G. McMenemy

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardOct 26, 2001

Representation vote ordered in union certification application for construction industry employees.

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 is a trade union and that not less than forty per cent of the individuals in the proposed bargaining unit appeared to be members.

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

International Union of Operating Engineers, Local 793 v. Diamond Stonebridge Contracting Inc., 2001 CanLII 11569

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardOct 26, 2001

Representation vote ordered in construction industry certification application.

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 is a trade union and an affiliated bargaining agent.

Based on the membership evidence filed, the Board was satisfied that at least forty per cent of the individuals in the proposed bargaining unit appeared to be members of the applicant.

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

International Union of Operating Engineers, Local 793 v. Diamond Stonebridge Contracting Inc., 2001 CanLII 19495

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardOct 26, 2001

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.

Satisfied 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 among the eligible employees.

Labourers’ International Union of North America, Local 1059 v. Terra Infrastructure Inc., 2001 CanLII 14039

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardOct 25, 2001

Board refers union certification issues to hearing and allows employer participation despite late response.

The applicant union filed two applications for certification in the construction industry.

The responding party employer failed to file a timely response in one application but asserted in both that it had no employees in the bargaining unit on the application dates.

The Carpenters union intervened.

The Board dismissed the applicant's objection to the employer's participation despite the late response, finding no prejudice.

The Board also found the employer's section 8.1 notice irrelevant since it claimed to have zero employees.

The Board referred the remaining issues, including the intervenor's standing and the employment status of the workers, to a hearing.

Labourers’ International Union of North America v. Wittmer Construction Services Inc., 2001 CanLII 17475

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardOct 25, 2001

Grievance referral adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if no request to proceed was made within one year.

Labourers’ International Union of North America, Local 837 v. Con-Drain Company (1983) Limited, 2001 CanLII 4887

Laura Trachuk

J. G. Knight

G. McMenemy

Hearing adjourned on consent and rescheduled.

The parties agreed to adjourn the hearing scheduled for October 24, 2001.

The Board rescheduled the hearing for November 7, 2001.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. M & M System Interior, 2001 CanLII 10493

J. G. Knight

Harry Freedman

G. McMenemy

Default judgment granted against employer for collective agreement violations regarding non-union subcontracting.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding party violated the collective agreement by subcontracting work to non-union employers and employing non-union members.

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 declared the responding party bound by the collective agreement, found it in violation, and ordered it to pay $21,360.00 in damages and $214.00 in costs.

Sheet Metal Workers’ International Association, Local 30 v. Dufferin Roofing Limited, 2001 CanLII 3049

Laura Trachuk

J. G. Knight

G. McMenemy

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

The applicant requested to withdraw its applications.

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

International Union of Operating Engineers, Local 793 v. G. C. Rentals and Enterprises Ltd., 2001 CanLII 3981

Laura Trachuk

J. G. Knight

G. McMenemy

Hearing adjourned on consent of the parties.

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

The Ontario Labour Relations Board granted the adjournment on consent.

Universal Workers Union, L.I.U.N.A. Local 183 v. Vanbots Construction Corporation, 2001 CanLII 10813

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral withdrawn at the request of the applicant.

The applicant requested to withdraw its referral of a grievance to the Ontario Labour Relations Board.

The Board granted the request and the referral was withdrawn.

Sheet Metal Workers’ International Association, Local 30 v. Servocraft Limited, 2001 CanLII 4303

Lisa S. Goodfellow

7 cases1999–2016

Laura Trachuk

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardOct 23, 2001

Consent order issued declaring employer bound by the 1993 collective agreement following settlement.

The applicant union and responding party employer reached a settlement regarding a grievance.

The parties requested a consent order from the Board.

The Board issued a declaration that the responding party is and remains bound by the full terms and conditions of the collective agreement entered into on October 27, 1993.

The application was terminated.

International Union of Operating Engineers, Local 793 v. Lombardi Construction Concrete and Drain, 2001 CanLII 14658

Laura Trachuk

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 22, 2001

Board issues consent order settling related employer and successor rights applications.

The parties reached a settlement regarding applications for related employer and successor rights declarations, as well as a grievance referral.

The Board issued a consent order dismissing the related employer and successor rights applications, declaring Maran Ceramic Tiles Inc. bound to the Bricklayers Provincial Collective Agreement, and allowing the withdrawal of the grievance referral.

The International Union of Bricklayers and Allied Craftworkers, Local 31 v. 1249762 Ontario Inc. o/a Mega City Tiling, 2001 CanLII 16795

J. G. Knight

Harry Freedman

G. McMenemy

Board issues consent order for $10,371.08 in construction industry grievance.

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

Prior to the hearing, the parties entered into a Memorandum of Agreement acknowledging that the responding party was bound by the collective agreement and had violated its terms.

The Board issued a consent order directing the responding party to pay $10,371.08 in damages, including unpaid wages.

United Brotherhood of Carpenters and Joiners of America, Local 18 v. Scott Harvey Carpentry, 2001 CanLII 3025

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if no request to proceed was made within one year.

International Union of Painters & Allied Trades, Local 114, Glaziers v. Trent Glass Limited, 2001 CanLII 15332

J. G. Knight

G. McMenemy

D. L. Gee

Board finds responding party liable for collective agreement violations in default proceeding.

The applicant referred a 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/Participate within the required time.

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 found the responding party bound to the Provincial Agreement and declared it had violated the agreement.

A hearing was scheduled to determine damages.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. M & M System Interior, 2001 CanLII 20011

J. G. Knight

G. McMenemy

D. L. Gee

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 sine die.

The 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.

International Union of Operating Engineers, Local 793 v. L.T.L. Contracting Ltd., 2001 CanLII 6153

J. G. Knight

G. McMenemy

D. L. Gee

Board amends previous decision to clarify purpose of upcoming damages hearing.

The Ontario Labour Relations Board issued a brief decision amending paragraph 12 of its October 19, 2001 decision.

The amendment clarified that the hearing scheduled for October 24, 2001, would proceed for the purpose of determining the amount of damages owing to the applicant by the responding party.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. M & M System Interior, 2001 CanLII 12087

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardOct 18, 2001

Board issues consent order for $25,000 in damages for failure to employ union members.

The applicant union referred a grievance to the Board for final and binding determination.

Prior to the hearing, the parties entered into Minutes of Settlement.

Pursuant to the settlement and section 133 of the Labour Relations Act, 1995, the Board declared the responding party bound by the collective agreement and found it had violated the agreement by failing to employ union members.

The Board ordered the responding party to pay $25,000 in damages to the applicant.

Labourers’ International Union of North America, Local 506 v. Eagle Ornamental Precast Ltd., 2001 CanLII 14516

J. G. Knight

G. McMenemy

Christopher J. Albertyn