G. Pickell

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJun 28, 2001

Representation vote directed in construction industry certification application after responding parties failed to file response.

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

The responding parties failed to file a response.

The Board found that at least forty percent of the individuals in the proposed bargaining unit appeared to be members of the applicant and directed a representation vote.

The determination of the appropriate bargaining unit and issues regarding related employers or sale of a business were deferred until after the vote.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Global Electric & Lighting Inc., 2001 CanLII 13224

Harry Freedman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJun 28, 2001

Grievance allowed in default proceeding after employer failed to respond to union's referral.

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 provincial collective agreement by employing non-union workers or subcontracting to a non-union contractor.

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 bound by the collective agreement, declared a violation, and ordered the payment of damages and statutory costs.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Monac Steel Ltd., 2001 CanLII 14202

Harry Freedman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJun 28, 2001

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

The applicant union applied for certification.

Following a representation vote, not more than 50% of the ballots cast by employees in the bargaining unit were in favour of the applicant.

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

Labourers’ International Union of North America v. Dominion Sheet Metal & Roofing Works, 2001 CanLII 10314

Harry Freedman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJun 27, 2001

Application for certification withdrawn with leave of the Board following a representation vote.

The applicant union sought leave to withdraw its application for certification under the construction industry provisions of the Labour Relations Act, 1995, following a representation vote.

The Ontario Labour Relations Board granted leave to withdraw the application and directed the parties' attention to section 7(10) of the Act regarding the effect on any subsequent applications filed within one year.

Allied Construction Employees, Local 1030 v. Two Star Carpentry Contractors Inc., 2001 CanLII 18871

Marilyn Silverman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJun 21, 2001

Application withdrawn with leave of the Board.

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. Drywall Plus Ltd., 2001 CanLII 10646

Marilyn Silverman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJun 21, 2001

Application adjourned sine die for up to one year upon request of the applicant.

The applicant union requested an adjournment of its application.

The Ontario Labour Relations Board granted the request and adjourned the matter sine die for a period not exceeding one year, noting that it would be deemed terminated if no party requested to proceed within that time.

The International Union of Painters and Allied Trades, District Council 46 (Glaziers Local Union 1819) v. Guildwood Glass Contractors Ltd., 2001 CanLII 9689

Marilyn Silverman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJun 14, 2001

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

The parties requested an adjournment of the jurisdictional dispute application.

The Ontario Labour Relations Board granted the request and 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.

Sheet Metal Workers’ International Association, Local 537 v. E.S. Fox Ltd., 2001 CanLII 9111

Marilyn Silverman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJun 13, 2001

Employer ordered to pay unpaid remittances in default proceeding after failing to respond to grievance referral.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding party employer failed to pay required remittances and contributions.

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 responding party bound by the collective agreement, declared a violation for failure to remit, and ordered payment of damages and filing fees without holding a hearing.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 666 v. Reliance Plumbing & Heating (1998) Ltd., 2001 CanLII 12258

Marilyn Silverman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJun 12, 2001

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

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

The responding party employer failed to file a response within the stipulated time.

Based on the application material, the Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

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

The International Union of Painters and Allied Trades, Local Union 1891 v. Rinlor Construction Ltd. o/a Fischer Drywall & Acoustics, 2001 CanLII 17872

Inge M. Stamp

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJun 11, 2001

Union directed to provide full particulars of its allegations of employer misconduct.

In an application before the Ontario Labour Relations Board, the responding union alleged that the application was sponsored by the employer and that the employer coerced employees.

The intervenor employer requested that the union be ordered to provide full particulars of these allegations.

The Board directed the union to fully particularize its allegations in accordance with Rule 38 of the Board's Rules of Procedure.

Ken Fields v. Teamsters, Chauffeurs, Warehousemen and Helpers Union Local 880, 2001 CanLII 5858

Inge M. Stamp

G. Pickell

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.

The International Union of Painters and Allied Trades, Local 1590 v. Westmount Storefront Systems Ltd., 2001 CanLII 6949

Inge M. Stamp

G. Pickell

G. McMenemy

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

The applicant union filed an application for certification.

Following a representation vote where not more than 50 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 attention of the parties to section 10(3) of the Labour Relations Act, 1995 regarding future applications.

Canadian Union of Skilled Workers v. Powertel Utilities Contractors Limited, 2001 CanLII 18234

Inge M. Stamp

G. Pickell

G. McMenemy

Application adjourned sine die for up to one year at applicant's request.

The applicant requested to adjourn the application sine die.

The Ontario Labour Relations Board granted the request for a period not exceeding one year, after which the matter will be deemed terminated if no party requests to proceed.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Lancia Tile Limited, 2001 CanLII 9444

Inge M. Stamp

G. Pickell

G. McMenemy

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

The applicant union applied for certification.

Following a representation vote directed by the Board, not more than 50 per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

As no statement of desire to make representations was filed, the Board dismissed the application and directed the destruction of the ballots after 30 days.

Canadian Union of Skilled Workers v. Powerline Utility Contractors Inc., 2001 CanLII 18110

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJun 4, 2001

Caroline Rowan

OLRB0 cases1999–2022

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

The applicants and responding party agreed to adjourn the applications sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the applications will be deemed terminated if no request to proceed is made.

Labourers’ International Union of North America, Local 837 v. Bramkal Contractors Inc., 2001 CanLII 19532

M. I. Rotman

6 cases1994–2001

G. Pickell

Caroline Rowan

OLRB0 cases1999–2022

A. Haward

OLRBOntario Labour Relations BoardJun 1, 2001

Employer ordered to pay outstanding remittances and fees after failing to attend grievance referral hearing.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging that the responding party employer failed to make required remittances under the Provincial Collective Agreement.

The responding party did not file a response or attend the hearing.

The Board found that the responding party was bound by the collective agreement and had failed to remit payments for February, March, and April 2001.

The Board ordered the responding party to pay $14,613.04 in outstanding remittances, liquidated damages, and interest, plus $749.00 for the applicant's Board fees.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Atlantic H.V.A.C. Systems Ltd., 2001 CanLII 14318

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardMay 30, 2001

D. L. Gee

OLRB0 cases1994–2001

Board amends previous decision to correct the name of the applicable collective agreement.

The Ontario Labour Relations Board issued a decision amending its previous decision dated May 28, 2001.

The amendment corrected a reference to the 'Painters Provincial ICI Collective Agreement', changing it to the 'Glaziers Provincial ICI Collective Agreement' to accurately reflect the Provincial Agreement between the Architectural Glass & Metal Contractors Association and the International Union of Painters and Allied Trades.

Ivan Dorion v. International Brotherhood of Painters and Allied Trades, 2001 CanLII 14310

G. Pickell

G. McMenemy

Christopher J. Albertyn

OLRBOntario Labour Relations BoardMay 29, 2001

Board orders production of additional documents dating back three years prior to the application.

The applicant union requested an order for the production of additional documents in a construction grievance and related employer application.

The Board directed the responding parties to produce the requested documents dating back to March 11, 1996.

For documents prior to that date, the applicant's counsel was permitted to inspect them at the responding parties' offices and obtain copies at the applicant's expense.

United Brotherhood of Carpenters and Joiners of America, Lake Ontario District Council v. Lardale Construction, 2001 CanLII 10644

G. Pickell

G. McMenemy