G. McMenemy

G. McMenemy

Caroline Rowan

OLRBOntario Labour Relations BoardSep 21, 2001

Representation vote directed in union certification application for carpenters in Simcoe and Muskoka.

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 that at least forty percent of the individuals in the proposed bargaining unit were members at the time of the application.

The Board directed a representation vote for the bargaining unit of carpenters and carpenters' apprentices in the County of Simcoe and the District Municipality of Muskoka.

The responding party's objection under section 8.1 of the Act regarding the number of individuals in the bargaining unit was deferred to a post-vote hearing, as it did not raise a numerically significant challenge.

Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America v. Adlers Main Tile & Carpet Co. Ltd., 2001 CanLII 15117

Norman L. Jesin

14 cases1983–2003

Joseph Liberman

Suspended Administratively53 cases1980–2001

Bill Hlibchuk

1 case2001–2001

J. G. Knight

G. McMenemy

Caroline Rowan

Preliminary objection on delay partially upheld; relief for continuing grievance limited to 90 days prior to filing.

The employer raised a preliminary objection that the union's construction industry grievance should be dismissed due to delay.

The union filed the grievance in May 2001, alleging the employer used non-union workers for carpentry work on a golf course project starting in June 2000.

The Board found that the union ought to have known about the alleged breaches by August 2000.

The Board held that the grievance was a continuing grievance, meaning the 90-day time limit applied to each repetition of the breach.

The Board declined to exercise its discretion under section 48(16) of the Labour Relations Act to extend the time limits for earlier breaches, as the union failed to provide a reasonable explanation for the delay.

The grievance was permitted to proceed, but relief was limited to violations occurring within 90 days prior to the filing date.

United Brotherhood of Carpenters and Joiners of America, Local Union No. 446 v. 612370 Ontario Inc. c.o.b. as Nu-Con and J.S. Gibbs Contracting Incorporated, 2001 CanLII 3206

J. G. Knight

G. McMenemy

Caroline Rowan

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union filed an application for certification.

Following a representation vote where not more than fifty per cent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board dismissed the application.

The Board directed the parties' attention to section 10(3) of the Act regarding the effect on any subsequent application filed within one year.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. K.C. Ltd., 2001 CanLII 10539

J. G. Knight

G. McMenemy

Caroline Rowan

Application for certification dismissed after no ballots were cast in the representation vote.

The applicant union filed an application for certification.

A representation vote was directed by the Board, but no ballots were cast by employees in the bargaining unit.

As a result, the Board dismissed the application and noted the potential application of the one-year bar under section 10(3) of the Labour Relations Act for any subsequent applications.

The International Union of Painters and Allied Trades, Local Union 1891 v. Marisposa Homes Inc., 2001 CanLII 6683

J. G. Knight

G. McMenemy

Caroline Rowan

Default judgment granted against employer for unpaid wages and vacation pay in construction grievance.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding party failed to pay correct wages and vacation pay to four workers.

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 Board deemed the responding party to have accepted all facts stated in the application.

The Board found the responding party violated the collective agreement and ordered it to pay $2,402.00 in damages, plus $614.00 in costs.

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. 539243 Ontario Ltd., 2001 CanLII 7772

J. G. Knight

Inge M. Stamp

G. McMenemy

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. R.G.L. Drywall Ltd., 2001 CanLII 5890

Norm Jesin

6 cases1995–2001

Nicole Brown

4 cases2001–2009

Liz Keenan

4 cases1991–2001

Frank Godfrey

3 cases2001–2001

Deborah Van Schyndel

3 cases2001–2001

David Watson

22 cases1982–2010

David Cowling

35 cases1993–2017

G. Pickell

G. McMenemy

Christopher J. Albertyn

OLRBOntario Labour Relations BoardSep 19, 2001

Panel recused itself after dispute arose over breach of mediated settlement agreement regarding document production.

The applicant union brought an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

During the proceedings, the panel assisted the parties in reaching Minutes of Settlement regarding the production and copying of documents, which required the applicant to pay $1,000 to each responding party by a specified date.

The applicant defaulted on the payment deadline, prompting the responding parties to seek dismissal of the application.

Because the panel members had been involved in mediating the settlement, they expressed concern about the impact of the dispute on the mediation process and decided to recuse themselves.

The matter was adjourned and referred to the Registrar for assignment to a new panel to determine the consequences of the breach.

United Brotherhood of Carpenters and Joiners of America, Lake Ontario District Council v. Lardale Construction, 2001 CanLII 17222

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardSep 18, 2001

Application for termination of bargaining rights dismissed for lacking proper documentary evidence of employee wishes.

The applicants filed an application for termination of bargaining rights under the Labour Relations Act, 1995.

The application was accompanied by letters and an incomplete section 96 complaint, but lacked documentary evidence indicating that the employees did not wish to be represented by the trade union.

The lists of signatures provided did not reference a desire to terminate bargaining rights and did not disclose the dates they were signed.

The Board dismissed the application for failure to comply with section 63(4) of the Act and Rule 138 of the Board's Rules of Procedure.

Employees Essroc Italcementi Group, Terry Munro v. Teamsters Local 91, 2001 CanLII 9206

J. G. Knight

G. McMenemy

Caroline Rowan

OLRBOntario Labour Relations BoardSep 18, 2001

Representation vote directed 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 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.

The responding party gave notice under section 8.1 of the Act disputing the applicant's estimate of the number of employees, but agreed the ballots should be counted.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Mantor Landscape Limited, 2001 CanLII 16132

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardSep 18, 2001

Union certified to represent plumbers and steamfitters following a successful representation vote.

The applicant trade union applied for certification.

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 issued certificates to the union.

The certificates cover plumbers, steamfitters, and their apprentices employed by the responding party in the industrial, commercial, and institutional sector province-wide, and in all other sectors in the City of Ottawa and the United Counties of Prescott and Russell.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 71 v. Exner Plumbing & Heating Ltd., 2001 CanLII 18572

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardSep 17, 2001

Union certification application dismissed after failing to secure majority in representation vote.

The applicant union filed an application for certification.

A representation vote was held, but the union failed to secure more than 50 per cent of the ballots cast by employees in the bargaining unit.

No statement of desire to make representations was filed.

Consequently, the Ontario Labour Relations Board dismissed the application and directed the parties' attention to section 10(3) of the Act regarding the effect on any subsequent applications filed within one year.

United Brotherhood of Carpenters and Joiners of America, Local 1669 v. Nor-Eng Construction & Engineering Inc., 2001 CanLII 11904

J. G. Knight

G. McMenemy

Caroline Rowan

OLRBOntario Labour Relations BoardSep 17, 2001

Board orders representation vote in construction industry certification application after employer fails 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 is a trade union and that not less than forty percent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

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

International Union of Operating Engineers, Local 793 v. Clean-Fill Inc., 2001 CanLII 3063

Marilyn Silverman

OLRB0 cases2000–2001

J. Knight

G. McMenemy

OLRBOntario Labour Relations BoardSep 17, 2001

Applications withdrawn with leave of the Board.

The applicants in two related Ontario Labour Relations Board matters requested to withdraw their respective applications.

The Board granted leave and both applications were withdrawn.

Operative Plasterers’ Cement Masons’ and Restoration Steeplejacks’ International Association of the United States and Canada, Union Local 598 v. Canadian Building Restoration Limited, 2001 CanLII 15857

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardSep 14, 2001

Application adjourned sine die on consent of the parties.

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

The Board consented to the adjournment, noting that the matter would be deemed terminated if no party requested to proceed within that time.

The International Union of Painters and Allied Trades, Local Union 1494/1590 v. Twins Drywall & Acoustics, 2001 CanLII 4022

Inge M. Stamp

G. Pickell

G. McMenemy

Representation vote directed in certification application with ballots sealed pending resolution of bargaining unit disputes.

The applicant trade union filed an application for certification.

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

The Board directed a representation vote to be held, with ballots to be segregated and the ballot box sealed pending the resolution of disputes regarding the bargaining unit description and whether the responding party is a construction employer.

International Brotherhood of Electrical Workers v. Konecranes Canada Inc. o/a Crane Pro Services, 2001 CanLII 8998

Inge M. Stamp

G. Pickell

G. McMenemy

Board directs representation vote in certification application and orders ballots segregated pending status disputes.

The applicant trade union filed an application for certification.

The Board found that the applicant is a trade union and that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed a representation vote to be taken.

Due to a dispute over the bargaining unit description and whether the employer is a construction employer, the Board ordered that the ballots be segregated and the ballot box sealed.

International Brotherhood of Electrical Workers v. Konecranes Canada Inc. o/a Crane Pro Services, 2001 CanLII 16163

Inge M. Stamp

G. Pickell

G. McMenemy

Application withdrawn with leave of the Board following a memorandum of settlement.

The applicant union sought to withdraw its application following a Memorandum of Settlement dated August 22, 2001.

The Ontario Labour Relations Board granted leave and the matter was withdrawn.

United Brotherhood of Carpenters and Joiners of America, Local 1669 v. Nor Eng Construction & Engineering Inc., 2001 CanLII 6960

Inge M. Stamp

G. Pickell

G. McMenemy

Representation vote ordered in certification application, with ballots sealed pending determination of construction employer status.

The applicant trade union filed an application for certification.

The Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken.

Due to a dispute over the geographic scope of the bargaining unit and a pending issue in a related file regarding whether the employer is a construction employer, the Board ordered that disputed ballots be segregated and the ballot box sealed until further order or agreement of the parties.

International Brotherhood of Electrical Workers v. Konecranes Canada Inc. o/a Crane Pro Services, 2001 CanLII 18851

J. G. Knight

Inge M. Stamp

G. McMenemy