G. McMenemy

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardMar 22, 2000

Grievance referral withdrawn with leave of the Board following the filing of Minutes of Settlement.

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

Prior to the scheduled hearing, the parties met with a Labour Relations Officer and filed Minutes of Settlement.

Having regard to the settlement, the Board granted leave to withdraw the referral and cancelled the hearing.

International Brotherhood of Electrical Workers, Local 402 v. Blenkhorn-Sayers, A Division of Sayers & Associates Limited, 2000 CanLII 17174

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardMar 21, 2000

Representation vote cancelled after intervening union asserted an existing collective agreement with the employer.

The applicant trade union applied for certification to represent carpenters and construction labourers employed by the responding party.

A representation vote was scheduled.

Shortly before the vote, an intervening trade union asserted it had an existing collective agreement with the responding party, making the application a timely displacement application.

Neither the applicant nor the responding party had disclosed this potential claim in their filings.

The Board cancelled the scheduled representation vote and directed the intervener to file its submissions regarding the validity of the collective agreement and the applicant's request to amend the bargaining unit description.

Universal Workers Union, L.I.U.N.A. Local 183 v. Metal Tech Systems Inc., 2000 CanLII 12789

J. G. Knight

Inge M. Stamp

G. McMenemy

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

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Ontario Labour Relations Board consented to the adjournment, noting that the matter would be deemed terminated without further notice if neither party requested to proceed within that time.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Industry Drywall Systems Ltd., 2000 CanLII 3253

J. G. Knight

Inge M. Stamp

G. McMenemy

Default judgment granted against employer for unpaid wages and benefits following failure 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, 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 Board deemed the facts in the application accepted and proceeded without a hearing.

The Board found the employer bound by the collective agreements, declared it had violated them by failing to pay wages and benefits, and ordered the employer to pay damages and issue Records of Employment.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. MacDonald Construction Services c.o.b. as Perma Structures, 2000 CanLII 4024

J. G. Knight

Inge M. Stamp

G. McMenemy

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

The applicant requested to withdraw its application.

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

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Toronto Board of Education Staff Credit Union Limited, 2000 CanLII 9959

J. G. Knight

Inge M. Stamp

G. McMenemy

Grievance referral adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Board consented to adjourn 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.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Country Drywall 2000 Corp., 2000 CanLII 1289

J. G. Knight

G. McMenemy

David A. McKee

Board orders representation vote in construction industry certification application, segregating ballots pending related employer determination.

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

The responding parties alleged they are related employers and requested Link-Line Boring Inc. be added as a responding party.

The Board found the applicant to be an affiliated bargaining agent and determined the appropriate bargaining unit.

Finding that not less than forty percent of the individuals in the proposed unit were members of the union, the Board ordered a representation vote to be held, with ballots segregated pending determination of the related employer issue.

International Union of Operating Engineers, Local 793 v. Link-Line Construction Ltd., 2000 CanLII 4266

J. G. Knight

G. McMenemy

David A. McKee

Application withdrawn at the request of the applicant.

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

The Board granted the request and the application was withdrawn.

International Brotherhood of Electrical Workers, Local 894 v. Birnie Electric Limited, 2000 CanLII 5247

J. G. Knight

G. McMenemy

David A. McKee

Representation vote ordered in construction industry certification application; ballot box sealed pending union status determination.

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

The Board found that the applicant appeared to have the requisite 40% membership support in the proposed bargaining unit.

The Board ordered a representation vote to be held, but directed that the ballot box remain sealed pending a determination of the applicant's trade union status in a separate proceeding.

Universal Workers Union, L.I.U.N.A. Local 183 v. Metal Tech Systems Inc., 2000 CanLII 1516

J. G. Knight

G. McMenemy

David A. McKee

Application withdrawn at the request of the applicant.

The applicant requested to withdraw its application.

The Ontario Labour Relations Board noted the request and the application was withdrawn.

Labourers’ International Union of North America, Local 1036 v. Newman Construction Inc., 2000 CanLII 9043

J. Knight

G. McMenemy

David McKee

Representation vote directed in construction industry certification application after employer failed to respond.

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 within the stipulated time.

The Board found that the applicant appeared to have the requisite membership support and directed that a representation vote be taken among the eligible employees in the proposed bargaining unit.

United Brotherhood of Carpenters and Joiners of America v. Veisman Consulting Ltd., 2000 CanLII 8284

J. G. Knight

Inge M. Stamp

G. McMenemy

Application withdrawn with leave of the Board.

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

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

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Cromax Drywall Limited, 2000 CanLII 4307

J. G. Knight

Inge M. Stamp

G. McMenemy

Arrest warrant issued for defaulting witness who failed to appear at construction industry grievance hearing.

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

A defaulting witness failed to appear at the continuation of the hearing despite a previously issued arrest warrant.

The Board issued a new arrest warrant to apprehend the witness and compel his attendance, along with specified employment and payroll records, at the next scheduled hearing date.

Drywall Acoustic Lathing and Insulation Local 675 v. Jean Paul Construction Limited, 2000 CanLII 12783

J. G. Knight

G. McMenemy

David A. McKee

Employer ordered to pay unpaid fringe benefits and costs in default grievance referral proceeding.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer failed to remit fringe benefits required by the collective agreement.

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

Pursuant to the Board's Rules of Procedure, the employer was deemed to have accepted the facts stated in the application.

The Board ordered the employer to pay $28,204.80 in unpaid benefits, plus filing and prosecution costs.

United Brotherhood of Carpenters and Joiners of America Local 2486 v. City Acoustics Limited, 2000 CanLII 1211

J. G. Knight

Inge M. Stamp

G. McMenemy

Practising Law - Employed70 cases1995–2026

Adjournment granted to the applicant.

The applicant requested an adjournment of the matter.

No one appeared for the responding party.

The Board granted the adjournment to April 20, 2000.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investors and Builders Ltd., 2000 CanLII 12711

James Nyman

10 cases1983–2012

Carl Peterson

53 cases1984–2023

Andrea Bowker

J. G. Knight

Inge M. Stamp

G. McMenemy

Board upholds assignment of cooling tower renovation and tear-out work to Carpenters over Labourers.

The applicant Carpenters union filed a jurisdictional dispute complaint regarding the assignment of work by Ecodyne Limited involving the renovation of a cooling tower, specifically the tear out and scrapping of portions of the frame.

The Labourers union claimed the work was demolition and fell under their jurisdiction based on area practice.

The Board found that the work was an upgrading job in the ICI sector, not demolition, and that employer practice, economy, and efficiency supported the assignment to the Carpenters.

The Board upheld the assignment to the Carpenters.

United Brotherhood of Carpenters and Joiners of America, Local 446 v. Ecodyne Limited, 2000 CanLII 13135

J. G. Knight

G. McMenemy

David A. McKee

Default judgment granted against employer for employing non-union workers 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, alleging the responding employer violated the collective agreement by employing 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 responding party to have accepted all facts stated in the application.

The Board declared the employer violated the collective agreement and ordered it to pay $8,966.40 in damages plus filing fees.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Santesso Bros. Iron Works Limited c.o.b. as Columbus Plate Works, 2000 CanLII 6642

Marilyn Silverman

OLRB0 cases2000–2001

J. G. Knight

G. McMenemy

Representation vote directed in construction industry certification application.

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 a trade union and an affiliated bargaining agent.

Based on the membership evidence, the Board determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board defined the appropriate bargaining unit and directed that a representation vote be taken.

Millwrights Union Local 1244, United Brotherhood of Carpenters and Joiners of America v. International Fabricating and Machining, 2000 CanLII 9704

J. G. Knight

G. McMenemy

David A. McKee