G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJul 26, 2000

Board orders representation vote in construction industry certification application after employer fails to respond.

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

The responding party 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.

International Union of Operating Engineers, Local 793 v. Clement Utility Contractors Inc., 2000 CanLII 10832

G. Pickell

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 25, 2000

Employer ordered to pay outstanding union remittances and liquidated damages in default grievance proceeding.

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 to welfare and pension trust funds.

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 Board deemed the responding party to have accepted all facts stated in the application and decided the matter without a hearing.

The Board declared that the responding party violated the collective agreement and ordered it to pay $17,365.50 in outstanding remittances, $899.87 in liquidated damages, and $214.00 for the filing fee.

Universal Workers Union, L.I.U.N.A., Local 183 v. Fourwinds Construction Inc., 2000 CanLII 7121

G. Pickell

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 25, 2000

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

The applicant union applied for certification.

A representation vote was held, but the union failed to obtain more than fifty percent of the ballots cast by employees in the bargaining unit.

As no statement of desire to make representations was filed, the Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for this bargaining unit.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Telcon Concealed Wiring Ltd., 2000 CanLII 10934

G. Pickell

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 25, 2000

Default judgment granted against employer for unpaid union remittances and liquidated damages.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding party employer failed to make required remittances to various trust funds.

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

Proceeding by way of default, the Board accepted the applicant's allegations as true, declared the responding party bound by the collective agreement, and ordered the payment of outstanding remittances, liquidated damages, and reimbursement of filing fees.

Universal Worker’s Union, L.I.U.N.A., Local 183 v. Fourwinds Construction Inc., 2000 CanLII 8635

G. Pickell

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 24, 2000

Representation vote ordered for proposed bargaining unit of electricians in the construction industry.

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 filed, the Board determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

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

International Brotherhood of Electrical Workers, Local Union 353 v. Midtown Enterprises Limited, 2000 CanLII 10987

G. Pickell

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 24, 2000

Employer ordered to pay outstanding remittances and liquidated damages in default grievance proceeding.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to make required remittances to various trust funds.

The responding party 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 responding party was deemed to have accepted all facts stated in the application.

The Board found the responding party bound by the collective agreement and ordered it to pay $32,741.26 in outstanding remittances, $1,527.96 in liquidated damages, and $214.00 for the filing fee.

Universal Workers’ Union, L.I.U.N.A., Local 183 v. Canadian Professional Lining Ltd., 2000 CanLII 9697

M. A. Nairn

G. Pickell

G. McMenemy

Default judgment granted against employer for unpaid wages and unremitted trust fund contributions.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding party failed to pay correct wages and remit trust fund contributions.

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 found the responding party bound by the collective agreement, declared it had violated the agreement, and ordered it to pay $11,273.69 in damages.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Joe DaSilva o/a J.D. Installations, 2000 CanLII 8254

M. A. Nairn

G. Pickell

G. McMenemy

Matter withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw the matter.

The Ontario Labour Relations Board granted the request and the matter was withdrawn with leave of the Board.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. T & F Lathing Ltd., 2000 CanLII 8349

M. A. Nairn

G. Pickell

G. McMenemy

Employer found liable in default proceeding for violating collective agreement by employing non-union worker.

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 a non-union member.

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

Pursuant to the Board's Rules of Procedure, the Board deemed the facts in the application accepted and found the employer liable for violating the collective agreement.

The Board ordered the employer to comply with the agreement and scheduled a hearing to determine damages.

Sheet Metal Workers’ International Association, Local 30 v. Ritz Sheet Metal Inc., 2000 CanLII 7190

M. A. Nairn

G. Pickell

G. McMenemy

Default judgment granted against employer for violating collective agreement by using non-union labour.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging that the responding party employer violated the collective agreement by employing non-union members to perform insulation work.

The responding party failed to file a response.

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

The Board declared that the responding party violated the collective agreement and ordered it to pay $1,050.00 in damages and $214.00 in costs.

International Association of Heat and Frost Insulators and Asbestos Workers, Local 95 v. McBrien Insulation Ltd., 2000 CanLII 6556

M. A. Nairn

G. Pickell

G. McMenemy

Employer ordered to pay $3,883.79 in unpaid remittances and costs following default in grievance referral.

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 employer bound by the provincial collective agreement and ordered it to pay $3,883.79 in unpaid remittances, legal costs, and filing fees.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and joiners of America v. Edian Painting & Janitorial, 2000 CanLII 11064

M. A. Nairn

G. Pickell

G. McMenemy

Union certification application dismissed after failing to secure more than 50% of representation vote.

The applicant union applied for certification.

Following a representation vote where not more than 50% of the ballots cast were in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board dismissed the application.

A one-year bar on subsequent certification applications by the applicant for the same bargaining unit was imposed.

Labourers’ International Union of North America v. Penegal Trim & Supply Ltd., 2000 CanLII 9149

Russell Goodfellow

OLRB0 cases1999–2001

G. Pickell

G. McMenemy

Adjournment granted on consent of the parties.

The parties requested an adjournment of the matter.

The Ontario Labour Relations Board consented to the request and adjourned the matter to August 18, 2000.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Lopes Drywall & Acoustics Inc., 2000 CanLII 6250

M. A. Nairn

G. Pickell

G. McMenemy

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

The applicant union applied for certification as the bargaining agent for the employees of the responding party.

A representation vote was held, and not more than fifty per cent of the ballots cast were in favour of the applicant.

No statements of desire to make representations were filed.

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for the same bargaining unit.

Labourers’ International Union of North America v. North End Construction Ltd., 2000 CanLII 10001

Russell Goodfellow

OLRB0 cases1999–2001

G. Pickell

G. McMenemy

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

The applicant union and responding employers 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.

International Union of Painters and Allied Trades, Local 1819, Glaziers v. Service Glass & Mirror Ltd., 2000 CanLII 7888

M. A. Nairn

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJul 19, 2000

Trade union certified as bargaining agent for carpenters after successful representation vote.

The applicant trade union applied for certification as the bargaining agent for carpenters and carpenters' apprentices employed by the responding party.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board issued two certificates pursuant to section 160(1) of the Labour Relations Act.

One certificate was confined to the industrial, commercial and institutional sector in Ontario, and the other covered all other sectors in the specified geographic area.

United Brotherhood of Carpenters and Joiners of America v. Venture North Construction Ltd., 2000 CanLII 6329

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJul 18, 2000

Brian McLean

OLRB0 cases1998–2026

Grievance referral application adjourned sine die on consent of the parties.

The applicant union and responding employers agreed to adjourn the grievance referral 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 no party requests to proceed.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1795) v. Felice Aluminum and Glass Ltd., 2000 CanLII 10622

Inge M. Stamp

OLRB0 cases1988–2001

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJul 18, 2000

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

The applicant union and responding employers 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 party requested to proceed.

Carpenters and Allied Workers Local 27 v. 833359 Ontario Limited, 2000 CanLII 8477

G. Pickell

G. McMenemy