G. Pickell

G. McMenemy

Gail Misra

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 no party requests to proceed.

Universal Workers Union, L.I.U.N.A. Local 183 v. Edgeport Homes, 2000 CanLII 10630

G. Pickell

G. McMenemy

Gail Misra

Application withdrawn by leave of the Board.

The applicant sought to withdraw its application against the responding party.

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

Sheet Metal Workers’ International Association, Local 269 v. Ontario Sheet Metal and Air Handling Group, 2000 CanLII 6402

John Morgan Lewis

G. Pickell

G. McMenemy

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

The applicant union filed an application for certification and an unfair labour practice complaint against the responding employer.

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

The unfair labour practice complaint was withdrawn with leave of the Board.

The ballots from the representation vote were counted, and the union did not receive more than fifty percent of the votes.

Consequently, the application for certification was dismissed, and a one-year bar on further applications was imposed.

International Brotherhood of Electrical Workers, Local Union 894 v. SJS Control Technologies Inc., 2000 CanLII 4135

G. Pickell

G. McMenemy

Gail Misra

Grievance application adjourned sine die on consent of the parties.

The applicant union filed a grievance against the responding parties.

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

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Connect Mechanical Systems Inc., 2000 CanLII 11023

G. Pickell

G. McMenemy

Gail Misra

Application withdrawn by leave of the Board.

The applicant, Sheet Metal Workers’ International Association, Local 47, sought to withdraw its application against the responding party, Ontario Sheet Metal and Air Handling Group.

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

Sheet Metal Workers’ International Association, Local 47 v. Ontario Sheet Metal and Air Handling Group, 2000 CanLII 7408

John Morgan Lewis

G. Pickell

A. Haward

Board issued a consent order for $72,123.11 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 reached a settlement and filed a memorandum of agreement.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated multiple articles, and ordered the responding party to pay $72,123.11 in damages according to an agreed payment schedule.

International Brotherhood of Painters and Allied Trades, Glaziers Local 1819 v. Savoy Glass, 2000 CanLII 7450

G. Pickell

Anthony Brown

OLRB0 cases2000–2001

A. Haward

Consent order issued directing employer to pay $57,937.14 for unpaid union remittances.

The applicant union referred a grievance to the Ontario Labour Relations Board alleging the responding employer failed to make required remittances under the collective agreement.

Prior to the hearing, the parties entered into a memorandum of agreement.

The Board issued a consent order declaring the employer bound by the collective agreement, finding a violation for unpaid remittances in October and November 1999, and ordering the employer to pay $57,937.14 in damages.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Omega Trim & Doors Ltd., 2000 CanLII 7786

Marilyn Silverman

OLRB0 cases2000–2001

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardFeb 16, 2000

Representation vote directed in construction industry certification application; section 8.1 objection dismissed.

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 of not less than forty percent of the individuals in the proposed bargaining unit.

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

The responding party's objection under section 8.1 of the Act was dismissed, as that section does not apply to construction industry certification applications.

International Brotherhood of Electrical Workers, Local 353 v. Electrical Communications Industries Inc., 2000 CanLII 9088

G. Pickell

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardFeb 16, 2000

Board grants reconsideration of default grievance decision, establishing a four-factor test for such requests.

The applicant union referred a grievance to arbitration.

The responding party employer failed to file a timely response, resulting in a default decision finding a violation of the collective agreement.

The employer subsequently requested reconsideration of the default decision.

The Board established a four-factor test for reconsidering default decisions under section 133 of the Labour Relations Act.

Applying the factors, the Board found that while the employer's explanation for the default was unreasonable, it had raised a substantial defence to the grievance and there was minimal prejudice to the union.

The Board granted the reconsideration request and directed the employer to file its response.

International Brotherhood of Electrical Workers, Local 303 v. Weinmann Electric Limited, 2000 CanLII 11928

Marilyn Silverman

OLRB0 cases2000–2001

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardFeb 16, 2000

Representation vote directed in construction industry union 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 of at least forty percent in the proposed bargaining unit.

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

The responding party's assertion that the individuals were employees of a subcontractor was deferred to a post-vote hearing.

Brick and Allied Craft Union of Canada, Local 2 v. Land Construction Company Ltd., 2000 CanLII 9284

John Morgan Lewis

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardFeb 15, 2000

Application adjourned sine die on consent of the parties.

The applicant union and responding employer agreed to adjourn the application.

The Ontario Labour Relations 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.

The Ontario Council of the International Union of Painters and Allied Trades, Glaziers Local 1795 v. VanBots Construction Corporation, 2000 CanLII 9111

John Morgan Lewis

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardFeb 15, 2000

Applications withdrawn with leave of the Board following execution of minutes of settlement.

The applicants and responding parties executed minutes of settlement.

Having regard to the minutes of settlement, the Ontario Labour Relations Board granted leave to withdraw the applications in Board File Nos. 1479-99-G and 2251-99-R.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Newmarch Inc., 2000 CanLII 9255

G. Pickell

David A. McKee

A. Haward

Consent order issued declaring employer bound by collective agreement and ordering $1,100 in damages.

The applicant union filed an application for the arbitration of a grievance under section 133 of the Labour Relations Act, 1995.

Prior to the scheduled hearing, the parties filed a Memorandum of Agreement and requested the Board to incorporate it into a consent order.

The Board issued declarations that the responding party is bound by the collective agreement and violated its terms, and ordered the responding party to pay $1,100.00 in damages to the applicant.

Labourers’ International Union of North America, Local 837 v. 961175 Ontario Limited, 2000 CanLII 13446

G. Pickell

David A. McKee

A. Haward

Application withdrawn at the request of the parties.

The applicant union requested to withdraw its application against the responding party employer.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

Labourers’ International Union of North America, Local 837 v. Kvaerner-Jaddco, A Division of Kvaerner Construction Ltd., 2000 CanLII 7217

G. Pickell

David A. McKee

A. Haward

Board finds employer liable for collective agreement violations in default proceeding; damages deferred to hearing.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding party violated the collective agreement by failing to employ union members or improperly subcontracting work.

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 facts in the application accepted and found the responding party liable for violating the collective agreement.

However, the Board found insufficient information to assess damages and directed that the scheduled hearing proceed solely on the issue of damages.

International Brotherhood of Electrical Workers, Local 894 v. MRM Electric Inc., 2000 CanLII 2999

G. Pickell

David A. McKee

A. Haward

Employer found liable for subcontracting grievance by default; hearing scheduled to assess damages.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer violated the collective agreement by subcontracting work to a non-union contractor.

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 facts in the application accepted and found the employer liable for the violation.

However, the Board found the applicant provided insufficient information to assess the $4,500 in claimed damages, and scheduled a hearing solely to determine the quantum of damages.

Labourers’ International Union of North America, Local 1059 v. Traugott Construction (Kitchener) Limited, 2000 CanLII 8729

Harry Freedman

OLRB0 cases1984–2001

G. Pickell

A. Haward

Practising Law - Employed70 cases1995–2026

Grievance referral withdrawn after applicant inadvertently faxed application documents to the wrong number.

The applicant union referred a grievance to arbitration but inadvertently sent the application documents to the wrong facsimile number.

After the Board directed the applicant to provide evidence of delivery, the applicant acknowledged its error and requested leave to withdraw the referral.

The Board noted additional irregularities regarding the delivery of collective agreements by mail rather than facsimile.

The Board granted the applicant's request and the referral was withdrawn.

Universal Workers Union, L.I.U.N.A. Local 183 v. Mardave Construction (1990) Ltd., 2000 CanLII 1205

Andrea Bowker

M. A. Nairn

OLRB0 cases1989–2001

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardFeb 11, 2000

Board orders employer to produce remittance forms and attend meeting after failing to appear.

The applicant union referred a construction industry grievance to the Board concerning unpaid remittances.

The responding party failed to attend the hearing.

The Board found that the responding party's principal acknowledged arrears but failed to provide required remittance forms.

The Board ordered the principal to prepare and submit the forms, meet with a Labour Relations Officer, and attend a further hearing with all relevant payroll records.

Brick and Allied Craft Union of Canada v. Durie Tile and Marble, 2000 CanLII 12933

Andrea Bowker

Practising Law - Employed70 cases1995–2026

M. A. Nairn

OLRB0 cases1989–2001

G. Pickell

G. McMenemy