Harry Freedman

OLRBOntario Labour Relations BoardJan 31, 2000

Adjournment granted on consent due to medical leave of responding party's counsel.

The Ministry of the Solicitor General & Correctional Services requested an adjournment of the scheduled hearings due to the medical leave of its counsel.

The Ontario Public Service Employees Union consented to the adjournment, noting that the matter had been previously discussed with all parties.

The Ontario Labour Relations Board granted the adjournment, cancelling the hearing dates in January and February 2000, and ordered that the hearings continue on the previously scheduled dates in June.

Ontario Public Service Employees Union v. Ministry of the Solicitor General & Correctional Services, 2000 CanLII 7428

J. G. Knight

Harry Freedman

A. Haward

OLRBOntario Labour Relations BoardJan 28, 2000

Application withdrawn at the request of the applicant.

The applicant requested to withdraw its application against the responding parties.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

Ontario Sheet Metal Workers’ and Roofers’ Conference Sheet Metal Workers’ International Association v. Atlantic Roofers Ontario Ltd., 2000 CanLII 9633

Stephen C. Raymond

6 cases1994–2000

Rick Honsberger

2 cases2000–2000

Lisa Triano

16 cases2000–2025

John MacLeod

2 cases2000–2000

Jim Simmons

4 cases2000–2001

Howard Goldblatt

In Private Practice102 cases1984–2025

Bruce Carpenter

4 cases2000–2001

Bridget Lynett

6 cases2000–2000

B. Casselman

2 cases2000–2000

Harry Freedman

OLRBOntario Labour Relations BoardJan 27, 2000

City's OHSA appeal dismissed upon withdrawal; timetable set for Association's interim order request regarding firefighter staffing.

The Board heard two appeals under section 61 of the Occupational Health and Safety Act regarding orders issued by an inspector concerning firefighter staffing.

The City withdrew its appeal after the inspector issued a subsequent decision finding the City in compliance.

The Board dismissed the City's appeal.

The Association maintained its appeal of the inspector's subsequent decision and requested an interim order regarding minimum staffing levels.

The Board established a timetable for written submissions on the interim order request and scheduled hearing dates for the Association's appeal.

Thorold Professional Fire Fighters’ Association v. Corporation of the City of Thorold, 2000 CanLII 12304

Sean Fitzpatrick

11 cases1994–2021

S. Duguay

Nick E. Milanovic

3 cases2000–2001

M. Quealey

Marcelle Goldenberg

2 cases1992–2000

Kees W. Kort

7 cases1986–2000

Diana Broadbent

Debra Elliott

Harry Freedman

OLRBOntario Labour Relations BoardJan 26, 2000

Consultation adjourned to allow parties to resolve disputed material facts regarding collective agreements.

The applicants and responding unions made an application under section 27 of the Public Service Labour Relations Transition Act, 1997 to resolve a dispute regarding which collective agreements apply to the bargaining units.

During the consultation, a significant material fact was found to be in dispute.

The parties agreed to meet and attempt to reach an agreement on the relevant facts.

The Board adjourned the consultation to allow the parties to continue their discussions.

Penetanguishene General Hospital Inc. v. Canadian Union of Public Employees, 2000 CanLII 6496

Joseph Liberman

Suspended Administratively53 cases1980–2001

Jay Rider

8 cases1999–2001

Elizabeth M. Mitchell

8 cases1987–2000

Harry Freedman

OLRBOntario Labour Relations BoardJan 26, 2000

Application for sale of business and related employer declarations dismissed after key personnel left unionized contractor.

The applicant union sought a declaration that the responding parties Beldin and Alverio were bound by the collective agreements between the union and Concept, either as a result of a sale of a business or because they were related employers under common control and direction.

The Board found that the departure of two key individuals from Concept to start their own businesses did not constitute a sale of a business, as Concept continued to operate successfully without them and they did not take Concept's work or customers.

The Board also declined to make a single employer declaration, finding that Concept and the new businesses were not under common control and direction, and the union's bargaining rights with Concept remained intact.

The application was dismissed.

International Brotherhood of Electrical Workers Local 353 v. CSE Corporation c.o.b. as Concept Systems Electric, 2000 CanLII 7427

Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJan 25, 2000

Consent order issued directing the employer to pay $14,161.56 for unpaid collective agreement remittances.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to make required contributions and remittances.

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

The Board issued a consent order declaring the employer bound by the collective agreement, finding a violation for unpaid remittances, and directing the employer to pay $14,161.56 in scheduled installments.

Labourers’ International Union of North America, Local 527 v. Durie Tile & Marble Limited, 2000 CanLII 4107

Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJan 24, 2000

Consent order issued declaring responding parties a single employer and ordering $10,000 for union security violations.

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

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

The Board issued a consent order declaring that the responding parties constitute a single employer bound by the applicable collective agreements.

The Board also declared that the responding parties violated the union security provisions and ordered them to pay $10,000 in damages in accordance with the settlement schedule.

International Brotherhood of Electrical Workers, Local 353 v. Tesla Electric Ltd., 2000 CanLII 1620

Harry Freedman

OLRBOntario Labour Relations BoardJan 19, 2000

Grievance referral withdrawn following execution of minutes of settlement.

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

On the day scheduled for the continuation of the hearing, the parties and the grievor executed minutes of settlement.

In accordance with the settlement, the referral and grievance were withdrawn on agreement.

United Brotherhood of Carpenters and Joiners of America, Lake Ontario District Council v. Ontario Power Generation – Darlington, 2000 CanLII 9332

Kristin Taylor

22 cases1995–2018

Heidi-Lazar-Meyu

Brian Blumenthal

8 cases1999–2011

Adrian Jenko

Harry Freedman

OLRBOntario Labour Relations BoardJan 19, 2000

Application for review of refusal to issue order to pay dismissed due to applicant's non-attendance.

The applicant sought a review of an Employment Standards Officer's refusal to issue an order to pay under section 68 of the Employment Standards Act.

The applicant failed to attend the scheduled hearing.

After waiting the customary time, the Board convened the hearing in the presence of counsel for the responding parties.

As the applicant was absent without explanation and no evidence was presented to support the application, the Board dismissed the application for review.

Gainer v. Deutsche Morgan Grenfell Canada Limited, 2000 CanLII 6533

Harry Freedman

OLRBOntario Labour Relations BoardJan 19, 2000

Application for review of Order to Pay terminated following settlement between employer and employee.

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

The employer and the employee subsequently entered into Minutes of Settlement, agreeing to 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.

Agincourt Nissan Limited v. Kimberley Lee, 2000 CanLII 8081

Harry Freedman

G. Pickell

OLRBOntario Labour Relations BoardJan 13, 2000

G. McMenemy

OLRB0 cases1993–2001

Hearing adjourned on consent due to illness of responding party's counsel.

The applicant brought an application under section 91 of the Labour Relations Act, 1995 concerning a work assignment.

On the morning of the hearing, counsel for the Ironworkers was unable to attend due to illness and sought an adjournment.

The parties agreed to the adjournment, and the Board adjourned the hearing to February 10, 2000.

International Brotherhood of Electrical Workers, Local 105 v. Jervis B. Webb Company of Canada Ltd., 2000 CanLII 10338

S. Morrison

2 cases1998–2000

G. Tubman

Frank A. Angeletti

10 cases1993–2016

Christopher M. Little

7 cases1997–2017

C. Flood

4 cases1988–2005

B. Christie

6 cases1990–2000

Harry Freedman

Applicants bear the burden of proving the existence of a voluntary recognition agreement in related employer applications.

In an application for related employer and sale of business declarations, the responding parties raised a preliminary issue regarding the burden of proof to establish the existence of a collective agreement.

The applicants argued that the responding parties bore the burden under sections 1(5) and 69(13) of the Labour Relations Act, 1995.

The Board held that the applicants bear the initial burden of proving the existence of the voluntary recognition agreement that created the bargaining rights upon which they rely.

The Board also made procedural directions regarding document production and scheduled further hearing dates.

Ontario Pipe Trades Council v. Darryl Gueguen c.o.b. as Countryside Plumbing & Heating, 2000 CanLII 7349

Harry Freedman

G. Pickell

A. Haward

Interim order granted directing responding parties to produce documents for inspection in related employer application.

The applicant union requested an interim order directing the responding parties to produce documents for inspection in relation to a grievance referral and an application for declaratory relief under sections 69 and 1(4) of the Labour Relations Act, 1995.

The Board found the requested documents arguably relevant and ordered the responding parties to produce them for inspection by the applicant's counsel.

Labourers’ International Union of North America, Local 527 v. Herve Pomerleau Ciments & Tuiles De Beauce Enr., 2000 CanLII 10537

Harry Freedman

G. Pickell

A. Haward

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.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Mallet Millwork Inc., 2000 CanLII 7149

Harry Freedman

Application for review of Order to Pay adjourned sine die to allow employer to pursue funds.

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

The applicant had withheld the employee's final pay and subsequently obtained a civil judgment against the employee for an amount exceeding the Order to Pay.

The applicant requested that the funds held in trust by the Director be returned to it.

The Board noted it lacked authority to order the Director to pay the funds to the applicant in this proceeding, but adjourned the matter sine die to allow the applicant to contact the Ministry of Labour or seek a settlement.

Bay City Sound & Vision v. Barrault, 2000 CanLII 6543

Harry Freedman

Application to review a 1993 Employment Standards Act order dismissed for failure to file proper forms and extreme delay.

The applicant filed a letter seeking to review a 1993 order to pay under the Employment Standards Act, which resulted in the seizure of its bank account in 1999.

The Board returned the application because it was not filed on the proper forms and gave the applicant 20 working days to refile.

The applicant failed to respond within the stipulated time.

The Board dismissed the application due to the failure to file proper forms within the time limit and the extreme delay in seeking review of a six-and-a-half-year-old order.

Gaston H. Poulin Contractor Limited v. Ministry of Labour, 2000 CanLII 6499

Harry Freedman

OLRBOntario Labour Relations BoardJan 10, 2000

Application for review of Order to Pay terminated following parties' 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 funds held in trust, with the majority going to the employee and a portion to the Consolidated Revenue Fund.

The Board ordered the disbursement of funds in accordance with the settlement, subject to any objection from the Ministry of Labour.

As the settlement disposed of all issues, the application was terminated pursuant to section 69.1(5) of the Act.

On Stage Theatres Canada Inc. v. Ron Arnold and Ministry of Labour, 2000 CanLII 13578

Harry Freedman

OLRBOntario Labour Relations BoardJan 10, 2000

Appeal of OHSA inspector's order withdrawn following settlement between the parties.

The applicant appealed an inspector's order under section 61 of the Occupational Health and Safety Act and requested a suspension of the order.

The parties subsequently reached a settlement and filed an agreement with the Board.

The applicant requested leave to withdraw the proceedings, which the Board granted.

MT Food Services Ltd. v. Lisa Briggs, 2000 CanLII 2772

Harry Freedman