G. McMenemy

J. Knight

G. McMenemy

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. City Acoustics Limited, 2000 CanLII 11081

Mary Ellen Cummings

J. Knight

G. McMenemy

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application.

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. Interac Contractors Inc., 2000 CanLII 9611

John Morgan Lewis

J. G. Knight

G. McMenemy

Grievance and jurisdictional dispute withdrawn following parties' agreement on work assignments.

The parties reached an agreement during the hearing of a grievance referral and a jurisdictional dispute concerning work assignments at the Westcast Foundry.

The agreement delineated the specific trench digging and backfilling work assigned to LIUNA Local 1059 and IBEW Local 120.

Based on this agreement, LIUNA Local 1059 withdrew its grievance, and the Board granted leave to withdraw both applications.

Labourers International Union of North America, Local 1059 v. Comstock Canada Ltd., 2000 CanLII 4975

Mary Ellen Cummings

J. Knight

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 party requests to proceed.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Industry Drywall Systems Ltd., 2000 CanLII 7219

J. G. Knight

Inge M. Stamp

G. McMenemy

Default judgment for late payment damages denied as applicant failed to cite collective agreement provisions.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, seeking late payment damages and filing fees.

The responding party failed to file a Request for Hearing, and the applicant requested a default judgment without a hearing.

The Board declined to issue a default judgment because the applicant failed to specify the relevant articles of the collective agreement under which it claimed damages and interest.

The matter was directed to proceed to a scheduled hearing.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Associated Mechanical Trades Inc., 2000 CanLII 12531

G. Pickell

G. McMenemy

David A. McKee

Board corrects typographical error in previous decision regarding statutory authority for costs order.

The Ontario Labour Relations Board issued a decision to correct a typographical error in its previous decision dated February 25, 2000.

The Board clarified that the correct statutory authority for the costs order made against the non-participating party is subsection 133(13) of the Labour Relations Act, rather than subsection 133(14).

Labourers’ International Union of North America, Local 183 v. Osler Paving Ltd., 2000 CanLII 8142

G. Pickell

G. McMenemy

David A. McKee

Board corrects typographical error in previous decision regarding statutory authority for costs.

The Ontario Labour Relations Board issued a decision to correct a typographical error in its previous decision dated February 25, 2000.

The Board noted that paragraph 4 of the previous decision incorrectly referred to subsection 133(14) of the Act instead of subsection 133(13), which provides the authority to order a non-participating party to pay fees.

Labourers’ International Union of North America, Local 183 v. Select Concrete & Drain Inc., 2000 CanLII 6469

J. G. Knight

Inge M. Stamp

G. McMenemy

Grievance referral adjourned sine die on consent of the parties.

The parties consented to adjourn the grievance referral sine die.

The Board granted the adjournment for a period not exceeding one year, after which the application will be deemed terminated if no request to proceed is made.

Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America v. E. Belluz & Sons Tile & Marble, 2000 CanLII 12447

G. Pickell

G. McMenemy

David A. McKee

Board corrects typographical error in previous decision regarding statutory authority for costs order.

The Ontario Labour Relations Board issued a decision to correct a typographical error in a previous decision dated February 25, 2000.

The correction clarified that the statutory authority for the costs order made against the non-participating responding party was subsection 133(13) of the Labour Relations Act, rather than subsection 133(14).

Labourers’ International Union of North America, Local 183 v. 517739 Ontario Limited o/a Rolan Plumbing, 2000 CanLII 8669

J. G. Knight

Inge M. Stamp

G. McMenemy

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 matter will be deemed terminated if no request to proceed is made.

Carpenters & Allied Workers Local 27 v. Carosi Construction Ltd., 2000 CanLII 3470

J. G. Knight

Inge M. Stamp

G. McMenemy

Grievance referral terminated following settlement between the parties.

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

Prior to a hearing, the applicant's counsel advised the Ontario Labour Relations Board that the parties had settled the grievance.

The Board accordingly terminated the matter.

United Brotherhood of Carpenters and Joiners of America, Local 2041 v. B.J. Normand Ltd., 2000 CanLII 3330

J. G. Knight

Inge M. Stamp

G. McMenemy

Applications withdrawn with leave of the Board.

The applicant union requested to withdraw its applications against the responding parties.

The Ontario Labour Relations Board granted leave and the applications were withdrawn.

International Union of Bricklayers and Allied Craftworkers, Local 20 v. Maple Leaf Construction, 2000 CanLII 3299

Mary Ellen Cummings

J. Knight

G. McMenemy

Arrest warrant issued for witness who failed to attend construction grievance hearing after being summoned.

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

When the responding party failed to appear at the scheduled hearing, the applicant requested an arrest warrant for a principal of the responding party who had been properly served with a summons and conduct money.

The Board found that the witness's presence and documents were material to the ends of justice.

Pursuant to its powers under the Labour Relations Act, 1995, the Board issued an arrest warrant to compel the witness's attendance at the continuation of the hearing.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Jean Paul Construction Limited, 2000 CanLII 10812

M. A. Nairn

J. G. Knight

G. McMenemy

Grievance referral withdrawn with leave of the Board on agreement of the parties.

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

Having regard to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the matter.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Gorbern Mechanical Contractors Ltd., 2000 CanLII 7626

M. A. Nairn

J. G. Knight

G. McMenemy

Board directed applicant to clarify position on default proceedings after parties agreed to extend filing deadline.

The applicant union referred a construction industry grievance to the Board and subsequently requested an extension of time for the responding party to file its Request for Hearing and Notice of Intent to Defend/Participate (Form A-87).

The Board noted that an applicant cannot unilaterally relieve a responding party from the mandatory filing requirements and fees under the Rules.

To avoid default proceedings while accommodating the parties' agreement, the Board directed the applicant to withdraw its request for a default proceeding, giving the applicant until March 6, 2000, to clarify its position.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada v. Honeywell Limited, 2000 CanLII 13093

M. A. Nairn

J. G. Knight

G. McMenemy

Proceedings terminated following settlement between the parties.

The applicant and responding party advised the Ontario Labour Relations Board that they had entered into a settlement.

At the request of the parties, the Board terminated the proceedings.

Masonry Council of Unions Toronto and Vicinity v. Triple Canon Corporation cob Baymond Homes/Orchard Park Estates, 2000 CanLII 2562

M. A. Nairn

J. G. Knight

G. McMenemy

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

The applicant requested to withdraw the matters.

The Ontario Labour Relations Board granted the request and the matters were withdrawn with leave of the Board.

Iron Workers District Council of Ontario v. Eram Steel Contracting Inc., 2000 CanLII 9544

M. A. Nairn

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMar 2, 2000

Request for default judgment in construction industry grievance denied; matter to proceed to hearing.

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

The responding party failed to file a Request for Hearing and Notice of Intent to Defend, prompting the applicant to request a default judgment.

The Board reviewed the file and declined to issue the requested default judgment based on the material filed.

The matter was ordered to proceed to the scheduled hearing.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Urban Mechanical Contracting Ltd., 2000 CanLII 12501

M. A. Nairn

J. G. Knight

G. McMenemy