with a default clause triggering an additional payment.

Brick and Allied Craft Union of Canada, Local Union No. 31 v. Halton Hills Flooring & Contractors Inc., 2000 CanLII 6094

J. Knight

G. McMenemy

Gail Misra

OLRBOntario Labour Relations BoardAug 25, 2000

Hearing cancelled and application joined with another Board file.

The applicant requested the cancellation of a scheduled hearing.

The Ontario Labour Relations Board cancelled the hearing and ordered that the application be dealt with in conjunction with another Board file.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Labourers’ International Union of North America, Local 597, 2000 CanLII 11851

J. A. Ronson

OLRBUnanimous0 cases1980–2001

G. McMenemy

OLRBUnanimous (Wrote the reasons)0 cases1998–2025

Christopher J. Albertyn

OLRBOntario Labour Relations BoardAug 25, 2000

Board ordered a representation vote and sealed the ballot box in a certification application.

The applicant trade union applied for certification.

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the proposed bargaining unit could be appropriate but could not conclude that 40% or more of the individuals in the unit were members of the union.

The Board directed that a representation vote be taken and the ballot box be sealed pending further order or agreement.

United Food & Commercial Workers, Local 206 v. Cara Operations Limited, 2000 CanLII 7312

J. G. Knight

G. McMenemy

OLRBUnanimous (Wrote the reasons)0 cases1994–2025

Gail Misra

Board orders pre-hearing production of documents in related employer and sale of business application.

The applicant union requested an order for the production of documents prior to the commencement of a hearing into an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The Ontario Labour Relations Board ordered the responding parties to produce the requested documents in their possession, care, or control.

The Board declined to order the responding parties to provide particulars, but directed that any documents relating to those matters be produced.

Drywall Acoustic Lathing and Insulation Local 675 v. R.J. Wilcox Partitions & Ceiling Systems Inc., 2000 CanLII 13331

J. G. Knight

G. McMenemy

Gail Misra

Applications adjourned sine die on consent of the parties.

The applicant union and responding employer agreed to adjourn the applications sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the applications will be deemed terminated if no party requests to proceed.

Operative Plasterers’, Cement Masons’ and Restoration Steeplejacks’ International Association of the United States and Canada, Union Local 598 v. Phoenix Restoration, a division of Phoenix Gunite Services Ltd., 2000 CanLII 10616

J. G. Knight

G. McMenemy

OLRBUnanimous (Wrote the reasons)0 cases1999–2001

David A. McKee

The Board confirmed hearing dates for multiple related matters.

The Ontario Labour Relations Board issued a procedural decision confirming the hearing dates for multiple related matters involving the Labourers International Union of North America, Local 527 and Thomas Fuller Construction Co. Limited et al.

The hearing was scheduled for several dates in January and February 2001.

Labourers International Union of North America, Local 527 v. Thomas Fuller Construction Co. Limited, 2000 CanLII 10522

J. G. Knight

G. McMenemy

Gail Misra

Grievance referral terminated following parties' execution of Minutes of Settlement.

The applicant union referred a grievance to the Ontario Labour Relations Board.

Following a previous decision, the parties settled all matters in dispute and filed Minutes of Settlement.

The Board terminated the proceeding.

Universal Workers Union, Labourers' International Union of North America Local 183 v. Sebco Construction Ltd., 2000 CanLII 7277

J. G. Knight

G. McMenemy

D. L. Gee

OLRB0 cases1994–2001

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

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

On consent of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

Carpenters & Allied Workers Local 27 v. PCL Constructors Canada Inc., 2000 CanLII 6375

J. G. Knight

G. McMenemy

OLRBUnanimous (Wrote the reasons)0 cases1994–2025

Gail Misra

Employer ordered to pay unpaid wages and costs in default grievance referral 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 pay an employee for 53 hours of 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 bound by the provincial collective agreement and ordered it to pay the unpaid wages, costs, and filing fees.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Industry Drywall Solutions Ltd., 2000 CanLII 2358

J. G. Knight

G. McMenemy

OLRBUnanimous (Wrote the reasons)0 cases1994–2001

D. L. Gee

OLRBMajority (Wrote the majority reasons)0 cases2000–2001

Application withdrawn with leave of the Board.

The applicants, International Union of Elevator Constructors Local 90 and Roger Hennings, sought to withdraw their application against Otis Canada Inc. The Ontario Labour Relations Board granted leave to withdraw the application.

International Union of Elevator Constructors Local 90 v. Otis Canada Inc., 2000 CanLII 2098

Marilyn Silverman

J. A. Rundle

OLRBDissenting0 cases1986–2001

G. McMenemy

OLRBConcurring0 cases1993–2001

OLRBOntario Labour Relations BoardAug 23, 2000

Request to reconsider order for representation vote denied; vote to proceed with ballot box sealed.

The intervenor requested reconsideration of the Board's decision to order a representation vote and seal the ballot box pending the determination of a timeliness objection.

The intervenor argued that directing a vote in the face of a timeliness objection was an error of law and a breach of natural justice.

The Board denied the request for reconsideration, noting that the vote was ordered within the usual 5-day timeframe in the exercise of its statutory powers, and that if the application is ultimately found to be untimely, it will be dismissed.

A concurring opinion emphasized the importance of holding a speedy vote to maintain labour stability, while a dissenting member reiterated their previous dissent.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. St. Joseph’s General Hospital, Elliot Lake (Part Time), 2000 CanLII 10031

J. G. Knight

G. McMenemy

Gail Misra