G. McMenemy

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardMar 28, 2000

Hearing adjourned sine die at the applicant's request without requiring the responding parties' consent.

The applicant requested an adjournment of the hearing scheduled for March 29, 2000.

The Ontario Labour Relations Board granted the adjournment sine die.

The Board noted that the responding parties had filed a Notice of Intent to Defend and, pursuant to Rule 162, were not entitled to participate in the proceedings regarding the adjournment, rendering their consent unnecessary.

Brick and Allied Craft Union of Canada, Local 10 v. 620230 Ontario Inc. o/a TS Masonry, 2000 CanLII 8704

John Morgan Lewis

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMar 28, 2000

Consent order issued requiring the employer to pay $16,288.54 in unpaid collective agreement contributions.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the respondent employer failed to make proper contributions required under the collective agreement.

Prior to the hearing, the parties entered into a memorandum of agreement resolving the quantum of damages.

The Board issued a consent order declaring the respondent bound by the collective agreement and ordering the payment of $16,288.54 to the applicant.

Sheet Metal Workers’ International Association Local 235 v. Fraser-Vein Ltd., 2000 CanLII 1653

Mary Ellen Cummings

OLRB0 cases1991–2009

J. Knight

G. McMenemy

Board grants union's request to add responding parties and adjourns grievance application sine die.

The applicant union sought to add new responding parties and adjourn the section 133 application sine die in order to file a related application under sections 1(4) and 69 of the Labour Relations Act.

The responding parties did not appear.

The Board granted the request, added the new responding parties, and adjourned the matter sine die.

Carpenters & Allied Workers Local 27 v. 1171342 Ontario Inc., 2000 CanLII 10726

J. G. Knight

G. McMenemy

D. L. Gee

Consent order issued directing employer to pay $15,022.16 in unpaid benefits and dues.

The applicant union referred a grievance to the Ontario Labour Relations Board alleging the responding party failed to pay benefits and dues contributions.

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

The Board issued a consent order declaring the responding party bound by the collective agreements, finding a violation for unpaid amounts, and ordering the payment of $15,022.16 in damages and $1,450.00 in costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Lopes Drywall & Acoustics Inc., 2000 CanLII 3649

John Morgan Lewis

J. G. Knight

G. McMenemy

Board incorporated partial settlement of grievance into a decision and ordered payment of $802.22.

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

Prior to the hearing, the parties entered into Minutes of Partial Settlement regarding two individuals.

The Board issued a decision incorporating the settlement terms, ordering the responding party to pay $802.22 to one individual, and scheduling a further hearing for the remaining issues.

International Brotherhood of Electrical Workers, Local 353 v. Cablecom International Network Cabling, Division of the State Group Limited, 2000 CanLII 4698

John Morgan Lewis

J. G. Knight

G. McMenemy

Hearing adjourned 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 hearing to May 3, 2000.

International Brotherhood of Electrical Workers, Local 303 v. Weinmann Electric Limited, 2000 CanLII 10245

Mary Ellen Cummings

OLRB0 cases1991–2009

J. Knight

G. McMenemy

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

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

The Ontario Labour Relations Board consented to adjourn the matter sine die for a period not exceeding one year, after which it will be deemed terminated if neither party requests to proceed.

International Union of Operating Engineers, Local 793 v. Summit Pipeline Services Ltd., 2000 CanLII 6733

J. G. Knight

G. McMenemy

D. L. Gee

Consent order issued for unpaid union benefits and dues totaling $1,623.64 plus costs.

The applicant union referred a grievance to the Ontario Labour Relations Board regarding unpaid benefits, dues, and contributions.

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

The Board issued a consent order declaring the responding party bound by the collective agreement and ordering the payment of $1,623.64 in damages and $300.00 in costs.

Drywall Acoustic Lathing and Insulation Local 675 v. Viking Drywall & Acoustics Inc., 2000 CanLII 2714

Michael McCreary

12 cases2000–2019

J. G. Knight

G. McMenemy

D. L. Gee

Board issued an arrest warrant for an employer's principal who failed to attend a grievance hearing.

The applicant union referred a grievance to arbitration alleging the employer failed to remit employee contributions.

A principal of the responding party was served with a summons to attend the hearing but failed to appear.

The Board found his presence material to the ends of justice and issued a warrant for his arrest, directing police to bring him to the continuation of the hearing and ordering him to produce specified employment and payroll records.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. BBI Acoustics & Drywall Applicators, 2000 CanLII 13583

J. G. Knight

G. McMenemy

David A. McKee

Default judgment granted against employer for unpaid wages and benefits following failure to respond.

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 failed to pay correct wages and benefits.

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 payment of $9,763.50 in unpaid wages and benefits, plus $214.00 for the filing fee.

Labourers’ International Union of North America, Local 1081 v. Doug Wright Construction Ltd., 2000 CanLII 6698

J. G. Knight

G. McMenemy

D. L. Gee

Employer ordered to pay unpaid benefits and dues after failing to attend grievance arbitration hearing.

The applicant union referred a construction industry grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging that the responding party employer failed to remit benefits, dues, contributions, and deductions.

The responding party failed to attend the hearing.

Based on the union's evidence, the Board found the employer bound by the collective agreement and ordered it to pay $4,115.32 in arrears plus $749.00 in fees.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Peelco Construction Services Limited, 2000 CanLII 13151

J. G. Knight

G. McMenemy

D. L. Gee

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 neither party requests to proceed.

Drywall Acoustic 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 4923

G. Pickell

G. McMenemy

David A. McKee

Grievance referral adjourned sine die on consent of the parties.

The applicant union filed a grievance referral against the responding party.

On agreement 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 party requests to proceed.

The Ontario Council of the International Brotherhood of Painters and Allied Trades, Glaziers Local 1819 v. Contemporary Unlimited, 2000 CanLII 9660

J. G. Knight

G. McMenemy

D. L. Gee

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

The Ontario Labour Relations Board granted a consent request to adjourn the application sine die for a period not exceeding one year.

If neither party requests to proceed within that time, the matter will be deemed terminated.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investors and Builders Ltd., 2000 CanLII 4272

John Morgan Lewis

J. G. Knight

G. McMenemy

Board appoints Labour Relations Officer to post workplace notice after responding parties failed to comply.

The Board noted that the responding parties failed to post Form B-25(A) as directed in a previous decision.

Pursuant to sections 111(2)(g) and (h) of the Labour Relations Act, the Board appointed a Labour Relations Officer to enter the premises and post the notice and a copy of the decision.

Employees were given 14 days to make written representations.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786 v. Calorific Construction Limited, 2000 CanLII 12041

J. G. Knight

G. McMenemy

David A. McKee

Employers found liable by default for unpaid wages and remittances; damages deferred to oral hearing.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employers failed to pay proper wages and make required remittances under the provincial collective agreement.

The responding employers failed to file a response.

The Board deemed the facts in the application accepted and found the employers liable for violating the collective agreement.

However, the Board found the applicant provided insufficient information to assess damages and directed that the scheduled hearing proceed solely to determine the quantum of damages.

Brick and Allied Craft Union of Canada, Local 10 v. 620230 Ontario Inc. o/a TS Masonry, 2000 CanLII 8452

J. G. Knight

G. McMenemy

David A. McKee

Union certification granted and certificates issued following a successful representation vote in the construction industry.

The applicant trade union applied for certification as the bargaining agent for construction labourers employed by the responding party.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board directed the issuance of two certificates pursuant to section 160(1) of the Labour Relations Act.

One certificate was issued for the industrial, commercial, and institutional sector province-wide, and another for all other sectors in the specified geographic areas.

Labourers’ International Union of North America, Local 506 v. Chem-Seal Tec. Corporation, 2000 CanLII 10270

J. G. Knight

G. McMenemy

David A. McKee

Representation vote rescheduled on agreement of the parties.

The Ontario Labour Relations Board issued a decision on agreement of the parties to cancel a representation vote scheduled for March 24, 2000, and reschedule it to April 4, 2000.

The responding party was directed to post the decision to bring it to the attention of eligible employees.

Ontario Pipe Trades Council v. Rodco Mechanical Inc., 2000 CanLII 12073

John Morgan Lewis

J. G. Knight

G. McMenemy