G. McMenemy

G. McMenemy

Gail Misra

OLRBOntario Labour Relations BoardAug 23, 2000

Employer found in violation of collective agreement for hiring non-union workers in default proceeding.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding party employer violated the collective agreement by employing non-union members to perform bargaining unit work.

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 responding party bound by the collective agreement, found it in violation, and ordered it to pay damages and produce payroll records for assessment of quantum.

Universal Workers Union, Labourers' International Union of North America Local 183 v. Sebco Construction Ltd., 2000 CanLII 6675

J. G. Knight

G. McMenemy

Gail Misra

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 responding party claimed it had no employees performing bargaining unit work on the application date.

The Board found that the applicant appeared to have the requisite membership support and defined the appropriate bargaining unit.

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

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Optex Staging & Services Inc., 2000 CanLII 7812

J. G. Knight

G. McMenemy

Gail Misra

Board grants confidentiality order and permits redaction of irrelevant information in document production.

The responding parties in a labour relations proceeding requested confidentiality and redaction orders regarding their document production.

The Ontario Labour Relations Board ordered that all produced documents be kept entirely confidential and used solely for the proceedings.

The Board permitted the responding parties to redact confidential information they reasonably believed to be irrelevant, provided the unredacted documents were brought to the hearing for review in case of a challenge.

The Board also ordered the applicants to return all produced documents at the conclusion of the proceedings, at their own expense.

Carpenters and Allied Workers Local 27 v. Canning Contracting Limited, 2000 CanLII 11717

J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

G. McMenemy

Request for reconsideration of default decision dismissed where responding party failed to file a response before vacation.

The responding party requested reconsideration of a default decision issued after it failed to file a Request for Hearing and Notice of Intent to Defend/Participate.

The responding party claimed its president was on vacation and missed a pre-hearing meeting notice.

The Board dismissed the request, noting the responding party had received the initial application and Board notice before the vacation, which clearly stated the consequences of failing to respond.

United Brotherhood of Carpenters and Joiners of America 1946 v. Barwood Flooring Limited, 2000 CanLII 12410

J. G. Knight

G. McMenemy

Gail Misra

Board orders production of specific invoices and subcontracting records in pre-hearing motion.

The applicant union sought an order compelling the responding parties to produce additional documents prior to the hearing, complaining of non-compliance with a previous production order.

The Board declined to issue an order compelling compliance with the previous order, noting the applicant could pursue contempt proceedings.

However, the Board ordered the production of specific additional documents, including invoices, cancelled cheques, credit applications, and subcontracting records between Marathon Delco Inc. and the other responding parties.

International Union of Bricklayers and Allied Craftworkers, Local 6 v. Marathon-Delco Inc., 2000 CanLII 13094

Marilyn Silverman

J. A. Rundle

G. McMenemy

Board directs representation vote in application to terminate union's bargaining rights.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights for employees of the intervenor employer.

The Board found the application timely and that not less than forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

The Board directed that a representation vote be taken.

Cardile v. United Food & Commercial Workers Local 1000A, 2000 CanLII 11006

Marilyn Silverman

J. A. Rundle

G. McMenemy

Representation vote ordered in certification application after employer failed to file a response.

The applicant trade union filed an application for certification.

The responding party failed to file a response within the stipulated time.

The Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

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

Canadian Union of Public Employees v. Short Hills Villa Retirement Community, 2000 CanLII 3062

Marilyn Silverman

J. A. Rundle

G. McMenemy

Representation vote ordered in displacement application with ballot box sealed pending timeliness determination.

The applicant trade union filed a displacement application for certification.

The intervenor, the incumbent union, argued the application was untimely under section 7(5) of the Labour Relations Act, 1995, and alleged unfair labour practices.

The Board found the applicant established sufficient membership support to warrant a representation vote.

The Board ordered the vote to proceed but directed that the ballot box be sealed pending a determination on the timeliness issue.

The unfair labour practice allegations were deferred to a hearing.

A dissenting Board member would have determined the timeliness issue before ordering a vote.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. St. Joseph’s General Hospital (Full Time), 2000 CanLII 12384

J. G. Knight

G. McMenemy

Gail Misra

Board declines to make further document production orders prior to hearing.

The applicant union wrote to the Board complaining that the responding parties failed to provide the level of document production previously ordered.

The Board noted that counsel for one of the responding parties indicated they possessed no documentation and had no control over the other companies.

The Board declined to make further orders at this time, directing the applicant to raise any remaining concerns regarding production at the hearing.

Carpenters and Allied Workers Local 27 v. Sir Forming Limited, 2000 CanLII 12840

Marilyn Silverman

J. A. Rundle

G. McMenemy

Representation vote directed in application for termination of bargaining rights.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party's bargaining rights.

The Board found the application timely and that not less than forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken of the employees in the bargaining unit.

Steven J. Zaranik v. United Brotherhood of Carpenters and Joiners of America, Local 3054, 2000 CanLII 10958

Marilyn Silverman

J. A. Rundle

G. McMenemy

Board directs representation vote in union certification application.

The applicant union filed an application for certification to represent employees of the Canadian Union of Public Employees, Local 4400 in the City of Toronto.

The Ontario Labour Relations Board found that the applicant is a trade union and that not less than forty percent of the individuals in the proposed bargaining unit were members at the time the application was made.

The Board directed that a representation vote be taken and established the voting constituency, with provisions for segregating ballots of disputed individuals.

Communications, Energy & Paperworkers Union of Canada v. Canadian Union of Public Employees, Local 4400, 2000 CanLII 6605

J. G. Knight

G. McMenemy

Gail Misra

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 application will be deemed terminated if no party requests to proceed.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Metro Geranium Partnership Ltd., 2000 CanLII 3131

Mary Ellen Cummings

G. Pickell

G. McMenemy

Employer ordered to pay $55,104 for employing non-union workers 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 breached the collective agreement by employing non-union workers.

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 breached the collective agreement and ordered it to pay $55,104.00 in damages and $214.00 in costs.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Montego Painting & Decorating Limited, 2000 CanLII 9880

J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

G. McMenemy

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. Joseph A. Montesano and Carmine Fantauzzi operating as Eastpartk Interiors, 2000 CanLII 10965

Marilyn Silverman

J. G. Knight

G. McMenemy

Grievance application adjourned sine die on consent of the parties.

The applicant union filed a grievance against the responding employers.

On agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year.

If no party requests to proceed within that time, the matter will be deemed terminated.

Labourers’ International Union of North America, Local 1059 v. Clifford Masonry Limited, 2000 CanLII 9547

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Application withdrawn with leave of the Board.

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

The Board granted leave to withdraw the application.

Labourers’ International Union of North America, Local 506 v. The McBride Group Inc., 2000 CanLII 9977

Mary Ellen Cummings

G. Pickell

G. McMenemy

Default judgment granted against employer for unpaid benefit contributions and union dues.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding party failed to remit benefit contributions and union dues.

The responding party failed to file a response.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted the facts stated in the application.

The Board found the responding party violated the collective agreement and ordered it to pay $3,450.00 in unpaid remittances, plus $214.00 in statutory costs.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Standard Drywall, 2000 CanLII 7932

Marilyn Silverman

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardAug 17, 2000

Grievance referrals adjourned at applicant's request after responding party failed to file intent to defend.

The applicant requested an adjournment of two referrals of grievances to arbitration under section 133 of the Labour Relations Act, 1995.

The responding party did not file a Request for Hearing and Notice of Intent to Defend/Participate.

The Board granted the applicant's request and adjourned the matters to August 31, 2000.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. 1210166 Ontario Ltd. o/a D.C.C. Carpentry, 2000 CanLII 12741

Mary Ellen Cummings

J. G. Knight

G. McMenemy