Harry Freedman

Application for review of Order to Pay terminated following confidential settlement between employer and employees.

The applicant employer sought a review of an Order to Pay issued by an Employment Standards Officer.

The employer and the affected employees entered into confidential Minutes of Settlement.

The Ontario Labour Relations Board ordered the Director to disburse the $1,446.12 held in trust in accordance with the settlement, subject to any objection from the Ministry of Labour within 10 days, and terminated the application.

Chemong Lodge Tavern Limited v. Franklin, 2001 CanLII 5750

Harry Freedman

Application for review of Order to Pay dismissed for untimeliness and insufficient funds.

The applicant sought a review of an Employment Standards Officer's Order to Pay.

The application was filed more than 45 days after the date of the Order, making it untimely.

Furthermore, the applicant's cheque to pay the required amount in trust was returned for insufficient funds.

The applicant failed to provide submissions to extend the time for making the application.

The Ontario Labour Relations Board dismissed the application for review as it was not properly made.

George Neufeld v. Peter Hiebert et al., 2001 CanLII 7023

J. G. Knight

Harry Freedman

G. McMenemy

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, noting it would be deemed terminated if neither party requested to proceed within one year.

Millwrights Union Local 1916 v. BFC Industrial – Nicholls Radtke, 2001 CanLII 5519

J. G. Knight

Harry Freedman

A. Haward

Certification application dismissed and ballots ordered destroyed after union acknowledged less than 40% membership support.

The applicant union applied for certification but subsequently acknowledged that less than 40% of the individuals in its proposed bargaining unit appeared to be its members.

The Board dismissed the application pursuant to section 8.1(5)7 of the Labour Relations Act, 1995.

The intervenor requested that the ballots cast in the representation vote be counted due to interest in the outcome.

The Board denied the request, noting that the Act explicitly requires the ballots to be destroyed without being counted when an application is dismissed under this section.

Canadian Union of Skilled Workers v. K-Line Maintenance & Construction Ltd., 2001 CanLII 14320

Harry Freedman

Application for review of an Order to Pay terminated following a settlement between the parties.

The applicant employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The parties entered into Minutes of Settlement with the assistance of a Labour Relations Officer.

The Board directed that the monies held in trust by the Director be paid to the employees and employer in accordance with the settlement, and the application was terminated.

Sodisco-Howden Group Inc. v. Thorne, 2001 CanLII 20886

Harry Freedman

Application for review terminated following settlement between the parties.

The applicant sought a review of a refusal to issue an order under section 68 of the Employment Standards Act.

The employer and employee entered into written Minutes of Settlement with the assistance of a Labour Relations Officer.

As the settlement disposed of all issues in dispute, the Board terminated the application in accordance with subsection 69.1(5) of the Act.

Mayers v. Broadbase, 2001 CanLII 7427

J. G. Knight

Harry Freedman

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.

Construction Workers Local 52 v. Elta Gas Services Ltd., 2001 CanLII 15092

J. G. Knight

Harry Freedman

G. McMenemy

Matter referred to Registrar to be listed for hearing with overlapping applications between the parties.

The applicant requested that this matter be scheduled for hearing at the same time as several other applications involving the same parties.

The responding party acknowledged the overlapping issues but suggested holding the matter in abeyance pending discussions.

The Board directed the Registrar to list the matter for hearing with the other applications, leaving the issue of consolidation to the panel assigned to hear the matters.

International Brotherhood of Electrical Workers, Local 303 v. Fred Giessler Electrical Ltd., 2001 CanLII 7668

Harry Freedman

Application for review of Order to Pay terminated following parties' Minutes of Settlement.

The employer applied for a review of an Order to Pay issued by an Employment Standards Officer.

The employer and the employee subsequently entered into Minutes of Settlement to resolve the matter.

The Ontario Labour Relations Board ordered the funds held in trust by the Director to be disbursed in accordance with the settlement and terminated the application.

Mid-North Protection Services Ltd. v. Reginald Aulenbach, 2001 CanLII 2472

Harry Freedman

Appeal withdrawn at the request of the appellant.

The appellant, Guardian Tree Systems Inc., requested to withdraw its appeal against the responding parties, Eric Theissen, Inspector, and the Ministry of Labour.

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

Guardian Tree Systems Inc. v. Eric Theissen, Inspector and Ministry of Labour, 2001 CanLII 16208

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die on agreement of the parties.

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

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.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron workers, Local 736 v. Sherwood Windows Limited, 2001 CanLII 7105

J. G. Knight

Harry Freedman

G. McMenemy

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 is a trade union and an affiliated bargaining agent.

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

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

Sheet Metal Workers’ International Association, Local 473 v. Baratta Mechanical Inc., 2001 CanLII 4200

J. G. Knight

Harry Freedman

G. McMenemy

Board issued procedural directions for written submissions regarding a union's challenge to a proposed project agreement.

The applicant union challenged a proposed project agreement initiated by the Sarnia Construction Association, arguing it would result in a disproportionate reduction in wages and benefits for its members compared to other trades.

The Ontario Labour Relations Board determined that the issue could be resolved by way of written submissions, as wage rates and benefits are matters of record.

The Board issued procedural directions establishing a timetable for the filing of comprehensive written submissions by all participating parties.

International Brotherhood of Electrical Workers, Local 530 v. Sarnia Construction Association, 2001 CanLII 6786

J. G. Knight

Harry Freedman

G. McMenemy

Application for certification adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Ontario Labour Relations Board adjourned the application sine die, noting it would be deemed terminated if no request to proceed was made within one year.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Optex Staging & Services Inc., 2001 CanLII 20494

Harry Freedman

Application for review of Order to Pay terminated following parties' execution of Minutes of Settlement.

The employer applied for a review of an Order to Pay issued by an Employment Standards Officer.

The employer and the employee entered into Minutes of Settlement agreeing to the disbursement of funds held in trust by the Director.

The Board ordered the funds disbursed in accordance with the settlement and terminated the application.

Mercuri Landscape Contractors Inc. v. Antonio Pugliese, 2001 CanLII 2921

Harry Freedman

Application for review of Order to Pay terminated following parties' settlement and agreed disbursement of funds.

The employer applied for a review of an Order to Pay under the Employment Standards Act.

The employer and the employee entered into Minutes of Settlement agreeing to the disbursement of $873.21 held in trust by the Director.

The Board ordered the funds to be disbursed in accordance with the settlement, with $473.21 to the employer, $300.00 to the employee, and $100.00 retained by the Consolidated Revenue Fund.

The application was terminated pursuant to section 69.1(5) of the Act.

Jodee Truck Leasing Ltd. v. De La Pena, 2001 CanLII 5496

J. G. Knight

Harry Freedman

G. McMenemy

Employer ordered to pay damages and costs for unpaid wages and benefits in default grievance arbitration.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to pay proper wages and remit benefit contributions.

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 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 $7,648.00 in damages and $214.00 in costs.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1819) v. Sandra Friedman c.o.b. as Hillside Glass and Mirror, 2001 CanLII 7581

J. G. Knight

Harry Freedman

G. McMenemy

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

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots cast by employees in the bargaining unit were in favour of the applicant.

The intervenor requested the application be dismissed based on the vote results.

The Ontario Labour Relations Board dismissed the application and directed the parties' attention to section 10(3) of the Labour Relations Act regarding the effect on any subsequent application filed within one year.

Canadian Union of Skilled Workers v. David Hawkins Line Services Inc., 2001 CanLII 10317

J. G. Knight

Harry Freedman

G. McMenemy