G. Pickell

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardAug 15, 2000

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application.

The Ontario Labour Relations Board granted leave to withdraw the application.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Strap Drywall & Acoustics Systems Limited, 2000 CanLII 4716

Mary Ellen Cummings

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardAug 15, 2000

Employer found liable by default for employing non-union members; ordered to produce payroll records.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding employer violated the collective agreement by employing non-union members at a specific job site.

The employer failed to file a response.

The Board proceeded by default, finding the employer bound by the collective agreement and in violation of it.

The Board ordered the employer to produce payroll records for the specific job site to allow the union to assess damages, but declined to order production for all bargaining unit work.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. James Elliott Underground Construction Inc., 2000 CanLII 4986

Mary Ellen Cummings

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardAug 14, 2000

Grievance referral granted on default; employer ordered to pay unpaid allowances and remittances.

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

The responding party employer 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 violated the collective agreement by failing to pay travel allowances and make timely remittances, and ordered payment of $12,180.60.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. All Systems Inc., 2000 CanLII 4178

Mary Ellen Cummings

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardAug 14, 2000

Union granted certification for a bargaining unit of carpenters and apprentices following a successful representation vote.

The applicant union applied for certification in the construction industry for a bargaining unit of carpenters and carpenters' apprentices employed by the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board found the bargaining unit appropriate and ordered that a certificate issue to the applicant.

Labourers’ International Union of North America v. Azor Woodworking Ltd., 2000 CanLII 6021

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.

Labourers’ International Union of North America, Local 1036 v. Eton Construction Canada Inc., 2000 CanLII 3094

Harry Freedman

G. Pickell

A. Haward

Board deferred document production order pending responding parties' response to the request.

The applicant union requested an order for the production of documents in advance of a scheduled hearing for related employer and sale of business applications, as well as a grievance referral.

The Board noted that the applicant had not apparently requested the documents from the responding parties before seeking the order.

The Board directed the responding parties to file a list of documents they are prepared to produce and reasons for any refusals, after which the Board will determine the matter.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. M.R.H. Interiors Ltd. and B.L.T., 2000 CanLII 8164

Arthur M. Barat

9 cases2000–2009

Harry Freedman

G. Pickell

A. Haward

Board orders pre-hearing production of documents but declines to compel answers to questions in related employer application.

The applicant union sought an order compelling the responding parties to provide particulars and documents in advance of a hearing concerning related employer and sale of business applications under sections 1(4) and 69 of the Labour Relations Act, 1995.

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

However, the Board directed the responding parties to produce existing relevant documents for inspection by the applicant's counsel prior to the hearing, in accordance with Rule 86 of the Board's Rules of Procedure.

International Union of Bricklayers and Allied Craftworkers, Local 6 v. Marathon-Delco Inc., 2000 CanLII 8327

Timothy W. Sargeant

OLRB0 cases1997–2001

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 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.

United Brotherhood of Carpenters and Joiners of America, Local 1946 v. Mr. Submarine Limited, 2000 CanLII 7036

Timothy W. Sargeant

OLRB0 cases1997–2001

G. Pickell

A. Haward

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 granted the consent adjournment for a period not exceeding one year, after which the matter will be deemed terminated if neither party requests to proceed.

United Brotherhood of Carpenters and Joiners of America, Local 27 v. Mr. Submarine Limited, 2000 CanLII 6393

Harry Freedman

G. Pickell

A. Haward

Board directs representation vote 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 is a trade union and an affiliated bargaining agent.

Based on the membership evidence, the Board was satisfied that not less than forty percent of the individuals in the proposed bargaining unit appeared to be members.

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

The Board also noted that section 8.1 of the Act does not apply to construction industry certification applications.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Top Millwork Interiors Inc., 2000 CanLII 6081

Harry Freedman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardAug 10, 2000

Consent order issued incorporating Minutes of Settlement for $6,000 in damages for collective agreement violations.

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

Prior to the hearing, the parties entered into Minutes of Settlement.

The Board issued a consent order declaring the responding parties bound by the collective agreement, declaring they violated the agreement, and directing them to pay $6,000 in damages in scheduled installments.

The International Union of Painters and Allied Trades (formerly known as the International Brotherhood of Painters and Allied Trades), District Council 46 (Local Union 1795) v. Felice Aluminum and Glass Ltd. & Rainbow Glass (Niagara) Inc., 2000 CanLII 9820

Harry Freedman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardAug 10, 2000

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.

On the agreement of the parties, the Board adjourned the application sine die.

The Board noted that the matter would be deemed terminated if no party requested to proceed within one year.

Sheet Metal Workers’ International Association, Local 269 v. BFC Industrial/Nicholls Radtke Ltd., 2000 CanLII 9929

Ursula Boylan

16 cases1995–2003

Leonard Feldt

2 cases2000–2000

Larry Venning

5 cases1993–2000

Jeffrey D. A. Murray

3 cases2000–2003

R. O. MacDowell

OLRB0 cases1980–2001

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardAug 10, 2000

Board requests written submissions on whether all employee categories in collective agreement require Trades Qualification Act documentation.

In an application for certification, the Ontario Labour Relations Board held a hearing to determine the appropriate bargaining unit, specifically regarding the impact of the Trades Qualification Act.

After reviewing the provincial collective agreement filed by the parties, the Board requested written representations clarifying whether all employee categories listed under the union recognition clause are required to hold Trades Qualification Act documentation.

International Brotherhood of Electrical Workers, Local Union 353 v. 1206468 Ontario Ltd. c.o.b. as Quadracon, 2000 CanLII 12886

Harry Freedman

G. Pickell

G. McMenemy

Board directs applicant to follow rules to add related employer to grievance referral.

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

A third party, Megatech Electrical Limited, advised the Board that the contact information provided for the respondent belonged to it.

The applicant asserted that the two companies were related employers.

The Board noted that it had received nothing from the named respondent and that if the applicant wished to establish a related employer relationship, it must do so in accordance with the Board's Rules and name the third party as a party to the proceeding.

The matter was permitted to continue.

Construction Workers Local 52 affiliated with the Christian Labour Association of Canada v. MegaTech Contracting International Ltd., 2000 CanLII 12106

Harry Freedman

G. Pickell

G. McMenemy

Board granted the applicant's request to amend its name by removing the Ontario Pipe Trades Council.

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

Counsel for the applicant requested to amend the name of the applicant by deleting the reference to the Ontario Pipe Trades Council.

The Board granted the request and amended the applicant's name accordingly.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 463 v. NC Fabrication Limited, 2000 CanLII 5390

Harry Freedman

G. Pickell

G. McMenemy

Union certification granted following a successful representation vote.

The applicant union applied for certification.

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 to make representations filed, the Ontario Labour Relations Board issued a certificate to the applicant for the bargaining unit of onsite construction employees.

Universal Workers Union, L.I.U.N.A. Local 183 v. Metal Tech Systems Inc., 2000 CanLII 8863

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.

Millwright Regional Council of Ontario v. Bramkal Contractors Inc., 2000 CanLII 3573

Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardAug 8, 2000

Board clarifies that grievance referral currently affects only the named responding party.

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

The Board received a facsimile from Megatech Electrical Ltd. stating that it does not have a collective agreement with the applicant and that the grievance was sent to them in error.

The Board determined that the proceeding currently affects only the named responding party, MegaTech Contracting International Ltd., and noted that the applicant may need to prove proper notice or add Megatech Electrical Ltd. as a party if it seeks to affect them.

Construction Workers Local 52 affiliated with the Christian Labour Association of Canada v. MegaTech Contracting International Ltd., 2000 CanLII 10298

Melissa Kronick

19 cases1994–2014

Brian R. Gatien

8 cases1982–2013

G. Pickell

G. McMenemy