Harry Freedman

G. Pickell

OLRBOntario Labour Relations BoardOct 6, 2000

G. McMenemy

OLRB0 cases1993–2001

Board directs counsel to fulfill undertaking to provide franchisor's corporate name for related employer application.

The applicant union sought the correct corporate name and address of the head franchisor from the responding party owner in order to file a related employer application under section 1(4) of the Act.

Counsel for the owner had undertaken to provide this information but subsequently refused on instructions from her client.

The Board directed the owner and its counsel to provide the information forthwith, noting that counsel is bound by the Rules of Professional Conduct to strictly and scrupulously carry out undertakings given in the course of litigation.

Carpenters and Allied Workers Local 27 v. 3576698 Canada Inc., 2000 CanLII 9496

R. R. Montague

OLRB0 cases1986–2001

J. A. Ronson

OLRB0 cases1980–2001

Harry Freedman

OLRBOntario Labour Relations BoardOct 5, 2000

Board dismissed requests for declarations and fines in a duty of fair representation complaint.

The applicant filed an unfair labour practice complaint alleging the union breached its duty of fair representation by withdrawing her discharge grievance.

The union requested that the Board dismiss the applicant's claims for declarations that the collective agreement violated section 54 of the Act, that the union violated section 76 of the Act, and for a $10,000 fine, arguing these claims did not disclose a prima facie case.

The Board agreed, finding no factual allegations to support the section 54 and 76 claims, and noting it lacked jurisdiction to impose fines.

The Board dismissed these specific remedial requests and referred the remaining duty of fair representation complaint to a Labour Relations Officer for settlement efforts.

Primrose Palmer v. Service Employees International Union, Local 204, 2000 CanLII 8935

Harry Freedman

OLRBOntario Labour Relations BoardOct 5, 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 the Employment Standards Act.

The employer and the responding employees entered into Minutes of Settlement to disburse the funds held in trust by the Director.

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

Dunkin’Donuts v. Blackman, 2000 CanLII 13599

R. R. Montague

OLRB0 cases1986–2001

J. A. Ronson

OLRB0 cases1980–2001

Harry Freedman

OLRBOntario Labour Relations BoardOct 5, 2000

Duty of fair representation complaint dismissed for failing to plead facts establishing a prima facie case.

The applicant filed a duty of fair representation complaint alleging the union acted arbitrarily during an arbitration hearing concerning his discharge.

The union and the employer moved to dismiss the application for failing to disclose a prima facie case.

The Board found that the applicant's allegations—that the employer used legal counsel and the union representative was not as emphatic as the employer's counsel—did not constitute facts supporting arbitrary conduct.

The motion was allowed and the application was dismissed.

Asmond Tulloch v. United Steelworkers of America Local 3129, 2000 CanLII 7810

Harry Freedman

OLRBOntario Labour Relations BoardOct 3, 2000

Adjournment maintained despite employee's objection due to prompt request and lack of prejudice.

The applicant employer requested an adjournment of the scheduled hearing, which the Board granted.

The responding employee subsequently objected to the adjournment, arguing that the applicant failed to obtain his consent and delayed in seeking it.

The Board reconsidered the adjournment request in light of the employee's objection but maintained its decision to adjourn the hearing.

The Board noted it has overriding discretion to grant adjournments without consent, the applicant made the request promptly upon receiving the hearing date, and the short two-week delay caused little prejudice to the employee.

Alfield Industries Ltd. v. MacAngus, 2000 CanLII 8957

P. Daly

1 case2000–2000

Norman L. Jesin

14 cases1983–2003

Donna M. D’Andrea

8 cases2000–2017

Harry Freedman

G. Pickell

OLRBOntario Labour Relations BoardOct 3, 2000

G. McMenemy

OLRB0 cases1993–2001

Certification hearing adjourned to be listed with forthcoming related employer application after witness testimony contradicted submissions.

In an application for certification in the construction industry, a dispute arose regarding the identity of the employer.

During the hearing, testimony from the responding party's witness contradicted its earlier written submissions regarding its relationship with the construction contractor.

Consequently, the applicant indicated its intention to file a related employer application under section 1(4) of the Labour Relations Act, 1995.

The Board adjourned the hearing and referred the matter to the Registrar to be listed together with the forthcoming section 1(4) application.

Carpenters and Allied Workers Local 27 v. 3576698 Canada Inc., 2000 CanLII 10263

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 under section 68 of the Employment Standards Act.

The employer and the employee entered into Minutes of Settlement agreeing to disburse the $11,000 held in trust.

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

Honda of Canada Mfg. v. Oakley, 2000 CanLII 7323

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 under section 68 of the Employment Standards Act.

The employer and the employee entered into Minutes of Settlement agreeing to disburse the $943.85 held in trust by the Director.

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

The Banker & the Bandit Limited v. Bacha, 2000 CanLII 5348

Harry Freedman

Application for review of Order to Pay terminated following parties' settlement and consent disbursement order.

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 disburse the $11,000 held in trust by the Director.

The Board ordered the funds disbursed in accordance with the settlement, with $3,250 to the employer, $6,750 to the employee, and $1,000 retained by the Consolidated Revenue Fund, and terminated the application.

Orillia and District Association for Community Living v. Marchildon, 2000 CanLII 4889

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 under the Employment Standards Act.

The employer and the employee 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.

Aramark Canada Ltd. v. Elliot, 2000 CanLII 3506

Harry Freedman

Application for review of Order to Pay terminated following Minutes of Settlement between employer and employee.

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 disbursement of the funds held in trust by the Director in accordance with the settlement and terminated the application.

Allkind Enterprises Inc. v. Jim Ronaldson, 2000 CanLII 2551

Harry Freedman

G. Pickell

A. Haward

Board orders employer to post $10,000 bond for delinquent benefit remittances in default grievance proceeding.

The applicant referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding party failed to post a bond for delinquent benefit plan remittances as required by the collective agreement.

The responding party failed to file a response.

Proceeding by default, the Board accepted the applicant's facts, declared the responding party in violation of the collective agreement, and ordered it to post a $10,000 bond and pay costs.

United Brotherhood of Carpenters and Joiners of America, Local 1256 v. City Acoustics Limited, 2000 CanLII 9143

Harry Freedman

Preliminary request granted to hear federal jurisdiction objection first, but parties must be prepared for merits.

The applicant sought review of an Order to Pay under the Employment Standards Act.

The applicant requested that its preliminary objection to jurisdiction—asserting it is a federally regulated employer because it provides truck drivers to extraprovincial common carriers—be heard before the merits.

The Board agreed it was sensible to deal with jurisdiction first, but directed the parties to be prepared to proceed on the merits at the scheduled hearing, leaving the final procedure to the hearing panel.

Unique Personnel Services Inc. v. Rae Seaton, 2000 CanLII 3861

Harry Freedman

G. Pickell

A. Haward

Certificate issued to applicant union following successful representation vote in construction industry bargaining unit.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board ordered that a certificate issue to the applicant for the specified construction industry bargaining unit.

Allied Construction Employees, Local 1030, United Brotherhood of Carpenters and Joiners of America v. T. F. Structures Group Inc., 2000 CanLII 8233

Harry Freedman

Application for review of Employment Standards Officer's decision dismissed as untimely.

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

The application was filed beyond the 45-day statutory time limit.

The Board notified the applicant of the untimeliness and provided an opportunity to request an extension of time.

The applicant did not respond.

The Board dismissed the application as untimely.

Chris Mellows v. Interior Accents, 2000 CanLII 7344

J. G. Knight

Harry Freedman

A. Haward

Union certification granted following a successful representation vote in the construction industry.

The applicant union applied for certification as the bargaining agent for employees of the responding party in the construction industry.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board issued two certificates pursuant to section 160(1) of the Labour Relations Act.

One certificate was issued for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the specified geographic areas.

International Union of Operating Engineers, Local 793 v. Miracle Construction Limited, 2000 CanLII 8424

J. G. Knight

Harry Freedman

G. McMenemy

OLRB0 cases1993–2001

Union certification granted following a successful representation vote among construction labourers.

The applicant union applied for certification as the bargaining agent for construction labourers employed by the responding party.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Board ordered the issuance of two certificates pursuant to section 160(1) of the Act.

One certificate was issued for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the specified geographic areas.

Labourers’ International Union of North America, Local 1059 v. Miracle Construction Limited, 2000 CanLII 9236

Harry Freedman

Application adjourned sine die on consent of the parties.

The appellant appealed an inspector's order or decision.

On the 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.

Thorold Professional Fire Fighters’ Association v. Corporation of the City of Thorold, 2000 CanLII 9302

Harry Freedman