Harry Freedman

Appeal of OHSA Inspector's order withdrawn after Inspector undertook to rescind the order.

The applicant appealed an order issued by an Inspector under the Occupational Health and Safety Act.

The Inspector undertook to rescind the order, and the applicant subsequently requested to withdraw the appeal.

The Board noted the withdrawal.

Cambridge Shopping Centres Limited v. Rick Taggart, Inspector and Ministry of Labour, 2000 CanLII 4621

Harry Freedman

Appeal of inspector's order dismissed for failure to file properly completed application form.

The applicant sought to appeal an inspector's order under the Occupational Health and Safety Act by mailing a copy of the order to the Board.

The Registrar advised the applicant that the application did not comply with the Board's Rules and required a properly completed Form A-65 within 15 days, failing which the proceeding would be terminated.

The applicant failed to file the required material.

The appeal was dismissed.

Salvation Army v. Steve Nield, Inspector and Ministry of Labour, 2000 CanLII 4544

Board orders pre-hearing production of documents but declines to compel answers to questions in related employer application.

The applicant union sought an order compelling the responding parties to provide particulars and documents in advance of a hearing concerning related employer and sale of business applications under sections 1(4) and 69 of the Labour Relations Act, 1995.

The Board held that while sections 1(5) and 69(13) require responding parties to adduce material facts at the hearing, they do not oblige them to answer questions or create documents prior to the hearing.

However, the Board directed the responding parties to produce existing relevant documents for inspection by the applicant's counsel prior to the hearing, in accordance with Rule 86 of the Board's Rules of Procedure.

International Union of Bricklayers and Allied Craftworkers, Local 6 v. Marathon-Delco Inc., 2000 CanLII 8327

Harry Freedman

G. Pickell

A. Haward

Board deferred document production order pending responding parties' response to the request.

The applicant union requested an order for the production of documents in advance of a scheduled hearing for related employer and sale of business applications, as well as a grievance referral.

The Board noted that the applicant had not apparently requested the documents from the responding parties before seeking the order.

The Board directed the responding parties to file a list of documents they are prepared to produce and reasons for any refusals, after which the Board will determine the matter.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. M.R.H. Interiors Ltd. and B.L.T., 2000 CanLII 8164

Harry Freedman

Request to expedite hearing denied as applicant failed to provide compelling reasons.

The applicant applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

Counsel for the applicant requested that the hearing be expedited but did not provide grounds for doing so.

The Board noted its limited resources and the need for compelling reasons to expedite a hearing.

Finding no such reasons, the Board denied the request and referred the matter to the Registrar to be listed for hearing in the ordinary course.

Ritchie Baird v. Paul Almas et al, 2000 CanLII 7996

Harry Freedman

G. Pickell

A. Haward

Board directs representation vote in construction industry 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 is a trade union and an affiliated bargaining agent.

Based on the membership evidence, the Board was satisfied that not less than forty percent of the individuals in the proposed bargaining unit appeared to be members.

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

The Board also noted that section 8.1 of the Act does not apply to construction industry certification applications.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Top Millwork Interiors Inc., 2000 CanLII 6081

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.

On the agreement of the parties, the Board adjourned the application sine die.

The Board noted that the matter would be deemed terminated if no party requested to proceed within one year.

Sheet Metal Workers’ International Association, Local 269 v. BFC Industrial/Nicholls Radtke Ltd., 2000 CanLII 9929

Harry Freedman

G. Pickell

G. McMenemy

Consent order issued incorporating Minutes of Settlement for $6,000 in damages for collective agreement violations.

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

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

The Board issued a consent order declaring the responding parties bound by the collective agreement, declaring they violated the agreement, and directing them to pay $6,000 in damages in scheduled installments.

The International Union of Painters and Allied Trades (formerly known as the International Brotherhood of Painters and Allied Trades), District Council 46 (Local Union 1795) v. Felice Aluminum and Glass Ltd. & Rainbow Glass (Niagara) Inc., 2000 CanLII 9820

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 under section 133 of the Labour Relations Act, 1995.

On the 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 700 v. Comstock Canada Limited, 2000 CanLII 3863

J. G. Knight

Harry Freedman

G. McMenemy

Board issues consent order for unpaid wages following settlement of construction grievance.

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

Prior to the hearing, the parties entered into a Memorandum of Agreement settling the matter.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated it, and directed the payment of $1,508.60 in unpaid wages plus $150.00 in travel costs to the applicant.

Construction Workers Local 52 v. North America Construction (1993) Ltd., 2000 CanLII 4736

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral withdrawn at the request of the applicant.

The applicant requested to withdraw its referral of a grievance to the Board.

The Board granted the request and the referral was withdrawn.

Sheet Metal Workers’ International Association, Local 504 v. Norwest Contracting Limited, 2000 CanLII 1241

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 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 700 v. E.S. Fox Limited, 2000 CanLII 2050

J. G. Knight

Harry Freedman

G. McMenemy

Board directed two related employer applications against the same respondents be listed for hearing together.

The applicant union requested that its application under sections 69 and 1(4) of the Labour Relations Act, 1995 be listed for hearing and consolidated with a similar application brought by another union against the same responding parties.

The responding parties opposed consolidation, noting the presence of an intervenor in one application but not the other.

The Board directed the Registrar to list both applications to be heard together on the previously scheduled dates, leaving the ultimate determination of whether the matters should be formally consolidated to the panel seized with hearing the applications.

I.B.E.W. Construction Council of Ontario et al. v. The Foundation Company of Canada Limited et al., 2000 CanLII 13269

Harry Freedman

G. Pickell

G. McMenemy

Board granted the applicant's request to amend its name by removing the Ontario Pipe Trades Council.

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

Counsel for the applicant requested to amend the name of the applicant by deleting the reference to the Ontario Pipe Trades Council.

The Board granted the request and amended the applicant's name accordingly.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 463 v. NC Fabrication Limited, 2000 CanLII 5390

Harry Freedman

G. Pickell

G. McMenemy

Union certification granted following a successful representation vote.

The applicant union applied for certification.

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

Universal Workers Union, L.I.U.N.A. Local 183 v. Metal Tech Systems Inc., 2000 CanLII 8863

Harry Freedman

Request for production of documents deferred pending determination of preliminary motion to dismiss.

The applicant union sought production of documents from the responding union, Local 1089, including minutes of membership meetings and trust fund amendments, in relation to applications under sections 69, 1(4), 96, and 133 of the Labour Relations Act, 1995.

Local 1089 resisted production on the grounds of relevance and argued that production should not be ordered until its preliminary motion to dismiss the applications for failing to establish a prima facie case was determined.

The Board found that while some documents were arguably relevant, production would not be ordered until the preliminary motion to dismiss was decided.

The request for production was dismissed without prejudice.

United Brotherhood of Carpenters and Joiners of America, Local 1256 v. Delsan Contracting Limited, 2000 CanLII 7045

Harry Freedman

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

The applicants sought a review under section 68 of the Employment Standards Act of a refusal to issue an order.

The parties entered into 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.

Vargas-Garcia v. Express Cleaning Services Inc., 2000 CanLII 6809

Harry Freedman

Application for review of Order to Pay terminated following parties' settlement on disbursement of trust funds.

The employer applied for a review of an Order to Pay issued by an Employment Standards Officer.

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.

Leslie Mitchell Investments Inc. o/a Call Tech Answering & Service v. Deborah Lawson and Ministry of Labour, 2000 CanLII 4453

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 disburse the $357.64 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.

1165050 Ontario Inc. o/a JLS Video World v. Cheryl White and Ministry of Labour, 2000 CanLII 3936

Harry Freedman