Harry Freedman

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 22, 2001

Board rejects agreed 'all employee' construction bargaining unit, restricting it to specific trades employed.

The applicant union sought certification for employees of the responding party in the construction industry.

Following a representation vote in favour of the union, the parties agreed to an 'all employee' bargaining unit description.

The Board rejected this agreement, noting its long-standing practice of avoiding unrestricted 'all employee' units in the construction industry to minimize jurisdictional disputes.

Finding that the responding party only employed journeymen electricians and apprentices on the application date, the Board restricted the bargaining unit to those specific classifications and ordered a certificate to issue.

Construction Workers Local 53 v. Ogilvie Electric Inc., 2001 CanLII 18314

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 22, 2001

Board granted an adjournment and extended the time for parties and proposed participants to file materials.

The Union requested an adjournment of the hearing and an extension of time to file materials, which the Employer agreed to.

The Board granted the extension of time for the Union and the Employer to file their materials, and extended the time for any Proposed Participants to file their Statements of Representations.

The hearing scheduled for June 15, 2001, was adjourned to a date to be fixed by the Registrar.

Labourers’ International Union of North America, Local 527 v. National Capital Road Builders Association, 2001 CanLII 15227

Harry Freedman

Application for certification withdrawn with leave as statutory consequences of withdrawal and dismissal are identical.

The applicant union sought to withdraw its application for certification after a representation vote was held.

The intervenor union argued the application should be dismissed according to normal practice.

The Board noted that recent amendments to the Labour Relations Act, 1995 eliminated any material difference between the consequences of a withdrawal and a dismissal after a vote, as both trigger a one-year bar on subsequent applications.

Finding no substantive reason to dismiss rather than permit withdrawal, the Board granted the applicant leave to withdraw the application.

Bricklayers, Masons, Independent Union of Canada, Local 1 v. Via Trim & Doors Inc., 2001 CanLII 11183

Harry Freedman

Occupational health and safety appeal adjourned sine die on consent.

The appellant appealed an inspector's order under section 61 of the Occupational Health and Safety Act.

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

Burns Excavating Ltd. v. Scott Ney, Inspector and Ministry of Labour, 2001 CanLII 13499

J. G. Knight

Harry Freedman

G. McMenemy

Application under sections 63 and 1(4) of the Labour Relations Act adjourned sine die on consent.

The applicant union filed an application under sections 63 and 1(4) of the Labour Relations Act, 1995.

Having regard to the agreement of the parties, the Ontario Labour Relations Board adjourned the application sine die.

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

The Millwright Regional Council of Ontario, United Brotherhood of Carpenters and Joiners of America v. Eram Steel Contracting Inc., 2001 CanLII 12302

Harry Freedman

Pre-hearing direction on evidentiary procedure denied; issue deferred to the hearing panel.

The applicant sought a pre-hearing direction regarding the necessity of viva voce evidence and the use of representative evidence for challenges to voter eligibility in a representation vote for the termination of bargaining rights.

The applicant also requested an adjournment of an Officer's meeting in a related application.

The Ontario Labour Relations Board granted the adjournment on consent but declined to issue the pre-hearing direction, holding that the applicant could raise the proposal before the panel assigned to hear the matter.

Jeff Jessup v. Ontario Pipe Trades Council, 2001 CanLII 11737

J. G. Knight

Harry Freedman

G. McMenemy

Application withdrawn at the request of the applicant.

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

The Board granted the request and the application was withdrawn.

United Brotherhood of Carpenters and Joiners of America, Local 18 v. 1356935 Ontario Limited c.o.b. as Corporate Construction, 2001 CanLII 15454

J. G. Knight

Harry Freedman

G. McMenemy

Application withdrawn at the request of the applicant.

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

The Board granted the request and the application was withdrawn.

Canadian Union of Public Employees and its Local 2219 v. Garson Nursing Home Ltd., 2001 CanLII 14500

J. G. Knight

Harry Freedman

G. McMenemy

Certification application dismissed after union failed to secure majority in representation vote.

The applicant union filed an application for certification.

Following a representation vote directed by the Board, not more than fifty per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

As no statement of desire to make representations was filed, the Board dismissed the application and directed the attention of the parties to the statutory bar on future applications under section 10(3) of the Labour Relations Act, 1995.

United Brotherhood of Carpenters and Joiners of America, Local 18 v. 1356935 Ontario Limited c.o.b. as Corporate Construction, 2001 CanLII 16816

J. G. Knight

Harry Freedman

G. McMenemy

Application withdrawn at the request of the applicant.

The applicant, International Brotherhood of Electrical Workers Local 586, requested to withdraw its application against the responding party.

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

International Brotherhood of Electrical Workers Local 586 v. 1029873 Ontario Inc. operating as Dent Electric (1993), 2001 CanLII 6503

Harry Freedman

Application withdrawn at the request of the applicant.

The applicant requested to withdraw her application against the responding parties.

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

Jacqueline Manser v. Kawartha Quality Care, 2001 CanLII 2546

Harry Freedman

G. Pickell

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.

Having regard to 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.

International Union of Operating Engineers, Local 793 v. Lombardi Construction Concrete & Drain, 2001 CanLII 6466

Harry Freedman

Application for review of an Order to Pay cannot proceed unless the required amount is paid into trust.

The applicant filed an application for review of an Order to Pay under the Employment Standards Act but failed to pay the required amount into trust, citing financial inability.

The Board held that under section 68(7) of the Act, it cannot proceed with the review unless the payment is made or an acceptable letter of credit is provided.

The Board granted the applicant 15 working days to make the payment and request an extension of time, failing which the application will be dismissed.

Randy Keller o/a R. Keller and Sons Logging v. Rick Pinion, 2001 CanLII 13500

Harry Freedman

Pre-hearing production of documents ordered for a narrowed time period regarding the status of disputed employees.

The applicant sought an order for pre-hearing production of documents from the intervenor and responding party regarding the status of persons in dispute at a construction site.

The Board found the requested records arguably relevant but narrowed the time period for production to between two weeks before and one week after the application date.

The Board ordered the intervenor and responding party to produce the specified records for inspection.

Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America v. 1360351 Ontario Inc. c.o.b. as Plus Construction, 2001 CanLII 2826

Harry Freedman

Time extended to file application for review of employment standards order to pay.

The applicant sought a review of an Employment Standards Officer's order to pay.

The application was filed late due to confusion over an amendment to the order and improper filing by facsimile.

The Board found the application untimely but exercised its discretion under section 68(4) of the Employment Standards Act to extend the time for applying, noting the applicant moved promptly upon receiving the amended order and had substantial grounds for challenging the order.

Donato Salon & Spa v. Wilson, 2001 CanLII 4651

Harry Freedman

Application for review of Order to Pay paused after applicant's cheque returned for insufficient funds.

The applicant sought a review of an Order to Pay under the Employment Standards Act and provided a cheque to the Ministry of Labour.

The cheque was returned for insufficient funds.

The Board noted that under section 68(7) of the Act, an application for review is not properly made unless the required amount is paid to the Director in trust.

The Board directed the applicant to pay the amount by a specified date and to file a request for an extension of time, failing which the application would be dismissed.

1347397 Ontario Inc. o/a Willee D’s Restaurant v. Bannister, 2001 CanLII 9262

Harry Freedman

OLRBOntario Labour Relations BoardMay 16, 2001

Application for review of an employment standards officer's refusal to issue an order terminated following settlement.

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

The parties 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.

Joseph L. Jansen v. Granite Concepts Inc./Lasting Memorials, 2001 CanLII 3376

Harry Freedman

OLRBOntario Labour Relations BoardMay 16, 2001

Deadline for responses to request for reconsideration extended on consent.

The Ontario Labour Relations Board issued a procedural order extending the deadline for the parties to file responses to a request for reconsideration to June 8, 2001, based on the agreement of the parties.

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. Tyger Construction Inc., 2001 CanLII 10029

J. G. Knight

Harry Freedman

G. McMenemy