G. McMenemy

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 31, 2000

Union certification application dismissed after failing to secure more than 50% of representation vote.

The applicant union applied for certification.

Following a representation vote where not more than 50% of the ballots were cast in favour of the applicant, and with no statement of desire to make representations filed, the Ontario Labour Relations Board dismissed the application.

A one-year bar on further certification applications by the applicant for this bargaining unit was imposed.

Labourers’ International Union of North America v. Tamarack Lumber Inc., 2000 CanLII 7244

G. Pickell

G. McMenemy

D. L. Gee

Application withdrawn with leave of the Board.

The applicant, J.H Keeson & Sons Ltd., sought to withdraw its application.

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

J.H Keeson & Sons Ltd. v. John Newman, 2000 CanLII 7417

G. Pickell

G. McMenemy

D. L. Gee

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application.

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

David Price v. Blaker & Sons Ltd., 2000 CanLII 7483

Marilyn Silverman

G. Pickell

G. McMenemy

Consent order issued declaring employer bound by collective agreement and ordering payment of damages.

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

The parties entered into a Memorandum of Agreement acknowledging that the responding party was bound by the collective agreement and had violated several of its articles.

The Ontario Labour Relations Board issued a consent order declaring the responding party bound by the agreement and ordering it to pay $1,682.00 in damages as full and final settlement.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. C. T. Drain Construction Ltd., 2000 CanLII 10991

G. Pickell

G. McMenemy

D. L. Gee

Application withdrawn with leave of the Board.

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

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Brick and Allied Craft Union of Canada/BACU-Canada Local 2, Toronto/Barrie, Ontario v. Day & Campbell Limited, 2000 CanLII 6751

Marilyn Silverman

G. Pickell

G. McMenemy

Consent order issued directing the employer to pay $8,000 for failing to remit union benefits.

The applicant union referred grievances to arbitration under section 133 of the Labour Relations Act, 1995, alleging the responding parties failed to remit benefits, dues, and other contributions.

The parties entered into a Memorandum of Agreement settling the matter.

The Ontario Labour Relations Board issued a consent order declaring the responding parties bound by the collective agreement and ordering them to pay $8,000 in damages for the violations.

Drywall Acoustic Lathing and Insulation, Local 675 v. Viking Drywall and Acoustics Inc., 2000 CanLII 6818

G. Pickell

G. McMenemy

D. L. Gee

Application withdrawn with leave of the Board.

The applicant sought to withdraw her application against the responding parties.

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

Doris Calder v. Ian Martin Limited and Ministry of Labour, 2000 CanLII 613

G. Pickell

G. McMenemy

D. L. Gee

Board directed applicant to provide correct address for responding parties after notices were returned.

The applicant filed applications against the responding parties.

The Board's confirmation of filing and hearing notices were returned due to a bad address.

The Board directed the applicant to provide proof of delivery of the originating applications and accurate address information for the responding parties so that the necessary forms and notices could be delivered.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. 739183 Ontario Inc. c.o.b. as G.M. Contracting, 2000 CanLII 13412

Marilyn Silverman

G. Pickell

G. McMenemy

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application.

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

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Aspen Drywall Inc., 2000 CanLII 9326

Marilyn Silverman

G. Pickell

G. McMenemy

Matter adjourned sine die for up to one year at applicant's request.

The applicant 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, after which it will be deemed terminated if no further action is taken.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Peelco Construction Services Limited, 2000 CanLII 10295

M. A. Nairn

OLRB0 cases1989–2001

G. Pickell

G. McMenemy

Board issued consent declarations and orders binding responding parties to collective agreements following settlement.

The applicant union filed a related employer application and a construction industry grievance against the responding parties.

Prior to the hearing, the parties filed a Memorandum of Agreement resolving all issues in dispute.

The Ontario Labour Relations Board accepted the agreement and issued declarations that the responding parties are bound by the applicable collective agreements, subject to a waiver period, and ordered compliance with the terms of the settlement.

The proceedings were terminated.

Drywall Acoustic Lathing and Insulation Local 675 v. Multi Wall & Ceiling Systems Limited, 2000 CanLII 11879

Marilyn Silverman

G. Pickell

G. McMenemy

Matter adjourned sine die for up to one year at applicant's request.

The applicant 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, after which it will be deemed terminated if no further action is taken.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall (Concord) Ltd., 2000 CanLII 8550

Marilyn Silverman

G. Pickell

G. McMenemy

Application withdrawn with 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. Defrancesco Stonework & Masonry (Anacleto Defrancesco c.o.b. as), 2000 CanLII 9232

James Fyshe

32 cases1981–2011

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJul 26, 2000

Christopher J. Albertyn

OLRB0 cases1998–2025

Board issued procedural directions for document production and adjourned the grievance hearing.

The applicant referred a grievance to the Board for final and binding determination.

At the hearing, the Board issued procedural orders directing the responding parties to file a statement of defence with particulars of sub-contractors, produce payroll documents, and ensure certain individuals remain available to testify.

The application was adjourned to a later date.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada v. Newmarch Inc. and Newmarch Mechanical Inc., 2000 CanLII 11848

Marilyn Silverman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJul 26, 2000

Board orders representation vote in construction industry certification application after employer fails to respond.

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

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

Based on the application material, the Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

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

International Union of Operating Engineers, Local 793 v. Clement Utility Contractors Inc., 2000 CanLII 10832

G. Pickell

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 25, 2000

Union certification application dismissed after failing to obtain majority support in representation vote.

The applicant union applied for certification.

A representation vote was held, but the union failed to obtain more than fifty percent of the ballots cast by employees in the bargaining unit.

As no statement of desire to make representations was filed, the Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for this bargaining unit.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Telcon Concealed Wiring Ltd., 2000 CanLII 10934

G. Pickell

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 25, 2000

Employer ordered to pay outstanding union remittances and liquidated damages in default grievance proceeding.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging that the responding party employer failed to make required remittances to welfare and pension trust funds.

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 and decided the matter without a hearing.

The Board declared that the responding party violated the collective agreement and ordered it to pay $17,365.50 in outstanding remittances, $899.87 in liquidated damages, and $214.00 for the filing fee.

Universal Workers Union, L.I.U.N.A., Local 183 v. Fourwinds Construction Inc., 2000 CanLII 7121

G. Pickell

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 25, 2000

Default judgment granted against employer for unpaid union remittances and liquidated damages.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding party employer failed to make required remittances to various trust funds.

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

Proceeding by way of default, the Board accepted the applicant's allegations as true, declared the responding party bound by the collective agreement, and ordered the payment of outstanding remittances, liquidated damages, and reimbursement of filing fees.

Universal Worker’s Union, L.I.U.N.A., Local 183 v. Fourwinds Construction Inc., 2000 CanLII 8635

G. Pickell

G. McMenemy

D. L. Gee