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 under section 68 of the Employment Standards Act.

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.

Golden Hands Custom Millwork Inc. v. Rouhani, 2000 CanLII 3545

Harry Freedman

Application for review terminated following parties entering into binding Minutes of 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 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.

Lorena Carey v. Konica Technologies, 2000 CanLII 3231

Harry Freedman

Board refers applicant's request for an electronic hearing to the panel assigned to hear the application.

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

The applicant's counsel requested that the upcoming hearing be conducted by telephone conference due to the applicant's relocation to Ottawa and employment schedule.

The Board noted its authority to conduct electronic hearings under the Statutory Powers Procedure Act and its Rules of Procedure.

The Board directed the other parties to provide any submissions on the request within five days and referred the determination of the hearing format to the panel assigned to hear the application.

Derrick Woodman v. G.R.M. Contracting Ltd., 2000 CanLII 2980

Default judgment issued against employer for $27,488.93 in unpaid benefit contributions and vacation pay.

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

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 issued a default decision.

The Board declared the responding party bound by the collective agreement, found it in violation, and ordered it to pay $27,488.93 in unpaid contributions plus $214.00 in costs.

The International Union of Painters and Allied Trades, District Council 46 v. Surkeuss Painting and Decorating, 2000 CanLII 5486

Harry Freedman

Board orders applicants to produce employee service records and contracts relevant to transition dispute.

In an application under the Public Sector Labour Relations Transition Act, 1997, the responding parties requested an order directing the applicants to provide particulars regarding the employment history and service records of certain employees.

The Board found the requested information to be arguably relevant to the issues in dispute and ordered the applicants to produce the specified employee lists, service records, and employment contracts prior to the scheduled consultation.

The Hydro-Electric Commission of the City of Nepean et al. v. IBEW Local 636, Unit 54 et al., 2000 CanLII 7185

J. G. Knight

Harry Freedman

A. Haward

Default judgment granted against employer for failure to remit benefit contributions under collective agreement.

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

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Proceeding by default, the Board accepted the applicant's allegations, declared that the employer violated the collective agreement, and ordered the payment of $13,856.87 in outstanding contributions and penalties, plus $214.00 in costs.

Sheet Metal Workers’ International association, Local 30 v. Coolbreeze Air Conditioning and Heating, 2000 CanLII 1459

Harry Freedman

G. Pickell

A. Haward

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

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

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 552 v. 1443080 Ontario Ltd., 2000 CanLII 6192

J. G. Knight

Harry Freedman

A. Haward

OLRBOntario Labour Relations BoardDec 6, 2000

Board directs responding employers to produce relevant documents prior to related employer and sale of business hearing.

The applicant trade union sought a declaration under sections 69 and 1(4) of the Labour Relations Act, 1995, and requested an order for the production of documents from the responding employers prior to the hearing.

The Board directed the responding parties to file a list of documents they were prepared to produce and those they refused to produce, and to make the available documents ready for inspection by the applicant's counsel prior to the hearing.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Lopes Drywall and Acoustics Inc., 2000 CanLII 2382

J. G. Knight

Harry Freedman

A. Haward

OLRBOntario Labour Relations BoardDec 6, 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.

Accordingly, the Board directed that a representation vote be taken among the eligible employees.

International Brotherhood of Electrical Workers, Local Union 353 v. Optimum Electrical Contractors, 2000 CanLII 1432

Harry Freedman

OLRBOntario Labour Relations BoardDec 6, 2000

Application for review of Order to Pay dismissed as untimely with no basis for extension.

The applicant filed an application for review of an Employment Standards Officer's Order to Pay more than 45 days after the date of the Order.

Despite being notified by the Registrar of the untimeliness and given an opportunity to provide reasons for an extension of time under section 68(4) of the Employment Standards Act, the applicant failed to make any submissions on the issue.

The Ontario Labour Relations Board declined to exercise its discretion to extend the time and dismissed the application as untimely.

The Hardwood Flooring Centre Inc. v. Stephane Veilleux, 2000 CanLII 5282

J. David Watson

19 cases1986–2020

A.M. Minsky

11 cases1980–2008

J. G. Knight

Harry Freedman

OLRBOntario Labour Relations BoardDec 5, 2000

G. McMenemy

OLRB0 cases1993–2001

Board directs employer to assign security glazing installation work to Glaziers based on area practice.

The applicant union filed a jurisdictional dispute under section 99 of the Labour Relations Act regarding the assignment of security glazing installation work at a correctional facility.

The work had been assigned to the applicant's members, but the responding Glaziers union claimed the work.

The Board dismissed preliminary motions regarding reasonable apprehension of bias and requests for adjournment.

On the merits, the Board found that the overwhelming area practice in Board Area 8 favoured the Glaziers for interior installation of transparent materials.

The Board directed the employers to assign the disputed work to members of the Glaziers.

Carpenters and Allied Workers Local 27 v. Ontario Council of the International Union of Painters and Allied Trades, 2000 CanLII 8731

J. G. Knight

Harry Freedman

A. Haward

OLRBOntario Labour Relations BoardDec 5, 2000

Hearing adjourned due to Board's administrative errors in serving the responding party.

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

The Board attempted to serve the responding party with the Confirmation of Filing but encountered facsimile and courier errors.

As a result, the responding party did not receive the necessary forms in time for the scheduled hearing.

The Board adjourned the hearing to allow the responding party sufficient time to file a Request for Hearing and Notice of Intent to Defend.

Universal Workers Union, L.I.U.N.A., Local 183 v. Jag Construction Ltd., 2000 CanLII 2717

J. G. Knight

Harry Freedman

A. Haward

OLRBOntario Labour Relations BoardDec 5, 2000

Representation vote directed in construction industry certification application pending determination of union status.

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

As the applicant had not previously established its status as a trade union under its new name, the Board deferred the status determination but directed a representation vote.

The Board determined the appropriate voting constituency by including geographic areas where employees were working on the application date, specifically Board Areas 2, 7, and 8, while excluding Board Area 6.

The International Union of Painters and Allied Trades v. Engineered Coatings Ltd., 2000 CanLII 8120

J. G. Knight

Harry Freedman

A. Haward

Employer ordered to pay unpaid remittances and costs after failing to respond to grievance referral.

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

The responding employer failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the employer was deemed to have accepted all facts stated in the application.

The Board found the employer bound by the Provincial Collective Agreement and liable for unpaid remittances.

The Board ordered the employer to pay $921.64 in unpaid remittances and liquidated damages, plus $714.00 in costs.

United Brotherhood of Carpenters and Joiners of America, Local 494 v. Galbro Construction Services Inc., 2000 CanLII 4129

J. G. Knight

Harry Freedman

A. Haward

Employer ordered to pay benefit fund contributions and costs in default grievance referral proceeding.

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 employer failed to remit contributions to the benefit trust fund as required by the collective agreement.

The responding party failed to file a response or 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 that the responding party violated the collective agreement and ordered it to pay $6,579.59 in damages and $214.00 in costs.

Sheet Metal Workers’ International Association, Local 30 v. Atlantic HVAC Systems Ltd., 2000 CanLII 1110

Harry Freedman

Occupational Health and Safety Act appeals withdrawn at the appellant's request.

The appellant filed two appeals under section 61 of the Occupational Health and Safety Act against the United Steelworkers of America, Local 1005, an inspector, and the Ministry of Labour.

The Ontario Labour Relations Board noted that the appeals were withdrawn at the request of the appellant.

Stelco Inc. Hilton Works v. United Steelworkers of America, Local 1005, 2000 CanLII 6076

Jonathan Cocker

13 cases2000–2023

Harry Freedman

Application for termination pay dismissed as employee's physical altercation with co-worker constituted wilful misconduct.

The applicant sought review of an Employment Standards Officer's refusal to issue an order to pay termination pay against her former employer.

The employer terminated the applicant without notice, alleging she engaged in wilful misconduct by pushing another employee twice during a workplace altercation.

The applicant denied the allegations and claimed she was set up.

The Board found the employer's witnesses credible and concluded the applicant did push the co-worker.

Given a prior disciplinary suspension for pinching another employee, the Board held the applicant's actions constituted wilful misconduct under the Employment Standards Act, disentitling her to notice or pay in lieu thereof.

The application was dismissed.

Helen V. Calaguas v. Emu Plastic Limited, 2000 CanLII 5483

Harry Freedman

OLRBOntario Labour Relations BoardNov 30, 2000

Application for review terminated after parties entered into binding Minutes of 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.

Eissa Keryakos v. Maple Screw Products, 2000 CanLII 4265

Winston G. Mattis

7 cases2000–2005

Karima Chatur

53 cases1999–2001

Harry Freedman

OLRBOntario Labour Relations BoardNov 30, 2000

Adjournment of employment standards appeal granted on consent.

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

The responding employee requested an adjournment because she would be out of the country.

The applicant took no position and the Ministry of Labour consented.

The Board granted the adjournment and referred the matter to the Registrar to fix a new hearing date and assign a Labour Relations Officer to attempt a settlement.

Vonica Daley v. Bolatito Ogunleye, 2000 CanLII 2537

Harry Freedman