G. Pickell

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardFeb 29, 2000

Grievance referral withdrawn at the request of the applicant.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The Board granted the request and the referral was withdrawn.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. 1105945 Ontario Ltd. c.o.b. as System Drywall & Acoustics, 2000 CanLII 6695

M. A. Nairn

OLRB0 cases1989–2001

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardFeb 28, 2000

Board orders employer to pay $9,448.56 in unpaid union remittances following default.

The applicant union filed a grievance against the responding party for unpaid remittances.

The responding party failed to file a response or attend the hearing.

The Board determined that the correct name of the responding party was Durie Tile & Marble Ltd., and that it was bound by the provincial collective agreement.

The Board found that the responding party violated the collective agreement by failing to pay proper remittances for the period of August to October 1999, as a cheque for $9,448.56 was not negotiated.

The Board ordered the responding party to pay $9,448.56 in damages.

Brick and Allied Craft Union of Canada v. Durie Tile and Marble Ltd., 2000 CanLII 12291

Michael O'Brien

8 cases1999–2012

G. Pickell

G. McMenemy

David A. McKee

Employer ordered to pay over $131,000 in unpaid benefit remittances and costs following default hearing.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit benefit contributions.

The responding party did not file a response or appear at the hearing.

The Board deemed the facts in the application accepted and found the responding party violated the collective agreement by failing to pay remittances for October, November, and December 1999.

The Board ordered the responding party to pay $130,481.40 in unpaid remittances and interest, plus $749.00 in filing fees due to its failure to participate in the proceedings.

Labourers’ International Union of North America, Local 183 v. Osler Paving Ltd., 2000 CanLII 13014

Harry Freedman

G. Pickell

G. McMenemy

Application withdrawn at the request of the applicant.

The applicant requested to withdraw the application before the Ontario Labour Relations Board.

The Board granted the request and the application was withdrawn.

Angus Hartery on behalf of Employees of Metro Railing Ltd. v. Local 27 Carpenters and Allied Workers Union, 2000 CanLII 7787

Harry Freedman

G. Pickell

G. McMenemy

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.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. 1333975 Ontario Inc. Operating as Niveau Construction, 2000 CanLII 5127

Harry Freedman

G. Pickell

A. Haward

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

The applicant union applied for certification.

Following a representation vote where not more than fifty per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.

A one-year bar on further certification applications by the applicant was imposed.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Conquest Carpet Corp., 2000 CanLII 10020

Harry Freedman

G. Pickell

G. McMenemy

Grievance referral dismissed without prejudice because the attached grievance belonged to a different local union.

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

However, the written grievance attached to the application was filed on behalf of a different local union and referred to different job sites than those alleged in the application.

As there was no evidence that a written grievance by the applicant had been delivered to the responding parties prior to the referral, the Board dismissed the application without prejudice to the applicant filing a proper referral.

International Union of Bricklayers and Allied Craftworkers, Local 10 v. 620230 Ontario Inc. o/a TS Masonry, 2000 CanLII 4160

G. Pickell

G. McMenemy

Anthony Brown

OLRB0 cases2000–2001

Employer's request to reconsider geographic scope of construction industry bargaining unit dismissed.

The employer requested reconsideration of a Board decision that established the voting constituency for a representation vote in an application for certification.

The employer argued that the geographic area chosen by the union for the non-ICI sectors was inappropriate and would cause prejudice.

The Board dismissed the request, reaffirming its established jurisprudence that a union may select the geographic area in which it seeks bargaining rights for non-ICI sectors, and is not required to include all areas where the employer has employees.

On its own motion, the Board amended the bargaining unit description to conform to its standard practice for 'white areas' not falling within a defined Board Area.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. Venture North Construction Ltd., 2000 CanLII 11759

Harry Freedman

G. Pickell

G. McMenemy

Application adjourned sine die on agreement of the parties.

The applicant union filed an application before the Ontario Labour Relations Board.

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.

Universal Workers Union, L.I.U.N.A. Local 183 v. Azurix North American o/a Uniflow Co., 2000 CanLII 6646

Harry Freedman

G. Pickell

G. McMenemy

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

The applicant trade union applied for certification to represent 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, and with no statements of desire to make representations filed, the Ontario Labour Relations Board issued two certificates pursuant to section 160(1) of the Act.

One certificate was issued for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the District of Thunder Bay.

United Brotherhood of Carpenters and Joiners of America, Local Union 1669 v. North West Installations Inc., 2000 CanLII 5110

G. Pickell

G. McMenemy

David A. McKee

Grievance referral adjourned sine die on consent of the parties.

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

On consent of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

Labourers’ International Union of North America, Local 183 v. Goreway Construction & Paving (1996) Ltd., 2000 CanLII 1239

Harry Freedman

G. Pickell

G. McMenemy

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.

Universal Workers Union, LIUNA Local 183 v. Con Strada Construction Inc., 2000 CanLII 2247

G. Pickell

G. McMenemy

David A. McKee

Hearing adjourned on consent of the parties.

The Ontario Labour Relations Board granted an adjournment of the hearing on consent of the parties, rescheduling it to March 24, 2000.

The Ontario Council of the International Brotherhood of Painters and Allied Trades, Glaziers Local 1819 v. Contemporary Unlimited, 2000 CanLII 7667

Harry Freedman

G. Pickell

G. McMenemy

Application adjourned sine die on agreement of the parties.

The applicant union filed an application before the Ontario Labour Relations Board.

On 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.

Universal Workers Union, L.I.U.N.A. Local 183 v. Diamante Urban Corporation, 2000 CanLII 7956

Harry Freedman

G. Pickell

G. McMenemy

Application adjourned sine die on consent of the parties.

The Ontario Labour Relations Board adjourned the application sine die on the agreement of the parties.

The Board noted that the application would be deemed terminated without further notice if neither party requested to proceed within one year.

Labourers’ International Union of North America, Local 183 v. Tribeca on the Upper East Side Inc. and Rosteract (Don Mills) Construction Inc., 2000 CanLII 5085

Harry Freedman

G. Pickell

G. McMenemy

Default judgment granted against employers for unpaid wages and unremitted contributions under collective agreement.

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 employers failed to pay proper wages and remit required contributions under the provincial collective agreement.

The responding parties failed to file a Request for Hearing and Notice of Intent to Defend/Participate.

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

The Board found the responding parties bound by the collective agreement, declared they had violated it, and ordered them to pay $25,458.68 in damages plus $1,500 in costs.

International Union of Bricklayers and Allied Craftworkers, Local 2 v. 620230 Ontario Inc., 2000 CanLII 10656

Michael O'Brien

8 cases1999–2012

G. Pickell

G. McMenemy

David A. McKee

Employer ordered to pay $25,326.04 in unpaid benefit remittances and fees following default hearing.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit benefit contributions.

The responding party failed to file a response or appear at the hearing.

The Board deemed the responding party to have accepted the facts in the application and found it violated the collective agreement by failing to pay remittances for October, November, and December 1999.

The Board ordered the responding party to pay $23,766.56 in unpaid remittances, $810.48 in interest, and $749.00 in filing fees, for a total of $25,326.04.

Labourers’ International Union of North America, Local 183 v. Select Concrete & Drain Inc., 2000 CanLII 13016

Michael O'Brien

8 cases1999–2012

G. Pickell

G. McMenemy

David A. McKee

Employer ordered to pay over $37,000 in unpaid benefit remittances and fees in undefended grievance.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit benefit contributions.

The responding party did not file a response and failed to attend the hearing.

The Board deemed the responding party to have accepted the facts in the application and found it violated the collective agreement.

The Board ordered the responding party to pay $36,601.46 in unpaid remittances and interest, plus $749.00 in filing fees for failing to participate in the scheduled proceedings.

Labourers’ International Union of North America, Local 183 v. 517739 Ontario Limited o/a Rolan Plumbing, 2000 CanLII 13015

Harry Freedman

G. Pickell

G. McMenemy