G. McMenemy

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardApr 12, 2000

Board reconsiders decision to award $214 in filing costs for grievance referral.

The Ontario Labour Relations Board, on its own motion, reconsidered its decision dated April 11, 2000, to award the applicant $214 in costs associated with the filing of its grievance referral pursuant to section 133(13) of the Labour Relations Act, 1995.

Sheetmetal Workers’ International Association, Local 30 v. Elmford Construction Company Limited., 2000 CanLII 10870

John M. Lewis

OLRB0 cases1999–2000

J. G. Knight

G. McMenemy

Employer ordered to pay $15,018.10 in damages for unpaid benefit contributions in default grievance proceeding.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit benefit trust fund contributions.

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 and ordered it to pay $15,018.10 in damages for unpaid penalties and late payment damages.

Sheetmetal Workers’ International Association, Local 30 v. Earlscourt Metal Industries Ltd., 2000 CanLII 7491

John M. Lewis

OLRB0 cases1999–2000

J. G. Knight

G. McMenemy

Employer ordered to pay $28,252.46 in unpaid overtime damages following failure to respond to grievance.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the employer failed to pay overtime premiums for weekend and statutory holiday work.

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 and ordered it to pay $28,252.46 in damages for unpaid overtime.

Universal Workers Union, L.I.U.N.A. Local 183 v. Dirpam/Edilcan, 2000 CanLII 10260

John Morgan Lewis

J. G. Knight

G. McMenemy

Application for certification withdrawn with leave; one-year bar imposed on future applications.

The applicant, I.B.E.W. Construction Council of Ontario, requested to withdraw its application for certification.

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

The Board imposed a one-year bar on further applications for certification by the applicant or its affiliated bargaining agents for the same bargaining unit.

The Board also directed the destruction of ballots cast in the representation vote after 30 days.

I.B.E.W. Construction Council of Ontario v. Southwold Diversified Ltd., 2000 CanLII 11751

John Morgan Lewis

J. G. Knight

G. McMenemy

Application for certification withdrawn with leave; one-year bar imposed on future applications.

The applicant union sought to withdraw its application for certification.

The Ontario Labour Relations Board granted leave to withdraw the application and imposed a one-year bar on any further applications for certification by the applicant or its affiliated bargaining agents for the same bargaining unit.

The Board also directed the destruction of the ballots cast in the representation vote.

I.B.E.W. Construction Council of Ontario v. Bison Electric Incorporated and/or Bison Electric & Mechanical Inc., 2000 CanLII 11752

J. Knight

G. McMenemy

D. L. Gee

Consent direction issued extending the time for the responding party to file a response.

The Ontario Labour Relations Board issued a consent direction extending the time for the responding party to file a response to August 14, 2000.

Teamsters Local Union No. 230 v. Gottardo Enterprises Inc., 2000 CanLII 10452

L. Steinberg

46 cases1982–2003

Marilyn Silverman

OLRB0 cases2000–2001

G. Pickell

G. McMenemy

Board issues consent order enforcing settlement agreement for $26,148.52 in damages for collective agreement violations.

The applicant union referred a grievance to the Ontario Labour Relations Board alleging violations of the collective agreement.

Prior to the hearing, the parties entered into a Memorandum of Agreement to settle the matter.

The Board issued a consent order declaring the responding party bound by the collective agreement, finding it had violated the agreement, and ordering it to pay $26,148.52 in damages pursuant to an agreed payment schedule.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787 v. Major Air Systems Ltd., 2000 CanLII 1665

John Morgan Lewis

J. G. Knight

G. McMenemy

In Private Practice18 cases1995–2026

Union's application for certification withdrawn with leave, subject to a one-year bar on reapplication.

The applicant union sought to withdraw its application for certification.

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

The Board imposed a one-year bar on any further applications for certification by the applicant or its affiliated bargaining agents for the employees in the bargaining unit.

The Registrar was directed to destroy the ballots cast in the representation vote after 30 days.

I.B.E.W. Construction Council of Ontario v. Turnay Electric Ltd., 2000 CanLII 11750

Lister Tennant

4 cases2000–2001

Karen Cosgrove

3 cases2000–2008

David Conn

Inge M. Stamp

OLRB0 cases1988–2001

G. Pickell

G. McMenemy

Bargaining rights terminated after union withdrew challenges and representation vote showed majority opposition.

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

At the hearing, the trade union withdrew its challenges under section 63(16) of the Labour Relations Act, 1995 and its challenge to the applicant's status.

The Board directed that the ballots from the representation vote be counted.

More than fifty percent of the ballots were cast in opposition to the trade union.

Consequently, the Board declared that the trade union no longer represents the employees of the intervenor employer.

Employees of Metro Railing Ltd. v. Carpenters and Allied Workers Local 27, 2000 CanLII 12902

J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

G. McMenemy

Applications withdrawn with leave of the Board.

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

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

Labourers’ International Union of North America, Local 183 v. Ballymore Building Corporation, 2000 CanLII 1908

J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

G. McMenemy

Requests for reconsideration of union certification decisions dismissed; incorporation status of employer not a bar.

Several unions requested reconsideration of the Board's decisions directing a representation vote and certifying the Carpenters as the bargaining agent for employees of Four Hundred Structures Inc. The requesting unions alleged that the employer was part of a scheme to deprive them of their bargaining rights and that the employer was not legally incorporated at the time of the application.

The Board dismissed the requests for reconsideration, finding the incorporation argument unpersuasive and declining to go behind the agreement of the parties to the certification application, noting that none of the requesting unions claimed to represent the employees in question.

United Brotherhood of Carpenters and Joiners of America v. Four Hundred Structures Inc., 2000 CanLII 13109

J. Knight

G. McMenemy

D. L. Gee

Board directed responding party to file its response by April 11, 2000 on consent.

The Ontario Labour Relations Board issued a procedural direction on consent, ordering the responding party to file its response by April 11, 2000.

Teamsters Local Union No. 230 v. B. Gottardo Construction Ltd., 2000 CanLII 1422

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardApr 7, 2000

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.

International Union of Bricklayers and Allied Craftworkers, Local 2 v. Chem-Thane Engineering Inc., 2000 CanLII 3568

J. Knight

G. McMenemy

D. L. Gee

Representation vote ordered in construction industry certification application following union name change.

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

The Board recognized the applicant as a trade union, noting a recent authorized name change.

Finding 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 Painters and Allied Trades, Glaziers Local 1819 v. Barrie Glass & Mirror Ltd., 2000 CanLII 8797

J. Knight

G. McMenemy

D. L. Gee

Application for certification dismissed after union failed to secure majority in representation vote.

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

Millwrights Union Local 1244 v. International Fabricating and Machining, 2000 CanLII 9980

Marilyn Silverman

OLRB0 cases2000–2001

G. Pickell

G. McMenemy

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.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787 v. E.S.D. Industries Inc., 2000 CanLII 3554

J. G. Knight

G. McMenemy

David A. McKee

Request for reconsideration dismissed due to procedural non-compliance and failure to provide information originally.

The applicant union requested reconsideration of a Board decision that declined to award default judgment for damages due to insufficient pleadings.

The union provided new material detailing the quantum of damages.

The Board dismissed the request for reconsideration because the application was not made in accordance with the rules, the new information could have been provided in the original application, and the short time frame did not allow for procedural fairness to the responding parties.

Brick and Allied Craft Union of Canada, Local 10 v. 620230 Ontario Inc. o/a TS Masonry, 2000 CanLII 13440

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardApr 4, 2000

Board corrects previous decision to accurately define the bargaining unit and voting constituency.

The Ontario Labour Relations Board issued a decision correcting an error in its previous decision dated April 3, 2000.

The Board revoked and replaced paragraphs 6 and 7 of the previous decision to accurately define the appropriate bargaining unit and the voting constituency for a representation vote involving carpenters and carpenters' apprentices in the employ of the responding party.

United Brotherhood of Carpenters and Joiners of America, Local 446 v. 1335664 Ontario Ltd. o/a J. P. L. Limited, 2000 CanLII 7819

J. G. Knight

G. McMenemy

D. L. Gee