G. McMenemy

G. Pickell

G. McMenemy

Default judgment granted against employer for violating collective agreement by using non-union labour.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging that the responding party employer violated the collective agreement by employing non-union members to perform insulation work.

The responding party failed to file a response.

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 declared that the responding party violated the collective agreement and ordered it to pay $1,050.00 in damages and $214.00 in costs.

International Association of Heat and Frost Insulators and Asbestos Workers, Local 95 v. McBrien Insulation Ltd., 2000 CanLII 6556

M. A. Nairn

G. Pickell

G. McMenemy

Employer ordered to pay $3,883.79 in unpaid remittances and costs following default in grievance referral.

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

The responding party employer 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 employer bound by the provincial collective agreement and ordered it to pay $3,883.79 in unpaid remittances, legal costs, and filing fees.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and joiners of America v. Edian Painting & Janitorial, 2000 CanLII 11064

M. A. Nairn

G. Pickell

G. McMenemy

Matter withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw the matter.

The Ontario Labour Relations Board granted the request and the matter was withdrawn with leave of the Board.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. T & F Lathing Ltd., 2000 CanLII 8349

M. A. Nairn

G. Pickell

G. McMenemy

Default judgment granted against employer for unpaid wages and unremitted trust fund contributions.

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 pay correct wages and remit trust fund contributions.

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 responding party bound by the collective agreement, declared it had violated the agreement, and ordered it to pay $11,273.69 in damages.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Joe DaSilva o/a J.D. Installations, 2000 CanLII 8254

M. A. Nairn

G. Pickell

G. McMenemy

Employer found liable in default proceeding for violating collective agreement by employing non-union worker.

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

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

Pursuant to the Board's Rules of Procedure, the Board deemed the facts in the application accepted and found the employer liable for violating the collective agreement.

The Board ordered the employer to comply with the agreement and scheduled a hearing to determine damages.

Sheet Metal Workers’ International Association, Local 30 v. Ritz Sheet Metal Inc., 2000 CanLII 7190

M. A. Nairn

G. Pickell

G. McMenemy

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 cast were in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board dismissed the application.

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

Labourers’ International Union of North America v. Penegal Trim & Supply Ltd., 2000 CanLII 9149

Russell Goodfellow

OLRB0 cases1999–2001

G. Pickell

G. McMenemy

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

The applicant union and responding employers 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 matter would be deemed terminated if no request to proceed is made.

International Union of Painters and Allied Trades, Local 1819, Glaziers v. Service Glass & Mirror Ltd., 2000 CanLII 7888

M. A. Nairn

G. Pickell

G. McMenemy

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

The applicant union applied for certification as the bargaining agent for the employees of the responding party.

A representation vote was held, and not more than fifty per cent of the ballots cast were in favour of the applicant.

No statements of desire to make representations were filed.

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for the same bargaining unit.

Labourers’ International Union of North America v. North End Construction Ltd., 2000 CanLII 10001

Russell Goodfellow

OLRB0 cases1999–2001

G. Pickell

G. McMenemy

Adjournment granted on consent of the parties.

The parties requested an adjournment of the matter.

The Ontario Labour Relations Board consented to the request and adjourned the matter to August 18, 2000.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Lopes Drywall & Acoustics Inc., 2000 CanLII 6250

J. G. Knight

G. McMenemy

D. L. Gee

OLRB0 cases1994–2001

Jurisdictional dispute applications terminated following parties' settlement agreement withdrawing claims to the disputed work.

The applicants filed jurisdictional dispute applications regarding the assignment of work involving the installation of limit switch/bracket assemblies on a conveyor at the Honda Van Plant in Alliston, Ontario.

The work had been assigned to the International Brotherhood of Electrical Workers, Local 1739.

The parties entered into a Memorandum of Agreement in which the applicants withdrew their claim to the work in dispute.

The Ontario Labour Relations Board reproduced the agreement in its decision and terminated the applications.

Millwright Regional Council of Ontario and its Local 2309 v. International Brotherhood of Electrical Workers, Local 1739, 2000 CanLII 13349

M. A. Nairn

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardJul 19, 2000

Application for certification dismissed after union failed to secure more than fifty per cent of votes.

The applicant union applied for certification.

A representation vote was held, and not more than fifty per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

As no statement of desire to make representations was filed within the time fixed under Rule 62 of the Board's Rules of Procedure, the Ontario Labour Relations Board dismissed the application.

A one-year bar on subsequent applications for certification by the applicant was imposed.

Labourers’ International Union of North America, Local 527 v. Bonnechere Excavating Inc., 2000 CanLII 9954

M. A. Nairn

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardJul 19, 2000

Board directed employer to post required notices to employees before finalizing union certification application.

The applicant union applied for certification in the construction industry.

A representation vote was held, and the ballot count indicated the applicant was entitled to be certified.

However, the Board noted that the required notices to employees, including the Notice of Application, Notice of Vote, and Notice of Report of Board Officer, had not been posted at the job sites.

The Board directed the responding party to post the application, the Board's decision, and an attached notice for 15 days to ensure affected employees were informed, after which the Board would proceed with the application.

Labourers’ International Union of North America v. Azor Woodworking Ltd., 2000 CanLII 11080

M. A. Nairn

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJul 19, 2000

Trade union certified as bargaining agent for carpenters after successful representation vote.

The applicant trade union applied for certification as the bargaining agent for carpenters and carpenters' apprentices employed by the responding party.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board issued two certificates pursuant to section 160(1) of the Labour Relations Act.

One certificate was confined to the industrial, commercial and institutional sector in Ontario, and the other covered all other sectors in the specified geographic area.

United Brotherhood of Carpenters and Joiners of America v. Venture North Construction Ltd., 2000 CanLII 6329

G. Pickell

G. McMenemy

Brian McLean

OLRB0 cases1998–2026

Application terminated following the filing of Minutes of Settlement.

The applicant filed an application before the Ontario Labour Relations Board.

Having regard to the Minutes of Settlement filed by the parties, the Board ordered that the application be terminated.

International Brotherhood of Electrical Workers, Local 894 v. J.G. Roger Electric (1981) Ltd., 2000 CanLII 9688

J. G. Knight

G. McMenemy

D. L. Gee

OLRB0 cases1994–2001

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

The applicant union and responding employers 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 matter will be deemed terminated if no request to proceed is made.

International Brotherhood of Electrical Workers, Local 586 v. Duraline Power Systems Ltd. and G. & R. Electropath Inc., 2000 CanLII 6607

Inge M. Stamp

OLRB0 cases1988–2001

G. Pickell

G. McMenemy

Application adjourned sine die on consent for a period not exceeding one year.

The applicant union and responding employers 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 matter would be deemed terminated if no party requested to proceed.

Carpenters and Allied Workers Local 27 v. 833359 Ontario Limited, 2000 CanLII 8477

G. Pickell

G. McMenemy

Brian McLean

OLRB0 cases1998–2026

Grievance referral application adjourned sine die on consent of the parties.

The applicant union and responding employers agreed to adjourn the grievance referral application sine die.

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

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1795) v. Felice Aluminum and Glass Ltd., 2000 CanLII 10622

R. O. MacDowell

OLRB0 cases1980–2001

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardJul 17, 2000

Board directed parties to file submissions on vote-related issues following unsuccessful settlement discussions.

The applicant local unions alleged that the parent international union contravened the 'Bill 80' provisions of the Labour Relations Act.

The Board had previously directed the parties to make representations about vote-related issues, but no time limit was fixed due to ongoing settlement discussions.

As settlement efforts were unsuccessful, the Board directed the parties to make submissions by July 24, 2000, after which the Board would make further determinations or schedule a hearing.

Laborers’ International Union of North America, Local 491 v. Laborers’ International Union of North America, 2000 CanLII 9632

J. G. Knight

G. McMenemy