Harry Freedman

OLRBOntario Labour Relations BoardFeb 29, 2000

Time to apply for review of Order to Pay extended where applicant initially miscalculated statutory deductions.

The applicant sought a review of an Employment Standards Officer's Order to Pay but initially miscalculated the statutory deductions, resulting in an incorrect payment to the Director in trust.

After discussions, the applicant paid the correct amount, but outside the statutory time limit.

The Ontario Labour Relations Board exercised its discretion under section 68(4) of the Employment Standards Act to extend the time for applying for the review, noting the applicant's timely initial attempt and the nature of the error.

The matter was referred to the Registrar for further processing.

Mainline Services Inc. v. Paschali, 2000 CanLII 7338

Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardFeb 29, 2000

Grievance referral withdrawn at the request of the applicant.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The Board granted the request and the referral was withdrawn.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. 1105945 Ontario Ltd. c.o.b. as System Drywall & Acoustics, 2000 CanLII 6695

Harry Freedman

OLRBOntario Labour Relations BoardFeb 29, 2000

Duty of fair representation complaint dismissed for undue delay after being resurrected two years post-withdrawal.

The applicant filed a duty of fair representation complaint against the union regarding a 1995 grievance.

The applicant had previously filed an identical complaint in 1996, which he withdrew without prejudice in 1997.

The union and the employer moved to dismiss the current application for undue delay.

The Board exercised its discretion to refuse to inquire into the application, finding that the applicant provided no satisfactory explanation for waiting more than two years after the withdrawal to resurrect the same allegations.

Joseph Giordano v. Canadian Auto Workers Local 27 (CAW) Canada), 2000 CanLII 6891

J. G. Knight

Harry Freedman

G. McMenemy

Application withdrawn at the request of the applicant.

The applicant requested to withdraw its application before the Ontario Labour Relations Board.

The Board granted the request and the application was withdrawn.

The International Brotherhood of Painting and Allied Trades v. Lakeland Industrial Cleaning Ltd., 2000 CanLII 1102

Harry Freedman

G. Pickell

A. Haward

Union certification application dismissed after failing to secure majority in representation vote.

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.

A one-year bar on further certification applications by the applicant was imposed.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Conquest Carpet Corp., 2000 CanLII 10020

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 under section 68 of the Employment Standards Act.

The employer and the employee entered into Minutes of Settlement agreeing 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 pursuant to section 69.1(5) of the Act.

509796 Ontario Limited Operating as Hi-Tech Controls (London) v. Raymond Eaton, 2000 CanLII 2810

Harry Freedman

G. Pickell

G. McMenemy

Grievance referral dismissed without prejudice because the attached grievance belonged to a different local union.

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

However, the written grievance attached to the application was filed on behalf of a different local union and referred to different job sites than those alleged in the application.

As there was no evidence that a written grievance by the applicant had been delivered to the responding parties prior to the referral, the Board dismissed the application without prejudice to the applicant filing a proper referral.

International Union of Bricklayers and Allied Craftworkers, Local 10 v. 620230 Ontario Inc. o/a TS Masonry, 2000 CanLII 4160

Harry Freedman

Ministry of Labour directed to produce employer's document binder for inspection prior to hearing.

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

Prior to the hearing, the applicant's agent requested production of a binder of documents submitted by the employer, which the Officer had referenced in his narrative report but which the applicant had never received.

The Board, exercising its powers under sections 68(19) and 63(1)(b) of the Employment Standards Act, directed the Ministry of Labour and the Employment Standards Officer to produce the binder for inspection.

Michael Beckford v. Burger King Restaurants of Canada Inc., 2000 CanLII 7957

Harry Freedman

Application withdrawn at the request of the applicant.

The applicant requested to withdraw the application.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

Louis G. Sabean v. Don Coffey Sales Ltd., 2000 CanLII 2403

J. G. Knight

Harry Freedman

G. McMenemy

Hearing adjourned sine die on consent of all parties pending resolution of underlying jurisdictional dispute.

The applicant union filed a grievance against the responding party employer, with another union intervening.

Counsel for the applicant advised the Board that all parties consented to the intervenor's request to adjourn the scheduled hearing pending the resolution of the underlying jurisdictional dispute.

The Board granted the request and adjourned the matter sine die, noting it would be deemed terminated if no party requested to proceed within one year.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 508 v. E. S. Fox Limited, 2000 CanLII 9328

Harry Freedman

G. Pickell

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.

Universal Workers Union, LIUNA Local 183 v. Con Strada Construction Inc., 2000 CanLII 2247

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 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 Ontario Labour Relations Board ordered the funds disbursed in accordance with the settlement and terminated the application.

Don Coffey Sales Limited v. Louis G. Sabean, 2000 CanLII 9297

J. G. Knight

Harry Freedman

G. McMenemy

Application withdrawn at the request of the applicant.

The applicant requested to withdraw its application.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

The International Brotherhood of Painting and Allied Trades and the Ontario Council of the International Brotherhood of Painters and Allied Trades, Local 1671 v. Lakeland Industrial Cleaning Ltd., and Ceda-Reactor Ltd., 2000 CanLII 2181

Harry Freedman

Application for review of Order to Pay will be dismissed if statutory payment into trust is not made.

The applicant filed an application for review of an Employment Standards Officer's Order to Pay but failed to pay the ordered amount to the Director in trust, as required by section 68(7) of the Employment Standards Act.

The Ontario Labour Relations Board held that the application could not proceed without proof of payment.

The Board directed that the application would be dismissed if the required payment or an acceptable letter of credit was not provided by the statutory deadline.

1333518 Ontario Inc. o/a Casa D’or Restaurant v. DePatie, 2000 CanLII 9205

Harry Freedman

G. Pickell

G. McMenemy

Application adjourned sine die on agreement of the parties.

The applicant union filed an application before the Ontario Labour Relations Board.

On agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if neither party requested to proceed within one year.

Universal Workers Union, L.I.U.N.A. Local 183 v. Diamante Urban Corporation, 2000 CanLII 7956

Harry Freedman

G. Pickell

G. McMenemy

Application adjourned sine die on consent of the parties.

The Ontario Labour Relations Board adjourned the application sine die 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.

Labourers’ International Union of North America, Local 183 v. Tribeca on the Upper East Side Inc. and Rosteract (Don Mills) Construction Inc., 2000 CanLII 5085

Harry Freedman

G. Pickell

G. McMenemy

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

The applicant trade union applied for certification to represent carpenters and carpenters' apprentices employed by the responding party.

Following a representation vote where more than 50 per cent 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 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 District of Thunder Bay.

United Brotherhood of Carpenters and Joiners of America, Local Union 1669 v. North West Installations Inc., 2000 CanLII 5110

Harry Freedman

G. Pickell

G. McMenemy

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.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. 1333975 Ontario Inc. Operating as Niveau Construction, 2000 CanLII 5127

Harry Freedman

G. Pickell

G. McMenemy