Harry Freedman

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 11, 2000

Board ordered applicant to file facts disputing union's timeliness objection before directing representation vote.

The applicant applied to terminate the bargaining rights of the responding union.

The union asserted that the intervenor employer was bound by the ICI provincial agreement, which would make the application untimely.

The Board noted that the bargaining unit descriptions provided by the applicant and intervenor were unclear and did not resemble the ICI provincial agreement unit.

Before directing a representation vote, the Board ordered the applicant to file a statement of facts disputing the union's assertion regarding the ICI provincial agreement, failing which the application would be dismissed.

Wayne Robert Reid v. Ontario Sheet Metal Workers Conference, 2000 CanLII 8844

Harry Freedman

OLRBOntario Labour Relations BoardMay 11, 2000

Request for reconsideration dismissed for being filed out of time without explanation.

The Ministry of Labour filed a request for reconsideration of a Board decision extending the time for the applicant to review an Order to Pay.

The request was filed almost two months after the 20-day deadline prescribed by Rule 96 of the Board's Rules of Procedure.

The Ministry did not request an extension of time or provide any explanation for the delay.

The Board dismissed the request for reconsideration.

846045 Ontario Inc. operating as Condom Companion v. Karen Reid, 2000 CanLII 8149

Harry Freedman

OLRBOntario Labour Relations BoardMay 11, 2000

Application for review of order to pay dismissed for failure to pay amount in trust.

The applicant sought a review of two Orders to Pay issued by an Employment Standards Officer, which found her liable as a director for unpaid wages.

The applicant filed the application form late and failed to pay the ordered amount in trust or provide a letter of credit, stating she had no money.

The Board dismissed the application, holding that under section 68(7) of the Employment Standards Act, it has no jurisdiction to proceed with or extend the time for a review application unless the required payment or letter of credit is provided.

Deborah Patricia Malcolm v. Dan Baston et al, 2000 CanLII 10473

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referrals adjourned sine die pending outcome of related employer and sale of business application.

The applicant union filed an application for related employer and sale of business declarations under sections 1(4) and 69 of the Labour Relations Act, 1995, along with four related grievance referrals under section 133.

The applicant requested that the grievance referrals be held in abeyance pending the outcome of the declaratory application and waived the applicable time limits.

The Board granted the request, adjourning the grievance referrals sine die and extending the time for the responding parties to file their responses.

Drywall Acoustic Lathing and Insulation Local 675 v. R.J. Wilcox Partitions & Ceiling Systems Inc., 2000 CanLII 2877

Harry Freedman

Application for reconsideration dismissed due to untimely filing and failure to meet reconsideration criteria.

The applicant sought reconsideration of a Board decision that dismissed his application.

The request for reconsideration was filed beyond the 20-day time limit stipulated in the Board's Rules of Procedure.

The applicant claimed ignorance of the time limit and sought to introduce a seniority list and reasons for withdrawing an earlier application.

The Board found that ignorance of the rules was not a valid reason to extend the time limit.

Furthermore, the Board held that even if the application were timely, it would be dismissed because the new evidence and arguments could have been presented earlier and would not have changed the original decision.

Joseph Giordano v. Canadian Auto Workers Local 27 (CAW) Canada, 2000 CanLII 8537

J. G. Knight

Harry Freedman

G. McMenemy

Board declares two sheet metal companies a single employer and bound by collective agreement.

The applicant union sought declarations under sections 1(4) and 69 of the Labour Relations Act that the responding parties were a single employer and that a sale of a business had occurred.

The responding parties failed to file a response and previously signed a Memorandum of Agreement consenting to the declarations.

The Board determined the application without a hearing, finding that the responding parties carried on associated or related activities under common control and direction.

The Board issued declarations that the responding parties are a single employer, that a sale of part of a business occurred, and that both are bound by the applicable collective agreement.

Sheet Metal Workers’ International Association, Local 30 v. Inter Wide Sheet Metal Ltd., 2000 CanLII 1186

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.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Blenkhorn-Sayers, a division of Sayers & Associates Limited, 2000 CanLII 1697

Harry Freedman

Time to file application for review extended where applicant initially filed outdated forms on time.

The applicant sought an extension of time to file an application for review of an Order to Pay under section 68 of the Employment Standards Act.

The applicant originally filed outdated forms with payment on October 19, 1999, which were returned.

After a second set of forms was allegedly lost, the applicant filed a third set on March 22, 2000.

The Board found that the applicant had intended to apply on time and moved promptly to correct the errors.

The Board exercised its discretion under section 68(4) of the Act to extend the time for making the application to March 22, 2000.

Rich-Wood Kitchens Limited v. Lupa, 2000 CanLII 5281

Harry Freedman

Time to file employment standards review application extended where delay was short and caused by counsel's miscalculation.

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

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

The applicant's counsel requested an extension of time, citing a miscalculation of the deadline.

The Board granted the extension under section 68(4) of the Employment Standards Act, finding that the short delay, the lack of prejudice to the employer, and the prejudice to the applicant justified extending the time.

Derrick Woodman v. G.R.M. Contracting Ltd., 2000 CanLII 3833

J. G. Knight

Harry Freedman

G. McMenemy

Board directs representation vote in construction industry certification application after responding party fails to file response.

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

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 at least forty percent in the proposed bargaining unit.

The Board directed that a representation vote be taken among the eligible employees in the voting constituency.

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. 539243 Ontario Ltd., 2000 CanLII 9654

J. G. Knight

Harry Freedman

A. Haward

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.

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.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belrock Construction Limited, 2000 CanLII 8206

Harry Freedman

Board reconsiders representation vote direction to correct voter eligibility date to the application filing date.

The Ontario Labour Relations Board reconsidered its previous decision directing a representation vote to correct the voter eligibility date.

The application for certification was filed on May 2, 2000, not May 3, 2000, so the Board amended the eligibility date to May 2, 2000.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Castle Rock Developments Inc., 2000 CanLII 6302

J. G. Knight

Harry Freedman

G. McMenemy

Representation vote ordered in construction industry certification application despite minor membership evidence irregularities.

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.

Despite minor irregularities in some membership evidence, the Board found that not less than forty per cent of the individuals in the proposed bargaining unit appeared to be members of the applicant.

The Board directed that a representation vote be taken.

International Union of Painters and Allied Trades, Glaziers Local 1819 v. W.C.H. Access Systems Inc., 2000 CanLII 6352

Harry Freedman

Time extended for employer to file application for review of Employment Standards Officer's Order to Pay.

The applicant sought a review of an Order to Pay issued by an Employment Standards Officer.

The applicant notified the Board of its intention to seek review promptly after becoming aware of the Order, but the initial application was not on the proper form.

The applicant subsequently filed the correct form and made the requisite payment.

The Board extended the time for making the application for review to the date the completed application and payment were filed.

DirectQuote Insurance Agency Inc. v. Pearl Subhan, 2000 CanLII 9905

Harry Freedman

Application adjourned sine die following parties' agreement to adjourn scheduled hearing dates.

The applicants filed an application under section 96 of the Labour Relations Act, 1995.

The parties agreed to adjourn the scheduled hearing dates but did not request that the matter be rescheduled.

The Board adjourned the application sine die, noting it would be deemed terminated without further notice if no party requested to proceed within one year.

Aloia Bros. Concrete Contractors Inc. v. Labourers’ International Union of North America, Local 183, 2000 CanLII 10077

Harry Freedman

OLRBOntario Labour Relations BoardMay 8, 2000

Representation vote directed in construction industry certification application; ballot box sealed pending employer identity determination.

The applicant trade union applied for certification under the construction industry provisions of the Labour Relations Act, 1995.

The Board found that the applicant filed sufficient membership evidence to demonstrate that not less than forty percent of the individuals in the proposed bargaining unit were members.

However, due to a dispute over the correct identity of the employer among three entities, the Board could not determine the appropriate bargaining unit at this stage.

The Board directed that a representation vote be taken, with the ballots segregated and the ballot box sealed pending agreement on the employer's identity or further direction.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Castle Rock Developments Inc., 2000 CanLII 8536

Harry Freedman

OLRBOntario Labour Relations BoardMay 8, 2000

Representation vote directed in application to terminate sheet metal workers' bargaining rights.

The applicant filed an application under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party's bargaining rights for a unit of sheet metal workers employed by the intervenor.

The Board found the application timely and that not less than forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken.

Wayne Robert Reid v. Ontario Sheet Metal Workers Conference, 2000 CanLII 7679

Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardApr 14, 2000

Application adjourned sine die on consent of the parties.

The Ontario Labour Relations Board adjourned the application sine die based on the agreement of the parties.

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. Concord Kitchens Ltd., 2000 CanLII 4234

Harry Freedman