G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardOct 6, 2000

Hearing adjourned and matter referred to Registrar for rescheduling pursuant to parties' Memorandum of Agreement.

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

The parties filed a Memorandum of Agreement.

The Ontario Labour Relations Board adjourned the scheduled hearing and referred the matter to the Registrar to be rescheduled in accordance with the terms of the Memorandum of Agreement.

Teamsters Local Union No. 230 v. Costa Earthmoving Inc., 2000 CanLII 9617

P. Daly

1 case2000–2000

Norman L. Jesin

14 cases1983–2003

Donna M. D’Andrea

8 cases2000–2017

Harry Freedman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardOct 3, 2000

Certification hearing adjourned to be listed with forthcoming related employer application after witness testimony contradicted submissions.

In an application for certification in the construction industry, a dispute arose regarding the identity of the employer.

During the hearing, testimony from the responding party's witness contradicted its earlier written submissions regarding its relationship with the construction contractor.

Consequently, the applicant indicated its intention to file a related employer application under section 1(4) of the Labour Relations Act, 1995.

The Board adjourned the hearing and referred the matter to the Registrar to be listed together with the forthcoming section 1(4) application.

Carpenters and Allied Workers Local 27 v. 3576698 Canada Inc., 2000 CanLII 10263

Laura Trachuk

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardOct 2, 2000

Board incorporates Minutes of Settlement and schedules hearing to determine quantum of damages for collective agreement violations.

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

The parties entered into Minutes of Settlement.

The Board issued declarations incorporating the settlement, confirming a subpoena remains binding, and directing that the sole issue for the upcoming hearing is the amount of additional monies owing for collective agreement violations.

Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America v. 1328156 Ontario Limited and Resici Group Inc., 2000 CanLII 10366

Steve Cronright

1 case2000–2000

Rod Pollock

2 cases2000–2001

Robert N. Singer

3 cases2000–2001

Rick Currie

7 cases1995–2001

M. Patrick Moran

36 cases1982–2011

J. Raso

19 cases1992–2001

John Moszynski

71 cases1986–2017

Ameena Sultan

In Private Practice5 cases2000–2012

John Morgan Lewis

OLRB0 cases1999–2001

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardSep 29, 2000

Consent adjournment granted by the Ontario Labour Relations Board.

The Ontario Labour Relations Board granted a consent adjournment of the matter to February 26, 2001.

Ontario Sheet Metal Workers’ & Roofers’ Conference, Sheet Metal Workers’ International Association, Local 269 v. T. A. Andre & Sons (Ontario) Ltd., 2000 CanLII 2478

Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardSep 29, 2000

Certificate issued to applicant union following successful representation vote in construction industry bargaining unit.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board ordered that a certificate issue to the applicant for the specified construction industry bargaining unit.

Allied Construction Employees, Local 1030, United Brotherhood of Carpenters and Joiners of America v. T. F. Structures Group Inc., 2000 CanLII 8233

Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardSep 29, 2000

Board orders employer to post $10,000 bond for delinquent benefit remittances in default grievance proceeding.

The applicant referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding party failed to post a bond for delinquent benefit plan remittances as required by the collective agreement.

The responding party failed to file a response.

Proceeding by default, the Board accepted the applicant's facts, declared the responding party in violation of the collective agreement, and ordered it to post a $10,000 bond and pay costs.

United Brotherhood of Carpenters and Joiners of America, Local 1256 v. City Acoustics Limited, 2000 CanLII 9143

Daniel Randazzo

15 cases1993–2001

Inge M. Stamp

OLRB0 cases1988–2001

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardSep 28, 2000

Employer committed unfair labour practice by threatening closure; second representation vote ordered.

The union applied for certification and filed an unfair labour practice complaint, alleging the employer threatened to close its business if the union was certified.

The employer did not appear at the hearing.

The Board accepted the union's uncontradicted evidence that the employer told employees he would close the doors if the union got in, which caused the union to lose the initial representation vote.

The Board found the employer violated sections 70, 72(a), 72(c), and 76 of the Labour Relations Act, 1995.

The Board ordered a second representation vote and directed the employer to post a notice of employees' rights.

Labourers’ International Union of North America, Local 527 v. Azores Concrete Ltd., 2000 CanLII 10721

Inge M. Stamp

OLRB0 cases1988–2001

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardSep 28, 2000

Grievance referral adjourned sine die pending completion of settlement.

The applicant union advised the Board that the parties reached a settlement in the grievance referral.

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.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 508 v. E.S. Fox Ltd., 2000 CanLII 6011

Marilyn Silverman

G. Pickell

G. McMenemy

Default judgment granted against employer for unpaid collective agreement contributions.

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

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 violated the collective agreement and ordered payment of $699.03 in damages plus $214.00 for filing fees.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investors and Builders Ltd., 2000 CanLII 8262

Harry Freedman

G. Pickell

G. McMenemy

Application adjourned sine die on consent of the parties.

The applicant union filed an application against the responding parties.

On the agreement of the parties, the Ontario Labour Relations Board adjourned the application sine die and waived the parties' obligation to file representations unless the application proceeds.

The application will be deemed terminated if neither party requests to proceed within one year.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Breton Park (Collegeway) Contractors Inc. and Granite Gate II Development Inc., 2000 CanLII 6473

Marilyn Silverman

G. Pickell

G. McMenemy

Employer ordered to pay unpaid union contributions in default judgment on construction industry grievance.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to remit contributions and deductions.

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 provincial collective agreement and ordered it to pay $11,797.52 in unpaid contributions, plus costs and filing fees.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Country Drywall 2000 Corp., 2000 CanLII 8923

Marilyn Silverman

G. Pickell

G. McMenemy

Board grants default judgment against employer for unpaid union contributions and deductions.

The applicant referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding party failed to remit contributions and deductions.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Proceeding by default, the Board accepted the applicant's allegations as true, declared the responding party bound by the provincial collective agreement, and ordered it to pay $19,474.96 in damages plus costs.

Drywall Acoustic Lathing and Insulation Local 675 v. Eastpark Drywall, 2000 CanLII 6645

Marilyn Silverman

G. Pickell

G. McMenemy

Default judgment granted against employer for unpaid union contributions and deductions.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding employer failed to make required contributions and deductions under the collective agreement.

The responding party failed to file a response or 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 employer bound by the collective agreement, found it had failed to make the required payments, and ordered it to pay $8,641.40 in damages plus filing fees.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. East Park Interior, 2000 CanLII 9904

Marilyn Silverman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardSep 25, 2000

Employer found liable for collective agreement violations after failing to respond to grievance referral.

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

The responding employer failed to file a Request for Hearing and Notice of Intent to Defend within the required time.

Pursuant to the Board's Rules of Procedure, the Board deemed the employer to have accepted all facts stated in the application.

The Board declared that the employer was bound by the collective agreement and had violated it by employing non-union members and failing to pay correct wages.

A hearing was scheduled to assess damages.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Donald Construction Limited, 2000 CanLII 2606

Harry Freedman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardSep 25, 2000

Union's request for reconsideration to expand the temporal scope of a document production order dismissed.

The applicant union sought reconsideration of a previous Board decision that ordered the responding parties to produce business records for a specific time period.

The applicant argued that new evidence regarding the illness of the principal of Maran Ceramic Tiles Inc. justified expanding the temporal scope of the production order.

The Board found that the new evidence did not warrant a change to the production order, as the core issues revolved around the relationship between the responding parties after the incorporation of Mega City Tiling.

The Board concluded that the marginal utility of further disclosure was outweighed by the burden it would impose, and dismissed the request for reconsideration.

Brick and Allied Craft Union of Canada, Local 31 v. 1249762 Ontario Inc. o/a Mega City Tiling, 2000 CanLII 6408

Marilyn Silverman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardSep 22, 2000

Default judgment on grievance referral denied pending determination of applicant's successor trade union status.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, requesting determination without a hearing as the responding party failed to file a Notice of Intent to Defend.

The applicant also requested a declaration of successor trade union status to Local 597.

The Board declined to grant default judgment, noting that a separate application concerning successor status was pending before another panel, and jurisdiction over the job site lay with Local 597.

The matter was deferred to a scheduled hearing.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Whitby Concrete Finishing Ltd., 2000 CanLII 6614

Marilyn Silverman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardSep 22, 2000

Employer found liable for unpaid union dues and benefit contributions in default grievance proceeding.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding employer failed to remit benefit contributions and union dues as required by the collective agreement.

The responding employer failed to file a response or notice of intent to defend.

Pursuant to the Board's Rules of Procedure, the Board deemed the employer to have accepted all facts stated in the application.

The Board declared that the employer was bound by the collective agreement and had violated it by failing to make the required remittances.

The issue of damages was deferred to a scheduled oral hearing.

The International Union of Painters and Allied Trades, District Council 46 (Local 1891) v. Aspen Drywall Inc., 2000 CanLII 10581

Marilyn Silverman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardSep 22, 2000

Representation vote ordered 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 appeared to have the requisite membership support and determined the appropriate bargaining unit.

The Board ordered a representation vote to be held, noting that the responding party's assertion that the individuals were independent contractors rather than employees could be raised at a hearing after the vote.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Barit Construction Ltd., 2000 CanLII 6949

G. Pickell

G. McMenemy