G. McMenemy

G. McMenemy

OLRBOntario Labour Relations BoardMay 15, 2000

Gail Misra

OLRB0 cases1994–2025

Application adjourned sine die on consent for up to 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 request to proceed is made.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Macdero Construction (Ontario) Ltd., 2000 CanLII 10718

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 12, 2000

Application withdrawn at the request of the applicant.

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

The Board granted the request and the application was withdrawn.

Wayne Robert Reid v. Ontario Sheet Metal Workers Conference, 2000 CanLII 8450

J. G. Knight

Harry Freedman

G. McMenemy

Board ordered applicant to file facts disputing union's timeliness objection before directing representation vote.

The applicant applied to terminate the bargaining rights of the responding union.

The union asserted that the intervenor employer was bound by the ICI provincial agreement, which would make the application untimely.

The Board noted that the bargaining unit descriptions provided by the applicant and intervenor were unclear and did not resemble the ICI provincial agreement unit.

Before directing a representation vote, the Board ordered the applicant to file a statement of facts disputing the union's assertion regarding the ICI provincial agreement, failing which the application would be dismissed.

Wayne Robert Reid v. Ontario Sheet Metal Workers Conference, 2000 CanLII 8844

J. Knight

G. McMenemy

D. L. Gee

Application adjourned sine die on consent of the parties.

The applicant union and responding employer agreed to adjourn the application sine die.

The Board consented to the adjournment for a period not exceeding one year, after which the matter would be deemed terminated if neither party requested to proceed.

Labourers’ International Union of North America, Local 1059 v. Traugott Construction (Kitchener) Limited, 2000 CanLII 8697

J. Knight

G. McMenemy

D. L. Gee

Application adjourned sine die on consent of the parties.

The applicant union filed an application 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, after which it will be deemed terminated if no request to proceed is made.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. BFC Industrial – Nicholls Radtke, 2000 CanLII 7038

J. Knight

G. McMenemy

D. L. Gee

Application dismissed after representation vote failed to achieve majority support.

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

Following a representation vote, not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party.

As no statement of desire to make representations was filed, the Board dismissed the application and ordered the destruction of the ballots after 30 days.

International Union of Operating Engineers, Local 793 v. Powerline Plus (a Division of Advance Utilities Constructors Inc.), 2000 CanLII 7969

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 10, 2000

Grievance referrals adjourned sine die pending outcome of related employer and sale of business application.

The applicant union filed an application for related employer and sale of business declarations under sections 1(4) and 69 of the Labour Relations Act, 1995, along with four related grievance referrals under section 133.

The applicant requested that the grievance referrals be held in abeyance pending the outcome of the declaratory application and waived the applicable time limits.

The Board granted the request, adjourning the grievance referrals sine die and extending the time for the responding parties to file their responses.

Drywall Acoustic Lathing and Insulation Local 675 v. R.J. Wilcox Partitions & Ceiling Systems Inc., 2000 CanLII 2877

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 10, 2000

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.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Blenkhorn-Sayers, a division of Sayers & Associates Limited, 2000 CanLII 1697

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 10, 2000

Board declares two sheet metal companies a single employer and bound by collective agreement.

The applicant union sought declarations under sections 1(4) and 69 of the Labour Relations Act that the responding parties were a single employer and that a sale of a business had occurred.

The responding parties failed to file a response and previously signed a Memorandum of Agreement consenting to the declarations.

The Board determined the application without a hearing, finding that the responding parties carried on associated or related activities under common control and direction.

The Board issued declarations that the responding parties are a single employer, that a sale of part of a business occurred, and that both are bound by the applicable collective agreement.

Sheet Metal Workers’ International Association, Local 30 v. Inter Wide Sheet Metal Ltd., 2000 CanLII 1186

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 9, 2000

Board directs representation vote in construction industry certification application after responding party fails to file response.

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

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

The Board found that the applicant appeared to have the requisite membership support of at least forty percent in the proposed bargaining unit.

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

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. 539243 Ontario Ltd., 2000 CanLII 9654

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 9, 2000

Representation vote ordered in construction industry certification application despite minor membership evidence irregularities.

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.

Despite minor irregularities in some membership evidence, the Board found that not less than forty per cent of the individuals in the proposed bargaining unit appeared to be members of the applicant.

The Board directed that a representation vote be taken.

International Union of Painters and Allied Trades, Glaziers Local 1819 v. W.C.H. Access Systems Inc., 2000 CanLII 6352

J. Knight

G. McMenemy

D. L. Gee

Matters terminated based on Minutes of Settlement.

The applicant brought matters before the Ontario Labour Relations Board.

Having regard to Minutes of Settlement dated May 2, 2000, the Board ordered the matters terminated.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Bruce S. Evans Limited, 2000 CanLII 6806

Marilyn Silverman

OLRB0 cases2000–2001

J. Knight

G. McMenemy

Matter adjourned sine die for up to one year upon 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, noting that it would be deemed terminated if no party requested to proceed within that time.

Drywall Acoustics Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall Concord Ltd., 2000 CanLII 9847

Marilyn Silverman

OLRB0 cases2000–2001

J. Knight

G. McMenemy

Board orders witness evading service to attend hearing and produce employment records.

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

The responding party failed to file a response or attend the scheduled hearing.

The applicant provided an affidavit of service demonstrating reasonable efforts to serve a witness who was attempting to evade service.

The Board granted the applicant's request and ordered the witness to attend the next hearing date and produce specified employment, payroll, and contracting records.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Simplex Drywall Limited, 2000 CanLII 4991

J. Knight

G. McMenemy

D. L. Gee

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

The International Union of Painters and Allied Trades, Local 1891 v. Chem-Thane Engineering Inc., 2000 CanLII 4807

Marilyn Silverman

OLRB0 cases2000–2001

J. Knight

G. McMenemy

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

The applicant requested an adjournment sine die of the matter.

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

Drywall Acoustics Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Alcor Investment Group c.o.b. as Alcor Interiors, 2000 CanLII 6431

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardMay 4, 2000

Responding parties ordered to produce documents to the applicant by a specified date.

The applicant requested document production from the responding parties.

The Board directed both responding parties to produce the documents in their possession to the applicant's counsel by June 1, 2000, with leave for the applicant to renew its request for further documents by June 12, 2000.

Lake Ontario District Council, United Brotherhood of Carpenters and Joiners of America v. Marduk Associates Inc., 2000 CanLII 13208

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardMay 4, 2000

Representation vote directed in construction industry application for certification.

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

The Board found that the applicant is an affiliated bargaining agent and that not less than forty per cent 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 among the eligible employees.

Sheet Metal Workers’ International Association, Local Union No. 47 v. Airgo Mechanical Inc., 2000 CanLII 10046

J. Knight

G. McMenemy

D. L. Gee