G. Pickell

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardSep 21, 2000

Consent order issued declaring the employer bound by the collective agreement and ordering payment of damages.

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

Prior to the scheduled hearing, the parties reached a settlement and requested a consent order.

The Board issued declarations that the responding party is bound by the collective agreement and violated its terms.

The Board ordered the responding party to pay $1,175.72 in damages to the applicant as full and final settlement for the violations.

Labourers’ International Union of North America, Local 506 v. Teperman and Sons (Canada) Limited, 2000 CanLII 7941

Harry Freedman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardSep 20, 2000

Grievance referral paused; applicant ordered to provide valid contact info for responding party or face dismissal.

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

The Board attempted to send the Confirmation of Filing and Notice of Hearing to the responding party by facsimile and courier using the contact information provided by the applicant, but both attempts failed.

The Board directed the applicant to provide a valid address or facsimile number for the responding party within 10 days, failing which the application would be dismissed.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall Concord Ltd., 2000 CanLII 10345

Harry Freedman

G. Pickell

A. Haward

Grievance referral withdrawn at the request of the applicant.

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

The Board granted the request and the referral was withdrawn.

International Brotherhood of Electrical Workers, Local 894 v. Bennett & Wright Group Inc., 2000 CanLII 9781

G. Pickell

G. McMenemy

Caroline Rowan

OLRB0 cases1999–2022

Board issued procedural directions for filing submissions on a request for reconsideration.

The responding parties requested reconsideration of the Board's decision dated August 3, 2000.

The Board directed the union to file a response to the request within 15 days, and allowed the responding parties 5 days thereafter to file any reply submissions.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. MacIsaac Mining and Tunneling Company, 2000 CanLII 9797

Inge M. Stamp

G. Pickell

G. McMenemy

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

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, District Council 46 (Local 1891) v. Peelco Construction Services Ltd., 2000 CanLII 9586

Harry Freedman

G. Pickell

A. Haward

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.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. Don Copeland c.o.b. as Copeland Subcontracting, 2000 CanLII 1753

S. B. D. Wahl

154 cases1980–2001

Harold F. Caley

51 cases1980–2003

Frank O'Reilly

3 cases1993–2000

Carl Peterson

53 cases1984–2023

Inge M. Stamp

G. Pickell

A. Haward

Employer's assignment of stadium seat removal to a composite crew of carpenters and labourers upheld.

The Carpenters and Labourers unions disputed the assignment of work involving the dismantling and removal of seats from the North Grandstand of Exhibition Stadium prior to its demolition.

The employer had assigned the work to a composite crew of approximately 60% labourers and 40% carpenters.

The Labourers claimed exclusive jurisdiction based on a collective agreement appendix covering maintenance and repair of seating in the Stadium.

The Board found that the appendix applied to an operating venue, not demolition, and upheld the employer's assignment to a composite crew as reasonable and consistent with the practice in the rest of Exhibition Place.

Carpenters and Allied Workers Local 27 v. Labourers’ International Union of North America, Local 506, 2000 CanLII 11915

Harry Freedman

G. Pickell

G. McMenemy

Request for adjournment and extension of time dismissed where responding party retained counsel at the last minute.

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

One of the responding parties, Westboro, failed to file a response within the prescribed time.

Less than two weeks before the scheduled hearing, Westboro retained counsel, who requested an extension of time to file a response, an extension to comply with a production order, and an adjournment of the hearing.

The Board dismissed the requests, finding that Westboro had more than adequate time to retain counsel since receiving notice of the application months earlier, and that a responding party cannot wait until the last moment to retain counsel and expect the Board to delay the hearing.

Drywall Acoustic Lathing and Insulation Local 675 v. R.J. Wilcox Partitions & Ceiling Systems Inc., 2000 CanLII 7353

Harry Freedman

G. Pickell

G. McMenemy

Representation vote directed in construction industry certification application; ballot box sealed pending employer identity determination.

The applicant 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 within the stipulated time.

The Board found that the applicant appeared to have the requisite membership support and directed that a representation vote be taken among the employees in the proposed voting constituency.

The Board ordered the ballot box sealed pending determination of the employer's identity and existing bargaining rights.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Breton Park (Collegeway) Contractors Inc., 2000 CanLII 6307

M. A. Nairn

OLRB0 cases1989–2001

G. Pickell

G. McMenemy

Application adjourned sine die on consent of the parties.

The applicant brought an application before the Ontario Labour Relations Board.

On the agreement of the parties, the Board consented 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.

Millwright Regional Council of Ontario v. Mainway Industrial Installations, 2000 CanLII 8531

Harry Freedman

G. Pickell

G. McMenemy

Applications adjourned sine die on consent of the parties.

The parties agreed to adjourn the applications sine die.

The Ontario Labour Relations Board ordered the adjournment, noting that the applications would be deemed terminated if neither party requested to proceed within one year.

United Brotherhood of Carpenters and Joiners of America, Local 3054 v. Twin Trim Manufacturing Inc., 2000 CanLII 9580

Harry Freedman

G. Pickell

G. McMenemy

Hearing adjourned on consent of the parties to a newly scheduled date.

The Board previously dismissed a responding party's request for an adjournment of a scheduled hearing.

Subsequently, the applicant's counsel advised the Board that they had agreed to the adjournment on the conditions that a subpoena be accepted and the matter be rescheduled to October 6, 2000.

The Board, noting the availability of the requested date, granted the adjournment and rescheduled the hearing.

Drywall Acoustic Lathing and Insulation Local 675 v. R.J. Wilcox Partitions & Ceiling Systems Inc., 2000 CanLII 7022

Harry Freedman

G. Pickell

G. McMenemy

Union's request for pre-hearing production of documents dismissed as premature.

The applicant union sought an order for pre-hearing production of particulars and documents in an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The responding parties argued the request was premature as they were given less than a day to respond before the applicant sought a Board order.

The Board noted that while sections 1(5) and 69(13) require responding parties to adduce relevant facts at the hearing, they do not oblige them to create documents or answer questions prior to the hearing.

However, relevant existing documents must be produced under Rule 86.

The Board dismissed the applicant's request as premature, without prejudice to renewing it if documents were not produced by a specified date.

Ontario Pipe Trades Council, Local 46 v. Marman Mechanical Inc., 2000 CanLII 6760

Harry Freedman

G. Pickell

G. McMenemy

Employer's request to be removed as a responding party in a jurisdictional dispute dismissed.

The employer, On-Site Group Inc., requested to be removed as a responding party in two work assignment complaints filed by the Ironworkers union.

The employer argued the dispute was a long-standing jurisdictional issue between two unions beyond its control.

The Board dismissed the request, finding that because the employer assigned and performed the disputed work, it was a directly affected person and a proper responding party.

The Board noted the employer could choose whether or not to participate by filing a response.

International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local 736 v. The On-Site Group Inc., 2000 CanLII 8506

Inge M. Stamp

G. Pickell

G. McMenemy

Employer ordered to post $50,000 bond for delinquent contributions after failing to respond to grievance.

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 post a $50,000 bond for repeated late payment of contributions, as required by the provincial collective agreement.

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

Proceeding in default, the Board deemed the facts in the application accepted, declared the employer in violation of the collective agreement, and ordered the employer to post the required bond and pay costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investors and Builders Ltd., 2000 CanLII 7717

Inge M. Stamp

G. Pickell

G. McMenemy

Employer ordered to post $50,000 bond for delinquent contributions in default grievance arbitration.

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 post a $50,000 bond for delinquent benefit contributions as required by the collective agreement.

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

Proceeding by default, the Board accepted the applicant's allegations as true, declared the employer in violation of the collective agreement, and ordered the employer to post the required bond and pay costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Eastpark Interiors, 2000 CanLII 6640

Inge M. Stamp

G. Pickell

G. McMenemy

Default decision ordering delinquent employer to post a $50,000 bond for late benefit contributions.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding party employer failed to post a $50,000 bond after being deemed a delinquent employer for late benefit contributions.

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

Proceeding by default, the Board accepted the applicant's allegations as true, declared the responding party bound by the collective agreement, found a violation of the agreement, and ordered the responding party to post the bond and pay costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Continental Acoustics & Drywall Inc., 2000 CanLII 9181

Inge M. Stamp

G. Pickell

G. McMenemy

Default judgment ordering delinquent employer to post a $50,000 bond for benefit contributions.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding employer failed to post a $50,000 bond as required by the collective agreement for repeated delinquencies in benefit contributions.

The responding party failed to file a response.

Proceeding by default, the Board accepted the applicant's allegations, declared the employer in violation of the collective agreement, and ordered the employer to post the bond and pay costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall Concord Ltd., 2000 CanLII 9131

Harry Freedman

G. Pickell

G. McMenemy