G. McMenemy

G. McMenemy

OLRBOntario Labour Relations BoardJun 19, 2000

Board issues consent order resolving unjust discharge and refusal to hire grievances for $10,500.

The applicant union referred two grievances to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging unjust discharge and refusal to hire the grievor.

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

The Board issued a consent order directing the responding party to pay $10,500 in trust to the union, requiring the grievor to indemnify the parties regarding statutory deductions, and ordering the responding party to post notices acknowledging the union's right to appoint stewards and agreeing not to discriminate against them.

International Union of Operating Engineers, Local 793 v. Con-Drain Company (1983) Ltd., 2000 CanLII 3700

J. G. Knight

G. McMenemy

Gail Misra

OLRBOntario Labour Relations BoardJun 19, 2000

Application withdrawn with leave of the Board.

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

The Board granted leave to withdraw the application.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Interac Contractors Inc., 2000 CanLII 5364

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardJun 19, 2000

D. L. Gee

OLRB0 cases1994–2001

Grievance referral adjourned sine die on consent of the parties.

The applicant union and responding employer agreed to adjourn the grievance referral 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 request to proceed is made.

International Brotherhood of Electrical Workers, Local 353 v. The Board of Governors of Exhibition Place, 2000 CanLII 10605

J. G. Knight

G. McMenemy

Gail Misra

Employer ordered to pay damages for collective agreement violation after failing to respond to grievance referral.

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

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 violated the collective agreement and ordered it to pay $17,074.44 in damages and $214.00 for filing fees.

Brick and Allied Craft Union of Canada v. D. A. Masonry Ltd., 2000 CanLII 8865

J. G. Knight

Inge M. Stamp

G. McMenemy

Application dismissed against specific responding parties at the applicant's request.

The applicant union requested by letter to dismiss the application as it relates to Apple Mechanical Co. Ltd. (1992) and its principal Harold McIntosh.

The Ontario Labour Relations Board granted the request and dismissed the application against those specific parties.

Ontario Pipe Trades Council v. Marman Mechanical In., 2000 CanLII 7369

J. G. Knight

G. McMenemy

Gail Misra

Default judgment granted against employer for employing non-union labour in violation of collective agreement.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer employed a non-union labourer in violation of the collective agreement.

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 employer violated the collective agreement, ordered damages of $6,774.30, and awarded costs of $214.00.

Labourers’ International Union of North America, Local 1059 v. D A Masonry Ltd., 2000 CanLII 6821

J. G. Knight

Inge M. Stamp

G. McMenemy

Default judgment granted against employer for hiring non-union workers in violation of collective agreement.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding party employer violated the provincial collective agreement by hiring 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 Board deemed the facts in the application accepted, found the employer in violation of the collective agreement, and ordered the employer to pay damages of $14,882.56 plus $214.00 in costs.

United Brotherhood of Carpenters and Joiners of America Local 1946 v. Barwood Flooring Limited, 2000 CanLII 6361

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardJun 15, 2000

Board directed a Labour Relations Officer to assist parties with document production and adjourned hearing.

The applicants brought applications under sections 69 and 1(4) of the Labour Relations Act, 1995.

Following a previous order for document production, the applicants remained unsatisfied with the responding parties' disclosure.

The parties agreed to adjourn the upcoming hearing to deal with production and preliminary issues.

The Board cancelled the scheduled hearing and directed a Labour Relations Officer to meet with the parties to assist in the production of documents.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Canning Contracting Limited, 2000 CanLII 11718

J. G. Knight

G. McMenemy

Gail Misra

OLRBOntario Labour Relations BoardJun 15, 2000

Consent order issued directing employer to pay $75,000 to union pursuant to settlement agreements.

The parties reached a Memorandum of Agreement and Minutes of Settlement regarding multiple unfair labour practice and grievance applications.

The Ontario Labour Relations Board issued a consent order directing the employer to pay $75,000 to the union in full and final settlement, and directing the union to waive fines assessed against two individuals.

The applications were subsequently withdrawn with leave of the Board.

International Brotherhood of Electrical Workers, Local 586 v. Power-Tek Electrical Services Inc., 2000 CanLII 12277

J. G. Knight

G. McMenemy

Gail Misra

Union certified as bargaining agent following successful representation vote.

The applicant trade union applied for certification.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Board issued certificates to the applicant for the industrial, commercial and institutional sector, and for all other sectors in the specified geographic areas.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Boyd Electric Company Limited, 2000 CanLII 8054

M. A. Nairn

OLRB0 cases1989–2001

J. G. Knight

G. McMenemy

Board issues consent order for $41,190.11 in unpaid remittances based on parties' Minutes of Settlement.

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

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

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated it, and ordered the payment of $41,190.11 in unpaid remittances for specified months.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. 918070 Ontario Ltd. O/A Baseform Structural Construction, 2000 CanLII 7595

J. Knight

G. McMenemy

Gail Misra

Pre-hearing document production ordered against responding party but denied against non-party.

The applicant union requested pre-hearing production of documents to prove the quantum of damages in a construction industry grievance.

The Ontario Labour Relations Board ordered the responding party to produce invoices, contracts, and payroll records related to the disputed work.

However, the Board declined to order a non-party to produce documents in advance of the hearing, noting its jurisdiction to compel pre-hearing production applies only to parties to the proceeding.

International Union of Bricklayers and Allied Craftsmen, Local 6 v. Marathon Delco Inc., 2000 CanLII 12805

M. A. Nairn

OLRB0 cases1989–2001

J. G. Knight

G. McMenemy

Consent adjournment sine die granted for a period not exceeding one year.

The applicant union filed a grievance referral 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.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Sutherland-Schultz Inc., 2000 CanLII 1667

J. G. Knight

G. McMenemy

Gail Misra

Application adjourned sine die on consent of the parties.

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 matter will be deemed terminated if neither party requests to proceed.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Brandon Drywall Limited, 2000 CanLII 10459

J. G. Knight

G. McMenemy

Gail Misra

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

The applicant union and responding party 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 matter will be deemed terminated if neither party requests to proceed.

Drywall Acoustic Lathing and Insulation Local 675 v. Drago Kureva c.o.b. as K.D. Acoustics, 2000 CanLII 3944

M. A. Nairn

OLRB0 cases1989–2001

J. G. Knight

G. McMenemy

Board issues consent order for $17,883.46 in unpaid remittances and vacation pay.

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

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

The Board issued declarations and orders in accordance with the settlement, finding that the responding party violated the collective agreement and ordering it to pay $17,883.46 in unpaid remittances and vacation pay.

Drywall, Acoustic, Lathing and Insulation Local 675 of the United Brotherhood of Carpenters and Joiners of America v. F. D. Begley & Associates Inc., 2000 CanLII 8403

J. G. Knight

G. McMenemy

Gail Misra

OLRBOntario Labour Relations BoardJun 13, 2000

Default judgment denied in grievance referral due to lack of evidence of a binding collective agreement.

The applicant union referred a construction industry grievance to arbitration.

The responding party failed to file a Notice of Intent to Defend.

However, the Board declined to issue a default judgment because the applicant failed to provide evidence that the responding party was bound to a collective agreement.

The scheduled hearing was ordered to proceed.

Sheet Metal Worker’s International Association, Local 269 v. LeBlanc Ventilation Inc., 2000 CanLII 12668

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardJun 13, 2000

Certification application dismissed after union failed to win majority in representation vote.

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots were cast in favour of the applicant.

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 the same bargaining unit.

Labourers’ International Union of North America, Local 183 v. Cornerstone Engineering & Restoration Inc., 2000 CanLII 12667

Laura Trachuk

J. A. Rundle

OLRB0 cases1986–2001

G. McMenemy