Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardApr 17, 2001

Grievance hearing adjourned to allow union to consider proceeding first with its case.

The applicant union referred a grievance to the Ontario Labour Relations Board alleging that the responding party employer discharged the grievor without just cause.

At the hearing, the Board ruled that evidence from the grievor's treating physician was not relevant.

The Board suggested the applicant might wish to proceed first with its case given the factual issues.

The applicant requested an adjournment to consider this and because the grievor's evidence would not be completed in the remaining time.

The responding party did not consent but understood the reasons.

The Board granted the adjournment, noting the parties' agreement on a cap for potential damages.

Labourers’ International Union of North America, Local 506 v. Res 2000 Structures Inc., 2001 CanLII 3614

Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardApr 11, 2001

Grievance referral withdrawn at the request of the applicant.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The Board granted the request and the referral was withdrawn.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Iroquois Steel Erectors & Welding Services, 2001 CanLII 2902

Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardApr 11, 2001

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

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.

The parties had previously resolved challenges to the voters' list with the assistance of a Labour Relations Officer.

Universal Workers Union, L.I.U.N.A. Local 183 v. Cougs Investments c.o.b. as Coughlan Homes, 2001 CanLII 7646

Harry Freedman

OLRBOntario Labour Relations BoardApr 11, 2001

Request for interim relief dismissed as the alleged termination was not part of the ongoing proceedings.

The applicant requested interim relief in relation to three ongoing proceedings under the Occupational Health and Safety Act, alleging that his employer terminated him for job abandonment.

The Board dismissed the request, finding that the termination occurred long after the incidents giving rise to the applications and was not a matter currently before the Board in these proceedings.

The dismissal was without prejudice to the applicant renewing his request upon filing the necessary material.

Ontario Public Service Employees Union v. Ministry of the Solicitor General & Correctional Services, 2001 CanLII 16488

J. G. Knight

Harry Freedman

OLRBOntario Labour Relations BoardApr 10, 2001

G. McMenemy

OLRB0 cases1993–2001

Grievance referral adjourned sine die on consent of the parties.

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

Prior to the scheduled hearing, the parties agreed to adjourn the matter to a future unspecified date.

The Board adjourned the matter sine die, noting it would be deemed terminated if not re-listed within one year.

Labourers’ International Union of North America, Local 837 v. Teperman and Sons Inc., 2001 CanLII 5521

Stanley Simpson

22 cases1981–2001

M. Patrick Moran

36 cases1982–2011

Harry Freedman

OLRBOntario Labour Relations BoardApr 6, 2001

Discharge substituted with suspension where employer failed to clearly communicate progressive discipline policy.

The grievor, an elevator mechanic with 13 years of industry seniority and 5 years of service with the employer, was discharged after leaving a construction site early without notifying the employer.

Two other employees who engaged in the same conduct received two-day suspensions.

The employer justified the discharge based on the grievor's prior disciplinary record, which consisted of a written warning and a two-day suspension issued simultaneously six weeks earlier.

The Board found that while the grievor engaged in serious culpable conduct, discharge was too severe a penalty given his length of service, the simultaneous issuance of his prior discipline, and the lack of clear communication regarding the employer's progressive discipline policy.

The Board substituted the discharge with a disciplinary suspension.

International Union of Elevator Constructors Local 90 v. Thyssen Dover Elevator Limited, 2001 CanLII 6193

Rebecca Kingdon

In Private Practice8 cases2000–2022

Jacquie Chic

8 cases2000–2001

Alicia Gordon-Fagan

20 cases1999–2019

Harry Freedman

Board finds telephone solicitor is an employee entitled to minimum wage; orders employer to pay $2,300.

The applicant sought a review of an Employment Standards Officer's refusal to issue an order to pay, arguing he was an employee owed unpaid commissions or minimum wage.

The responding employer did not appear.

The Board found the applicant was an employee who worked exclusively at the employer's premises, meaning the commissioned sales exclusion from minimum wage did not apply.

The Board calculated the applicant was entitled to the greater of his earned commissions or minimum wage for hours worked, resulting in an order for the employer to pay $2,300 in unpaid wages plus administrative costs.

Woodman v. G.R.M. Contracting Ltd., 2000 CanLII 2631

Ronald Davis

6 cases1992–2026

Malcolm Smeaton

2 cases1989–2000

Leonard Marvy

87 cases1998–2018

Barry Scanlon

1 case2000–2000

R. R. Montague

J. A. Rundle

Harry Freedman

Employer violated settlement agreement by attempting to contract out community escort services at a new privately operated jail.

The applicant union filed an application under section 96 of the Labour Relations Act to enforce a written settlement regarding the contracting out of offender transportation services.

The responding party employer argued that the settlement did not apply to community escort services at a newly built, privately operated correctional facility.

The Board found that the settlement's language regarding offender transportation services was unqualified and encompassed community escorts at all facilities, including the new one.

The Board declared that the employer violated the settlement and ordered it to amend its Request for Qualifications to retain community escort work for bargaining unit members.

Ontario Public Service Employees Union v. The Crown in Right of Ontario (Management Board of Cabinet and Ministry of Correctional Services), 2000 CanLII 13604

R. R. Montague

J. A. Rundle

Harry Freedman

Hearing adjourned and referred to a new panel after documents were inadvertently provided to the adjudicators.

The application was scheduled for a hearing before the Ontario Labour Relations Board.

Prior to the hearing, certain documents were inadvertently provided to the panel without the knowledge of the parties or the Registrar.

Due to concerns about the panel being tainted by these documents, the parties agreed to adjourn the hearing.

The Board removed and destroyed the documents from the file and referred the matter to the Registrar to be scheduled before a different panel.

Sherri Maynard v. International Association of Machinists and Aerospace Workers Local 1295, 2000 CanLII 1524

J. G. Knight

Harry Freedman

A. Haward

Board issues consent declarations and orders $20,000 payment pursuant to Minutes of Settlement.

The applicant union filed a related successor employer application and a grievance referral against the responding parties.

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

The Ontario Labour Relations Board issued declarations on consent that the responding parties constitute one employer and are bound by the applicable collective agreements.

The Board also directed the responding parties to pay $20,000 to the applicant in full and final settlement of all claims.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. 1171342 Ontario Inc., 2000 CanLII 1264

J. G. Knight

Harry Freedman

A. Haward

OLRBOntario Labour Relations BoardDec 20, 2000

Application under sections 69 and 1(4) of the Labour Relations Act adjourned sine die on consent.

The applicant brought an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

On consent 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.

Ontario Nurses’ Association v. Humber River Regional Hospital, 2000 CanLII 10598

Harry Freedman

OLRBOntario Labour Relations BoardDec 20, 2000

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 under section 68 of the Employment Standards Act.

The employer and the employee entered into Minutes of Settlement agreeing to the disbursement of $2,350.09 held in trust by the Director.

The Board ordered the funds to be disbursed in accordance with the settlement and terminated the application pursuant to section 69.1(5) of the Act.

Bryant Trailer Services Inc. v. Szczepan Kupiak, 2000 CanLII 2337

J. G. Knight

Harry Freedman

A. Haward

OLRBOntario Labour Relations BoardDec 20, 2000

Application adjourned sine die on agreement of the parties.

The applicant union filed an application under sections 69 and 1(4) 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 party requested to proceed within one year.

Power Workers’ Union v. Hydro-Electric Commission of the Town of Markham, 2000 CanLII 8915

Harry Freedman

OLRBOntario Labour Relations BoardDec 18, 2000

Motion for electronic hearing dismissed as credibility and documentary evidence were central to the dispute.

The applicant requested an electronic hearing because he had moved to Ottawa and travelling to Toronto would cause extreme hardship.

The responding parties objected.

The Board dismissed the motion, noting that the application involved a dispute over employment status which would require assessing witness credibility and cross-examination on documents.

The Board held that electronic hearings involving oral testimony should only occur in extraordinary circumstances where the Board can be assured the witness is not being assisted and can review documents.

Derrick Woodman v. G.R.M. Contracting Ltd., 2000 CanLII 10389

Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardDec 15, 2000

Grievance referral adjourned sine die on consent 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.

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

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. H. C. Barker & Sons Ltd., 2000 CanLII 9550

Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardDec 15, 2000

Hearing adjourned on consent of the parties.

The Ontario Labour Relations Board adjourned the hearing in this matter to February 16, 2001, on the agreement of the parties.

Brick and Allied Craft Union of Canada Local 2 v. Limen Masonry Limited, 2000 CanLII 6750

Harry Freedman

OLRBOntario Labour Relations BoardDec 13, 2000

Application to suspend inspector's order for a joint health and safety committee dismissed for lacking strong prima facie case.

The appellant school board applied under section 61(7) of the Occupational Health and Safety Act to suspend an inspector's order requiring it to establish a joint health and safety committee at a specific school, pending an appeal.

The appellant argued that it had a multi-site committee structure pending Ministerial approval following an amalgamation.

The Board found that while suspending the order would not likely jeopardize worker safety and the appellant would suffer prejudice, the appellant failed to establish a strong prima facie case for success on appeal because it had not yet received the required Ministerial approval for a multi-site committee under section 9(3.1).

The application for suspension was dismissed.

Upper Grand District School Board v. Ontario Secondary School Teachers’ Federation, 2000 CanLII 6694

J. G. Knight

Harry Freedman

A. Haward

OLRBOntario Labour Relations BoardDec 12, 2000

Board issues consent declarations finding employer violated collective agreement by subcontracting to non-union company.

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 party violated the collective agreement by subcontracting carpentry work to a non-union subcontractor.

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

The Board issued a consent decision declaring that the responding party was bound by the collective agreement and had violated it by subcontracting the work.

The Board ordered the responding party to pay damages to be determined by negotiation or a future hearing, and adjourned the matter.

Carpenters & Allied Workers Local 27 v. PCL Constructors Canada Inc., 2000 CanLII 8341

J. G. Knight

Harry Freedman

A. Haward