G. McMenemy

G. McMenemy

OLRBOntario Labour Relations BoardAug 17, 2000

Board directs three related labour applications to be listed together for hearing.

The applicant union requested that an application for certification, a related employer application, and a grievance be listed together for hearing.

The intervenor union agreed the matters were intrinsically linked.

The Board directed that all three applications be listed together for hearing, leaving the determination of how they should proceed to the panel hearing the matters.

Carpenters and Allied Workers, Local 27 v. Mannix Construction Corp., 2000 CanLII 12022

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardAug 17, 2000

David A. McKee

OLRB0 cases1999–2001

Board directed parties to prepare a summary chart of construction contracts to streamline document production.

The applicant union filed multiple applications including certification, grievance referrals, and related employer declarations against several construction companies.

During the hearing, the parties agreed that the responding companies carried on related businesses under common control.

To manage the voluminous documentary evidence spanning eighteen years, the Board directed the parties to prepare a summary chart of construction contracts and established a timeline for document production and dispute resolution prior to the continuation of the hearing.

Labourers International Union of North America, Local 527 v. Thomas Fuller Construction Co. Limited, 2000 CanLII 11855

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

G. McMenemy

Construction industry grievance referral adjourned sine die on consent pending document production.

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

The parties agreed to adjourn the scheduled hearing on the condition that the responding party produce specified documentation relating to a project.

The Board granted the adjournment sine die for a period not exceeding one year.

International Brotherhood of Electrical Workers, Local 105 v. Harbridge & Cross Limited, 2000 CanLII 13381

J. G. Knight

G. McMenemy

David A. McKee

OLRB0 cases1999–2001

Board permitted inspection of documents to assist responding parties in determining whether to seek reconsideration.

The Board received submissions from counsel for the responding parties seeking information relevant to a potential reconsideration request in a previous Board file.

The Board refused to entertain a collateral attack on its previous decision but permitted the responding parties' examiner to inspect specified documents at the Board's offices to assist in determining whether to bring a formal reconsideration application.

International Brotherhood of Electrical Workers, Local 105 v. Wm. J. Davidson Electric Inc., 2000 CanLII 12274

J. G. Knight

G. McMenemy

D. L. Gee

Application adjourned sine die on consent of the parties.

The applicant filed an application against the responding party union.

On the agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no request to proceed is made.

Denzil D’Souza v. Office and Professional Employees International Union, Local 491, 2000 CanLII 2560

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

G. McMenemy

Default judgment granted against employer for failure to remit union dues and benefit contributions.

The applicant union referred a construction industry grievance to the 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 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 the responding party violated the collective agreement and ordered it to pay $50,292.79 in owed remittances and liquidated damages.

Universal Workers’ Union, L.I.U.N.A., Local 183 v. Resici Group O/A 1212726 Ontario Ltd./1328156 Ontario Ltd., 2000 CanLII 8335

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardAug 14, 2000

Grievance referral adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it would be deemed terminated if no request to proceed was made.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Metal Tech Systems Inc., 2000 CanLII 9146

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardAug 14, 2000

Request to consolidate two distinct employment standards applications against the same employer denied.

The Ministry of Labour requested that two separate employment standards applications against the same employer be heard together.

The Board denied the request, finding that the issues in dispute—one concerning a prorated bonus payment upon resignation and the other concerning a severance pay exclusion under section 58(6)(e) of the Employment Standards Act—were quite distinct and provided no basis for consolidation.

Boutin v. Fonthill Lumber Ltd., 2000 CanLII 11780

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardAug 14, 2000

Board directs applicant to respond to request for reconsideration based on missed hearing due to traffic.

The responding party requested reconsideration of a previous Board decision, asserting that its principal missed the hearing due to heavy traffic.

The Board indicated its inclination to revoke the previous decision and relist the matters for hearing, and directed the applicant to advise the Board of its position on the request.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Simplex Drywall Limited, 2000 CanLII 12731

Harry Freedman

G. Pickell

G. McMenemy

Consent order issued incorporating Minutes of Settlement for $6,000 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.

Prior to the hearing, the parties entered into Minutes of Settlement.

The Board issued a consent order declaring the responding parties bound by the collective agreement, declaring they violated the agreement, and directing them to pay $6,000 in damages in scheduled installments.

The International Union of Painters and Allied Trades (formerly known as the International Brotherhood of Painters and Allied Trades), District Council 46 (Local Union 1795) v. Felice Aluminum and Glass Ltd. & Rainbow Glass (Niagara) Inc., 2000 CanLII 9820

Harry Freedman

G. Pickell

G. McMenemy

Grievance referral adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Board adjourned the application sine die.

The Board noted that the matter would be deemed terminated if no party requested to proceed within one year.

Sheet Metal Workers’ International Association, Local 269 v. BFC Industrial/Nicholls Radtke Ltd., 2000 CanLII 9929

J. G. Knight

Harry Freedman

G. McMenemy

Board issues consent order for unpaid wages following settlement of construction grievance.

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 settling the matter.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated it, and directed the payment of $1,508.60 in unpaid wages plus $150.00 in travel costs to the applicant.

Construction Workers Local 52 v. North America Construction (1993) Ltd., 2000 CanLII 4736

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if no request to proceed was made within one year.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 700 v. Comstock Canada Limited, 2000 CanLII 3863

J. G. Knight

Harry Freedman

G. McMenemy

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.

Sheet Metal Workers’ International Association, Local 504 v. Norwest Contracting Limited, 2000 CanLII 1241

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die on consent of the parties.

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

On agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if no request to proceed was made within one year.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 700 v. E.S. Fox Limited, 2000 CanLII 2050

Peter Vice

1 case2000–2000

Elizabeth Mitchell

39 cases1988–2007

Andrew Tremayne

9 cases1994–2012

J. G. Knight

G. McMenemy

David A. McKee

OLRB0 cases1999–2001

Related employer and sale of business application dismissed; no common control between father and son's businesses.

The applicant union sought a declaration that Peter Curkovic Limited (PCL) transferred its business to B.C.A. Construction, or that the two entities carried on associated or related activities under common direction and control.

PCL, a painting contractor bound to the union's provincial collective agreement, ceased operations in 1990.

B.C.A. was established by the son of PCL's principal.

The Board found no evidence of a sale or transfer of business, nor any indication of common control or direction.

The application was dismissed.

International Brotherhood of Painters and Allied Trades, Local 200 v. Peter Curkovic Limited, 2000 CanLII 13282

Harry Freedman

G. Pickell

G. McMenemy

Board directs applicant to follow rules to add related employer to grievance referral.

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

A third party, Megatech Electrical Limited, advised the Board that the contact information provided for the respondent belonged to it.

The applicant asserted that the two companies were related employers.

The Board noted that it had received nothing from the named respondent and that if the applicant wished to establish a related employer relationship, it must do so in accordance with the Board's Rules and name the third party as a party to the proceeding.

The matter was permitted to continue.

Construction Workers Local 52 affiliated with the Christian Labour Association of Canada v. MegaTech Contracting International Ltd., 2000 CanLII 12106

Harry Freedman

G. Pickell

G. McMenemy

Board granted the applicant's request to amend its name by removing the Ontario Pipe Trades Council.

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

Counsel for the applicant requested to amend the name of the applicant by deleting the reference to the Ontario Pipe Trades Council.

The Board granted the request and amended the applicant's name accordingly.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 463 v. NC Fabrication Limited, 2000 CanLII 5390

J. G. Knight

Harry Freedman

G. McMenemy