G. Pickell

G. Pickell

A. Haward

Employer ordered to pay $50,614.86 for unpaid wages and benefits after failing to appear.

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 response or appear at the hearing.

The Board found that the employer was bound by the Provincial Collective Agreement and had violated it by failing to pay wages to one employee and failing to remit benefit payments for four other employees.

The Board ordered the employer to pay $50,614.86 in damages and collection costs.

United Brotherhood of Carpenters and Joiners of America Local Union No. 1669 v. David Sundmark c.o.b. as David Sundmark Construction, 2001 CanLII 8171

G. Pickell

G. McMenemy

Caroline Rowan

OLRB0 cases1999–2022

Related employer declaration issued with retrospective effect after confirmation that Gaming Control Act registration was not required.

The Union applied for a related employer declaration under s. 1(4) of the Labour Relations Act, 1995.

The Board previously found the responding parties were carrying on associated or related activities but deferred making the declaration until the Union confirmed it did not require registration under the Gaming Control Act, 1992.

The Union provided confirmation from the Alcohol and Gaming Commission that registration was not required.

The Employer requested a postponement pending a reconsideration by the Commission.

The Board declined to postpone, issued the related employer declaration, and found no compelling reasons to limit its retrospective effect, making it effective from April 20, 1999, when the related activities commenced.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. MacIsaac Mining and Tunnelling Company, 2001 CanLII 14958

Harry Freedman

G. Pickell

G. McMenemy

Board amends jurisdictional dispute decision to clarify tending work assignment.

The responding unions requested clarification of the Board's March 21, 2001 decision regarding a jurisdictional dispute over masonry restoration work.

They sought an amendment to reflect that the work assigned to BACU Local 5 was to be tended by members of Labourers' Local 1059.

As the applicant made no submissions in response and no other parties objected, the Board granted the request and amended its previous decision accordingly.

Clifford Restoration Limited v. Brick and Allied Craft Union of Canada, 2001 CanLII 3030

Laura Trachuk

G. Pickell

A. Haward

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.

The Ontario Labour Relations Board consented to adjourn the matter sine die for a period not exceeding one year, after which it will be deemed terminated if neither party requests to proceed.

The International Union of Painters and Allied Trades, (Local Union 1590) v. J.A. MacDonald (London) Ltd., 2001 CanLII 17383

M. A. Nairn

OLRB0 cases1989–2001

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardMay 24, 2001

Union applications withdrawn and dismissed on agreement of the parties.

The applicant union brought applications before the Ontario Labour Relations Board.

On agreement of the parties, the unfair labour practice application was withdrawn and the certification application was dismissed pursuant to section 8.1(5) of the Labour Relations Act, 1995.

United Brotherhood of Carpenters and Joiners of America, Local 27 v. Quality Rugs of Canada Limited, 2001 CanLII 6217

M. A. Nairn

OLRB0 cases1989–2001

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardMay 23, 2001

Application adjourned sine die on consent for a period not exceeding one year.

The parties 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.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Sutherland-Schultz Inc., 2001 CanLII 5595

Harry Freedman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardMay 17, 2001

Grievance referral adjourned sine die on consent of the parties.

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

Having regard to the agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if neither party requested to proceed within one year.

International Union of Operating Engineers, Local 793 v. Lombardi Construction Concrete & Drain, 2001 CanLII 6466

Inge M. Stamp

OLRB0 cases1988–2001

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardMay 14, 2001

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

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. J. P. Rowland Construction Ltd., 2001 CanLII 19524

Harry Freedman

G. Pickell

G. McMenemy

Work assignment application withdrawn by leave of the Board following minutes of settlement.

The applicant union filed an application concerning a work assignment under section 99 of the Labour Relations Act, 1995.

Following an earlier adjournment, the parties entered into minutes of settlement.

The Ontario Labour Relations Board granted leave to withdraw the application pursuant to section 99(2) of the Act.

Ontario Public Service Employees Union v. Timmins and District Hospital, 2001 CanLII 11600

G. Pickell

David A. McKee

OLRB0 cases1999–2001

A. Haward

Union certification granted following a successful representation vote in the construction industry.

The applicant union applied for certification to represent a bargaining unit of tradespersons employed by the responding party in the construction industry.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statements of desire filed, the Ontario Labour Relations Board found the agreed-upon bargaining unit appropriate and ordered that a certificate issue to the applicant.

Construction Workers Local 53, affiliated with Christian Labour Association of Canada v. Fahringer Mechanical Contractors Limited, 2001 CanLII 11308

Harry Freedman

G. Pickell

G. McMenemy

Request for reconsideration dismissed; Board had authority to decide without a hearing and properly considered submissions.

The applicant requested reconsideration of a prior Board decision, arguing that the Board ignored certain submissions regarding the need for a hearing and the application of area practice evidence.

The Board clarified that it had the authority to determine the matter without a hearing or viva voce evidence and had considered and rejected the applicant's submissions.

The Board also noted that the applicant had no established employer practice in the relevant geographic area.

The request for reconsideration was dismissed.

Clifford Restoration Limited v. Brick and Allied Craft Union of Canada, 2001 CanLII 19430

Harry Freedman

G. Pickell

G. McMenemy

Union permitted to withdraw certification application after representation vote; one-year bar may apply.

The applicant union sought leave to withdraw its application for certification after a representation vote had been held and the ballot box sealed.

The Ontario Labour Relations Board granted the request to withdraw pursuant to section 7(8) of the Labour Relations Act, 1995, and noted the potential application of the one-year bar under section 7(10) for any subsequent applications.

Bricklayers, Masons Independent Union of Canada Local 1 v. Res 2000 Structures, 2001 CanLII 11855

Harry Freedman

G. Pickell

G. McMenemy

Grievance referral adjourned sine die on agreement of the parties.

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

On 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.

The International Union of Painters and Allied Trades, District Council 46 v. M. L. Painting & Decorating Ltd., 2001 CanLII 9548

Harry Freedman

G. Pickell

G. McMenemy

Grievance referral adjourned sine die on agreement of the parties.

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

Having regard to the agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if no party requested to proceed within one year.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Ontario Fireproofers Ltd., 2001 CanLII 13329

Harry Freedman

G. Pickell

G. McMenemy

Board sets schedule for submissions on request to clarify decision and confirms undisputed work assignment.

The responding unions requested clarification and an amendment of a previous Board decision, arguing the Board inadvertently failed to deal with tending work claimed by members of Local 1059 in connection with stone masonry restoration work.

The applicant indicated it wished to make further submissions on the issue.

The Board directed the applicant to file its submissions and set a schedule for reply.

Additionally, as no party notified the Registrar of a desire to proceed with the dispute over tending work associated with scaffolding erection, the Board confirmed the assignment of that work.

Clifford Restoration Limited v. Brick and Allied Craft Union of Canada, 2001 CanLII 4171

G. Pickell

David A. McKee

OLRB0 cases1999–2001

A. Haward

OLRBOntario Labour Relations BoardMay 10, 2001

Representation vote ordered in construction industry certification application; ballot box sealed due to section 8.1 notice.

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

The responding party filed a numerically relevant notice under section 8.1, prompting the Board to order the ballot box sealed.

Finding that the applicant appeared to have the requisite membership support, the Board defined the appropriate bargaining unit and directed that a representation vote be held.

The International Union of Painters and Allied Trades, Local Union 1904 v. 1264030 Ontario Inc. c.o.b. Premier Painting Services, 2001 CanLII 6764

G. Pickell

D. L. Gee

OLRB0 cases1994–2001

A. Haward

OLRBOntario Labour Relations BoardMay 10, 2001

Hearing adjourned on consent of the parties.

The applicant brought a grievance against the responding party.

On the agreement of the parties, the Ontario Labour Relations Board adjourned the hearing to June 1, 2001.

Construction Workers Local 52 v. Elta Gas Services Ltd., 2001 CanLII 13175

G. Pickell

David A. McKee

OLRB0 cases1999–2001

A. Haward

OLRBOntario Labour Relations BoardMay 10, 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 Ontario Labour Relations Board found that the applicant had the requisite membership support of at least forty percent in the proposed bargaining unit.

The Board determined the appropriate bargaining unit and directed that a representation vote be held among the eligible employees.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Commercial Mechanical Services Ltd., 2001 CanLII 3719

Harry Freedman

G. Pickell

G. McMenemy