Harry Freedman

Harry Freedman

G. McMenemy

Board grants union's request to add multiple corporate entities as responding parties to related employer application.

The applicant union sought to add several corporate entities as responding parties to a related employer application and a construction industry grievance referral.

The Board granted the request under Rule 48 of its Rules of Procedure, finding it advisable to ensure all potentially affected corporate entities were parties to the proceedings.

The Board also extended the time for the newly added responding parties to file their responses to the grievance referral until after the related employer application is determined.

International Union of Bricklayers and Allied Craftsmen v. Canning Contracting Limited, 2000 CanLII 6419

Harry Freedman

G. Pickell

G. McMenemy

Application withdrawn at the request of the applicant.

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

The Board granted the request and the application was withdrawn.

Angus Hartery on behalf of Employees of Metro Railing Ltd. v. Local 27 Carpenters and Allied Workers Union, 2000 CanLII 7787

Harry Freedman

G. Pickell

G. McMenemy

Default judgment granted against employers for unpaid wages and unremitted contributions under collective agreement.

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 employers failed to pay proper wages and remit required contributions under the provincial collective agreement.

The responding parties failed to file a Request for Hearing and Notice of Intent to Defend/Participate.

Pursuant to the Board's Rules of Procedure, the responding parties were deemed to have accepted all facts stated in the application.

The Board found the responding parties bound by the collective agreement, declared they had violated it, and ordered them to pay $25,458.68 in damages plus $1,500 in costs.

International Union of Bricklayers and Allied Craftworkers, Local 2 v. 620230 Ontario Inc., 2000 CanLII 10656

J. G. Knight

Harry Freedman

G. McMenemy

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

The applicant trade union applied for certification as the bargaining agent for a unit of journeymen and electrical apprentices employed by the responding party in the construction industry.

Following a second 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 granted the application.

Pursuant to section 160(1) of the Act, the Board issued two certificates: one for the industrial, commercial and institutional sector across Ontario, and another for all other sectors in the specified geographic areas.

International Brotherhood of Electrical Workers, Local 353 v. Elco-Tech Inc., 2000 CanLII 6530

J. A. Rundle

OLRB0 cases1986–2001

Harry Freedman

D. A. Patterson

OLRB0 cases1986–2001

Motion to dismiss sale of business claim for lack of prima facie case denied.

The responding parties and intervenor brought a motion to dismiss the applicant's claim of a 'sale of a business' under section 69 of the Labour Relations Act, 1995, arguing it failed to establish a prima facie case.

The application also sought a related employer declaration under section 1(4).

The Board noted the frequent overlap between section 1(4) and section 69 allegations and the statutory obligation on responding parties to adduce material facts regarding a sale.

The Board exercised its discretion to dismiss the motion to dismiss without determining if a prima facie case was established, allowing the section 69 claim to proceed alongside the section 1(4) claim.

Drywall Acoustic Lathing and Insulation Local 675 v. Robert D. Kelso, 2000 CanLII 9223

J. G. Knight

Harry Freedman

A. Haward

Representation vote ordered in construction industry certification application; ballot box sealed pending status determination.

The applicant 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, despite a discrepancy in the union's name on the membership evidence.

The Board ordered a representation vote for the proposed bargaining unit of construction labourers, but directed that the ballot box be sealed pending determination of the applicant's trade union status and the correct name of the responding party.

Universal Workers Union, L.I.U.N.A. Local 183 v. The Torchin Group, 2000 CanLII 9380

J. G. Knight

Harry Freedman

A. Haward

Representation vote ordered in construction industry certification application after union met membership threshold.

The applicant 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 an irregularity in one membership document, 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 determined the appropriate bargaining unit and directed that a representation vote be taken.

Labourers’ International Union of North America, Local 506 v. Chem-Seal Tec. Corporation, 2000 CanLII 10943

Harry Freedman

Board lacks jurisdiction to waive statutory requirement to pay order amount in trust before review.

The applicant employer sought to appeal an Employment Standards Officer's Order to Pay without first paying the ordered amount in trust, as required by the Employment Standards Act.

The applicant also requested a stay of enforcement.

The Ontario Labour Relations Board dismissed the requests, finding it lacked jurisdiction to waive the statutory requirement under s. 68(7) of the Act to pay the amount in trust before proceeding with a review, and lacked jurisdiction to stay the Ministry's enforcement efforts.

Veriana Verburg o/a The Port Colborne Shopper v. Kim Wilson Piper, Employment Standards Officer and Ministry of Labour, 2000 CanLII 7250

Harry Freedman

Application to intervene in an Occupational Health and Safety Act appeal adjourned to the hearing panel.

The applicant appealed an inspector's order directing it to provide a Notice of Project as a constructor under the Occupational Health and Safety Act.

The Canadian Institute of Public and Private Real Estate Companies (CIPPREC) sought to intervene in the appeal, arguing its members have a direct and substantial interest in the outcome regarding the definition of a constructor.

The Ministry of Labour opposed the intervention.

Due to insufficient time before the scheduled hearing, the Board adjourned the intervention application to be determined by the panel hearing the appeal.

Minto Yorkville Inc. v. Mike Bibeau, Inspector and Ministry of Labour, 2000 CanLII 9926

Harry Freedman

G. Pickell

G. McMenemy

Default judgment granted against employer for unpaid wages and 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, 1995, alleging the responding employer failed to remit benefit contributions and pay proper wage rates.

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 responding party was deemed to have accepted all facts stated in the application.

The Board declared the employer bound by the collective agreement, found it in violation, and ordered it to pay $8,616.34 in unpaid wages and benefits, plus $214.00 for filing fees.

The International Union of Painters and Allied Trades (former known as The International Brotherhood of Painters and Allied Trades), District Council 46 (Local Union 1891) v. M & M Systems Interiors, 2000 CanLII 10073

Harry Freedman

G. Pickell

G. McMenemy

Uncontested related employer declaration granted binding both entities to the collective agreement.

The applicant union sought a declaration under sections 69 and 1(4) of the Labour Relations Act, 1995 that the responding parties were related employers.

The responding parties did not file a response and their principal agreed with the facts set out in the application.

The Board declared that the responding parties carry on associated or related activities under common control and direction, and are one employer bound by the applicable collective agreement.

Sheet Metal Workers’ International Association, Local 30 v. Don Truax Sheet Metal Ltd., 2000 CanLII 5476

Harry Freedman

G. Pickell

G. McMenemy

Board orders responding employers to produce corporate documents but denies production request against intervenor union.

The applicant union sought production of documents from the responding parties and the intervenor in the context of a related employer and sale of business application.

The Board ordered the responding parties to produce documents relating to their corporate and business structure, commercial transactions, and labour relations, finding them arguably relevant to the application.

The Board declined to order the intervenor to produce documents relating to its bargaining rights, as the applicant's bargaining rights were restricted to the ICI sector and would not affect the intervenor's rights.

International Union of Bricklayers and Allied Craftworkers, Local 31 v. 1249762 Ontario Inc. o/a Mega City Tiling, 2000 CanLII 4756

Harry Freedman

G. Pickell

G. McMenemy

Hearing adjourned to ensure responding party received proper notice of the grievance referral.

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

Due to difficulties in confirming that the responding party received the notice of hearing, the applicant requested an adjournment.

The Board granted the adjournment to ensure the responding party had proper notice and rescheduled the hearing.

United Brotherhood of Carpenters and Joiners of America, Local 494 v. P.S.P. Erectors Inc., 2000 CanLII 10767

Mark Wright

49 cases1993–2022

Lisa Triano

16 cases2000–2025

Harold Tomsett

1 case2000–2000

Craig Morrison

3 cases1997–2023

Harry Freedman

Union member's fair referral complaint dismissed as referrals were not under a collective agreement.

The applicant, a union member, filed an application alleging that his union breached section 75 of the Labour Relations Act by improperly referring other members ahead of him on the out-of-work list to jobs at a Honda assembly plant.

The Board dismissed the application on two grounds.

First, the referrals were not made pursuant to a collective agreement, as the union was not bound by the collective agreement governing the work.

Second, the applicant lacked standing to complain because he was too far down the out-of-work list to have been referred even if the union had followed its procedures correctly.

Maurice Doyon v. International Brotherhood of Electrical Workers, Local 1788, 2000 CanLII 8777

Harry Freedman

G. Pickell

G. McMenemy

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

The applicant union filed an application for certification.

A representation vote was held, and not more than fifty percent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

Consequently, the Ontario Labour Relations Board dismissed the application.

A one-year bar on subsequent applications was imposed, subject to an agreement between the parties allowing a new application between April 15, 2000, and September 8, 2000.

International Union of Operating Engineers, Local 793 v. Rainone Construction Limited, 2000 CanLII 10378

Harry Freedman

G. Pickell

G. McMenemy

Representation vote ordered in construction industry certification application; ballots to be segregated pending employer identity determination.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995, seeking to represent electricians and apprentices employed by the responding parties.

The applicant also sought a single employer declaration.

The Board found that the applicant appeared to have the requisite membership support and ordered a representation vote, directing that the ballots be segregated pending determination of the identity of the employer and jurisdictional issues.

International Brotherhood of Electrical Workers, Local 353 v. Brothers & Wright Electrical Services Inc., 2000 CanLII 6832

Harry Freedman

G. Pickell

G. McMenemy

Union certified as bargaining agent following successful representation vote in the construction industry.

The applicant union applied for certification to represent a bargaining unit of construction employees of the responding party.

Following a representation vote in which 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 certified the applicant as the bargaining agent for the agreed-upon bargaining unit.

Construction Workers Local 52 affiliated with Christian Labour Association of Canada v. GMS General Maintenance Services, 2000 CanLII 9187

Harry Freedman

G. Pickell

G. McMenemy

Grievance referral withdrawn at the request of the applicant union.

The applicant union requested to withdraw its referral of a grievance to the Ontario Labour Relations Board.

The Board granted the request and the referral was withdrawn.

International Union of Operating Engineers, Local 793 v. Rainone Construction Limited, 2000 CanLII 9932

Sven Spengemann

2 cases2000–2000

Richard J. Nixon

18 cases1982–2005

Mohamed Baksh

3 cases1997–2001

Marie Kelly

12 cases1990–2001

Jim Richardson

2 cases2000–2000

Harold F. CalEy

12 cases1980–2000

Claude Cournoyer

4 cases1998–2001

Brian Christie

7 cases1984–2001

A. M. Minsky, Q. C.

8 cases1984–2000

Harry Freedman