Harry Freedman

Application withdrawn at the request of the applicant.

The applicant requested to withdraw the employment standards application.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

Jeffrey A. Johnson v. Imperial Oil Limited, 2000 CanLII 1512

Harry Freedman

Hearings adjourned pending a stated case to the Divisional Court for contempt due to non-compliance.

The Board previously determined that two responding parties failed to comply with its orders and directed that a stated case be brought to the Divisional Court for contempt.

Due to an administrative oversight, the Board's solicitors were not instructed to initiate the proceedings.

The Board adjourned the scheduled hearings pending the disposition of the application to the Divisional Court, as no useful purpose would be served by continuing the hearings before the contempt matter was resolved.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 46 v. A & E Plumbing Ltd., 2000 CanLII 8581

Harry Freedman

Application for review of an Order to Pay terminated following Minutes of Settlement between parties.

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 to resolve the matter, agreeing on the disbursement of funds held in trust by the Director.

The Board ordered the funds to be disbursed in accordance with the settlement, subject to any objections from the Ministry of Labour, and terminated the application pursuant to section 69.1(5) of the Act.

Global Wood Concepts Ltd. v. Thangarajah. Kajendirarajh, 2000 CanLII 3173

Applicant directed to provide evidence of facsimile delivery of grievance referral materials.

The applicant filed a referral of a grievance to the Board, claiming to have delivered over 125 pages of materials to the responding party by facsimile transmission.

The responding party advised the Board that it did not receive the documents.

The Board directed the applicant to provide evidence establishing that the documents were actually received by the responding party, failing which the referral would be dismissed.

Universal Workers Union, L.I.U.N.A. Local 183 v. Mardave Construction (1990) Ltd., 2000 CanLII 1079

Harry Freedman

Application for review of Order to Pay terminated following parties' settlement agreement.

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 $825.00 held in trust by the Director.

The Board ordered the funds disbursed according to the settlement and terminated the application under section 69.1(5) of the Act.

Kevin Davidson (Stable) v. Gilles Roy, 2000 CanLII 4114

Harry Freedman

Applications withdrawn following the filing of Minutes of Settlement.

The applicants sought to withdraw their applications against the responding parties following the filing of Minutes of Settlement.

The Ontario Labour Relations Board granted the request and the applications were withdrawn.

Williams v. Ramada Hotel Toronto Airport, 2000 CanLII 10932

J. G. Knight

Harry Freedman

G. McMenemy

Representation vote directed in construction industry certification application, with ballots sealed pending status dispute.

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

Despite some irregularities in the 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 responding party argued it had no employees and that the workers were independent contractors.

The Board directed a representation vote, with the ballots to be segregated and the ballot box sealed pending determination of the workers' employment status and the appropriate bargaining unit.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Conquest Carpet Corp., 2000 CanLII 9625

Harry Freedman

Time to apply for review of Order to Pay extended due to incorrect information on form.

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

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

The applicant argued that it attempted to deliver the application within the deadline but was hindered by an outdated address provided on the Order to Pay form.

The Board noted that the form also provided incorrect information regarding the calculation of the 45-day period.

Given that the Ministry of Labour provided incorrect information on an outdated form, the Board exercised its discretion under section 68(4) of the Employment Standards Act to extend the time for making the application.

1286839 Ontario Ltd. o/a Innovative Business Centers v. McKinnon, 2000 CanLII 4231

Harry Freedman

Application for review of Order to Pay dismissed for failure to file the proper form.

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

The Registrar advised the applicant that the application was not on the proper form and directed it to file the correct form within 20 working days.

The applicant failed to file the necessary material by the specified date.

The Board dismissed the application for failing to comply with the Board's Rules of Procedure.

Metrohome Design Builders Ltd. v. Ministry of Labour, 2000 CanLII 2838

J. G. Knight

Harry Freedman

G. McMenemy

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

The applicant union filed an application for certification.

Following a representation vote where not more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.

A one-year bar on subsequent certification applications by the union was imposed.

International Union of Operating Engineers, Local 793 v. Elgin Construction Limited, 2000 CanLII 6716

Harry Freedman

Extension of time granted to review Order to Pay where applicant was unaware of its issuance.

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 order was issued 10 months after the applicant's business closed and was sent to the former business address.

The applicant only became aware of the order over four years later when a collection agency served a third-party demand on its bank.

The Board found that the applicant moved expeditiously upon learning of the order and granted the extension of time.

846045 Ontario Inc. operating as Condom Companion v. Reid, 2000 CanLII 4802

J. G. Knight

Harry Freedman

G. McMenemy

Representation vote ordered in construction industry certification application, with 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 responding party failed to file a response.

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 but directed that the ballot box be sealed pending determination of the applicant's trade union status and the membership evidence ambiguity.

Universal Workers Union, L.I.U.N.A. Local 183 v. Trexcon Construction (1997) Limited, 2000 CanLII 7803

J. G. Knight

Harry Freedman

G. McMenemy

Representation vote directed 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 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.

Construction Workers Local 53 affiliated with Christian Labour Association of Canada v. General Maintenance Services Inc., 2000 CanLII 6379

J. G. Knight

Harry Freedman

G. McMenemy

Request to amend grievance referral to proceed without a hearing following default dismissed due to prejudice.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, initially indicating it did not want the matter determined without a hearing if the responding party defaulted.

After the responding party failed to file a timely response, the applicant sought leave to amend its referral to request a determination without a hearing and to add statements supporting its $17,000 damages claim for unpaid remittances.

The Board dismissed the request to amend, finding it would prejudice the responding party who may have relied on the initial indication, and noting the damages claim lacked sufficient material facts.

The matter was directed to proceed to the scheduled hearing.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Ashwood Roofing Ltd., 2000 CanLII 3812

J. G. Knight

Harry Freedman

G. McMenemy

Motion for an extension of time to produce documents granted as it would not delay the hearing.

The responding parties requested a one-month extension of time to comply with a Board order requiring the production of documents.

The applicant opposed the extension, citing the responding parties' failure to post notices or file a response.

The Board granted the extension, noting that the production order was broad and covered documents dating back more than 10 years.

The Board found that the extension would not delay the hearing scheduled for late May, as the applicant would still have almost three months to review the documents.

Labourers’ International Union of North America, Local 527 v. Herve Pomerleau Ciments & Tuiles De Beauce Enr., 2000 CanLII 10225

Harry Freedman

Request for pre-hearing document production deferred as premature pending settlement discussions.

The applicant employer sought an order for the production of company log books allegedly removed by the claimant, which were relied upon by the Employment Standards Officer in issuing an Order to Pay.

The Board held that while it has the power to direct production of documents under the Employment Standards Act, it was premature to do so before the parties met with a Labour Relations Officer to attempt settlement.

The request for production was deferred.

Extender Minerals of Canada Ltd. v. Carriere, 2000 CanLII 5293

Harry Freedman

Appeal adjourned sine die for up to one year pending completion of equivalency study protocols.

The applicant appealed an order under section 61 of the Occupational Health and Safety Act.

Following discussions, the parties agreed to request an adjournment sine die pending the applicant's completion of equivalency study protocols.

The Board granted the request, adjourning the appeal sine die for up to one year, after which it will be deemed terminated if no party requests a hearing.

Sifto Canada Inc. v. Al Thibert and Ministry of Labour, 2000 CanLII 1552

Harry Freedman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardFeb 7, 2000

Board directs representation vote, finding certification application and supporting documents sent by courier were filed concurrently.

The applicant union filed an application for certification in the construction industry.

The application form was delivered to the Board on February 1, 2000, while the required membership evidence and employee list were sent via Priority Courier on the same day but received on February 2.

The Board held that under its Rules of Procedure, documents sent by Priority Courier are deemed filed on the date they are sent.

Consequently, all materials were filed on the same day and the application was complete.

Finding that the union had the requisite support, the Board directed a representation vote.

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128 v. N.G.P. Steel Inc., 2000 CanLII 9204

Harry Freedman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardFeb 7, 2000

Matter remains adjourned sine die pending final disposition of related proceedings.

The applicant requested that the matter remain adjourned sine die pending the final disposition of a related Board file, which had recently been quashed by the Divisional Court.

The Board confirmed that the related matter had not been finally determined and ordered that the current matter remain adjourned sine die, to be deemed terminated thirty days after the final disposition of the related matter unless a party requests to proceed.

International Union of Elevator Constructors Local No. 90 and Ed King v. Otis Canada Inc., 2000 CanLII 3318

Harry Freedman