Harry Freedman

Application for review terminated following parties' execution of binding Minutes of Settlement.

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

The parties subsequently 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.

David Naccarato v. Service Plus Auto Centre, 2001 CanLII 4872

Harry Freedman

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

Application under section 63 of the Labour Relations Act adjourned sine die on consent.

The applicants filed an application under section 63 of the Labour Relations Act, 1995.

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

Bill Leak and Rod Stenning v. United Brotherhood of Carpenters and Joiners of America, Local 1946, 2001 CanLII 20359

Harry Freedman

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

Appeal withdrawn at the request of the appellant.

The appellant requested to withdraw the appeal.

The Ontario Labour Relations Board granted the request and the appeal was withdrawn.

Patty Berry v. Liquor Control Board of Ontario, 2001 CanLII 15854

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 15, 2001

Representation vote directed in construction industry certification application after responding party failed to file response.

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.

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 directed that a representation vote be taken among the eligible employees in the industrial, commercial, and institutional sector and other sectors in the specified geographic areas.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Amlin Contracting Ltd., 2001 CanLII 15863

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 15, 2001

Representation vote ordered in construction industry certification application after employer failed 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.

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent in the proposed bargaining unit.

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

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Con Lawn Construction & Landscaping Inc., 2001 CanLII 17394

Harry Freedman

Extension of time granted for filing an application for review of an Employment Standards Officer's decision.

The applicant sought a review of an Employment Standards Officer's refusal to issue an order to pay for unpaid wages.

The application was filed four days after the 45-day statutory deadline.

The applicant requested an extension of time, explaining that he had attempted to obtain information and assistance from the Board prior to the deadline and had mailed the application by registered mail one day after the deadline.

The Board found that the applicant had formed the intention to apply and took consistent steps within the time limit.

Noting that the application raised serious issues regarding the applicant's work records, the Board granted the extension of time and referred the matter to the Registrar.

Steven McJannet v. Piconeri Contractors Limited, 2001 CanLII 18789

Harry Freedman

Appeal of inspector's order dismissed as it was filed one day beyond the strict 30-day statutory limit.

The appellant sought to appeal an order made by a Ministry of Labour inspector under the Occupational Health and Safety Act.

The appeal was delivered to a courier on the 29th day but was not received by the Board until the 31st day after the order was made.

The Board dismissed the appeal, holding that section 61(1) of the Act imposes a strict 30-day time limit for filing an appeal and the Board has no statutory authority to extend this time limit.

Cambridge Towel Corporation v. Richard Den Bok, Inspector and the Ministry of Labour, 2001 CanLII 12928

J. G. Knight

Harry Freedman

G. McMenemy

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

The applicant union applied for certification.

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

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application for certification and directed the employer to post copies of the decision.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Integral Utilities Inc., 2001 CanLII 13764

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die on consent of the parties.

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

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

The application will be deemed terminated if neither party requests to proceed within one year.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Giffin Contractors, 2001 CanLII 3397

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die on agreement of the parties.

The applicant referred a grievance to the Board for determination 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 no request to proceed was made within one year.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Comstock Canada Ltd., 2001 CanLII 17677

Harry Freedman

G. Pickell

G. McMenemy

Board sets schedule for submissions on request to clarify decision and confirms undisputed work assignment.

The responding unions requested clarification and an amendment of a previous Board decision, arguing the Board inadvertently failed to deal with tending work claimed by members of Local 1059 in connection with stone masonry restoration work.

The applicant indicated it wished to make further submissions on the issue.

The Board directed the applicant to file its submissions and set a schedule for reply.

Additionally, as no party notified the Registrar of a desire to proceed with the dispute over tending work associated with scaffolding erection, the Board confirmed the assignment of that work.

Clifford Restoration Limited v. Brick and Allied Craft Union of Canada, 2001 CanLII 4171

Harry Freedman

G. Pickell

G. McMenemy

Grievance referral adjourned sine die on agreement of the parties.

The applicant union referred a grievance to the Board for determination 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 no party requested to proceed within one year.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Ontario Fireproofers Ltd., 2001 CanLII 13329

Harry Freedman

G. Pickell

G. McMenemy

Work assignment application withdrawn by leave of the Board following minutes of settlement.

The applicant union filed an application concerning a work assignment under section 99 of the Labour Relations Act, 1995.

Following an earlier adjournment, the parties entered into minutes of settlement.

The Ontario Labour Relations Board granted leave to withdraw the application pursuant to section 99(2) of the Act.

Ontario Public Service Employees Union v. Timmins and District Hospital, 2001 CanLII 11600

Harry Freedman

G. Pickell

G. McMenemy

Union permitted to withdraw certification application after representation vote; one-year bar may apply.

The applicant union sought leave to withdraw its application for certification after a representation vote had been held and the ballot box sealed.

The Ontario Labour Relations Board granted the request to withdraw pursuant to section 7(8) of the Labour Relations Act, 1995, and noted the potential application of the one-year bar under section 7(10) for any subsequent applications.

Bricklayers, Masons Independent Union of Canada Local 1 v. Res 2000 Structures, 2001 CanLII 11855

Harry Freedman

G. Pickell

G. McMenemy

Request for reconsideration dismissed; Board had authority to decide without a hearing and properly considered submissions.

The applicant requested reconsideration of a prior Board decision, arguing that the Board ignored certain submissions regarding the need for a hearing and the application of area practice evidence.

The Board clarified that it had the authority to determine the matter without a hearing or viva voce evidence and had considered and rejected the applicant's submissions.

The Board also noted that the applicant had no established employer practice in the relevant geographic area.

The request for reconsideration was dismissed.

Clifford Restoration Limited v. Brick and Allied Craft Union of Canada, 2001 CanLII 19430

Harry Freedman

G. Pickell

G. McMenemy

Grievance referral adjourned sine die on agreement of the parties.

The applicant referred a grievance to the Board for determination 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 no request to proceed was made within one year.

The International Union of Painters and Allied Trades, District Council 46 v. M. L. Painting & Decorating Ltd., 2001 CanLII 9548

Harry Freedman

OLRBOntario Labour Relations BoardMay 10, 2001

Reconsideration of bargaining unit description denied as union failed to raise numerical limitation issue earlier.

The Sudbury Professional Fire Fighters Association, Local 527 applied for reconsideration of a Board decision describing its bargaining unit, seeking to clarify a numerical limitation on the exclusion of Assistant Fire Chiefs.

The City of Greater Sudbury opposed the request, arguing the need for expedition and finality under the Public Sector Labour Relations Transition Act.

The Board dismissed the application for reconsideration, finding that Local 527 failed to raise compelling submissions that could not reasonably have been advanced earlier during the initial hearing.

Canadian Union of Public Employees and its Local 4705 v. City of Greater Sudbury, 2001 CanLII 16594

Harry Freedman