Harry Freedman

OLRBOntario Labour Relations BoardFeb 19, 1999

G. McMenemy

OLRB0 cases1993–2001

Consent order granted for fixed damages but interest denied due to lack of clear calculation formula.

The applicant union referred a construction industry grievance to the Board.

The parties reached a settlement and requested a consent order, including a declaration of collective agreement violations and an order for the responding party to pay $17,028.95 in damages plus interest calculated according to a collective agreement clause.

The Board granted the requested declarations and the fixed damages amount but declined to order the payment of interest, finding that the requested interest order was not clear, precise, or capable of enforcement.

The Board allowed the parties 15 days to file an agreement setting out the actual amount of interest or a clear calculation formula.

International Brotherhood of Electrical Workers, Local 353 v. Triple-A-96-Electric Ltd., 1999 CanLII 19958

Ronald Davis

6 cases1992–2026

Rick Marrison

1 case1999–1999

Paul Eddy

2 cases1999–1999

Nick Tefoglou

1 case1999–1999

Laura Williams

3 cases1999–2001

Andrea Esson

26 cases1988–2019

Harry Freedman

OLRBOntario Labour Relations BoardFeb 1, 1999

Preliminary motions to dismiss health and safety appeals regarding jail staffing denied.

The appellants appealed decisions made by Ministry of Labour inspectors regarding work refusals and staffing assignments at the Whitby Jail under the Occupational Health and Safety Act.

The responding parties brought preliminary motions to dismiss the appeals on the grounds that they were premature and did not establish a prima facie case.

The Board dismissed the preliminary motions, finding that orders had been made or refused by the inspectors, and that the appellants had established an arguable case regarding the application of the Act to the staffing decisions.

Robert Gordon and Ontario Public Service Employees Union v. Ministry of Solicitor General and Correctional Services (Whitby Jail), 1999 CanLII 19963

Gary Caroline

26 cases1988–2012

J. G. Knight

OLRB0 cases1998–2001

Harry Freedman

OLRBOntario Labour Relations BoardNov 25, 1998

G. McMenemy

OLRB0 cases1993–2001

Employer ordered to deposit $20,000 bond due to frequent delinquency in benefit fund remittances.

The applicant union referred two grievances to the Board under section 133 of the Labour Relations Act, 1995, seeking an order that the responding party employer deposit a $20,000 bond pursuant to the collective agreement due to frequent delinquency in benefit fund remittances.

The first grievance was settled.

On the second grievance, the Board found that the employer had been frequently delinquent and that the trustees had properly exercised their discretion to require the bond.

The Board ordered the employer to deposit the $20,000 bond and pay $2,500 in costs.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Calorific Construction Ltd., 1998 CanLII 18270

L. A. Richmond

78 cases1983–2001

A. Bowker

8 cases1998–2023

Harry Freedman

OLRBOntario Labour Relations BoardNov 18, 1998

Employer and its principal found jointly and severally liable for collective agreement breaches and unpaid remittances.

The applicant union brought multiple applications and grievance referrals against the responding corporate employer and its principal for failing to abide by collective agreements, including failing to make remittances and hiring non-union members.

The Board found that the corporate employer and its principal, acting on behalf of the employer, violated sections 70 and 72 of the Labour Relations Act.

The Board ordered the responding parties to jointly and severally pay damages of $40,374.72, deposit cash bonds with trust funds, and produce relevant documents.

Labourers' International Union of North America, Local 1059 v. 715241 Ontario Limited, 1998 CanLII 18276

Ian Werker

18 cases1987–2016

Frank Micoli

1 case1998–1998

David McKee

85 cases1980–2000

David Cowling

43 cases1993–2022

Brian Christie

7 cases1984–2001

Harry Freedman

OLRBOntario Labour Relations BoardSep 22, 1998

Union's bargaining rights terminated in ICI sector; prior related employer declaration did not constitute single employer declaration.

The applicant sought to terminate the responding party union's bargaining rights.

The Board ruled that the application related only to the industrial, commercial, and institutional (ICI) sector of the construction industry, as there were no employees in other sectors on the application date.

The Board also determined that a prior settlement and decision declaring the employer and another entity to be 'related employers' did not constitute a 'single employer' declaration under section 1(4) of the Labour Relations Act.

Consequently, the application could proceed in respect of the bargaining rights relating only to the specific employer in the ICI sector.

Following a representation vote where a majority opposed the union, the Board declared that the union no longer represented the employees.

Paul Decesare v. The Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, 1998 CanLII 18391

Susan Ursel

44 cases1985–2024

R. Avinoam

1 case1990–1990

Murray Gold

16 cases1986–2013

M. Patrick Moran

36 cases1982–2011

Ivars Starsts

1 case1990–1990

A. E. Golden

1 case1990–1990

W. Gibson

J. Kennedy

OLRB0 cases1983–1990

Harry Freedman

OLRBOntario Labour Relations BoardFeb 26, 1990

Board dismisses unlawful strike and OHSA reprisal complaints arising from rodmen's refusal to wear belly-hooks.

The Electrical Power Systems Construction Association, Ontario Hydro, and Gilbert Steel Limited filed complaints against the Iron Workers Local 721 regarding an alleged unlawful strike arising from the rodmen's refusal to wear belly-hooks.

The union filed a cross-complaint under the Occupational Health and Safety Act, alleging the employer unlawfully penalized the rodmen for refusing unsafe work.

The Ontario Labour Relations Board dismissed the employer's applications, exercising its discretion not to grant relief since the work stoppage had ceased and damages could be pursued through grievance arbitration.

The Board also dismissed the union's health and safety complaint, finding that the rodmen's blanket refusal to wear the belly-hook—even when their assigned work did not require its use—was not based on a reasonable belief that merely wearing the equipment was likely to endanger themselves or others.

The Electrical Power Systems Construction Association v. International Association of Bridge, Structural and Ornamental Iron Workers Local 721, 1990 CanLII 5648

Richard I. Charney

3 cases1986–1995

Lionel G. Clarke

2 cases1986–1989

L. C. Arnold

38 cases1980–1992

A. M. Minsky, Q. C.

8 cases1984–2000

A. J. Ahee

18 cases1986–2001

W. Gibson

Harry Freedman

C. A. Ballentine

OLRBOntario Labour Relations BoardNov 2, 1989

Installation of storm sewers on private property falls within the sewers and watermains sector.

The Ontario Labour Relations Board determined a preliminary issue in a jurisdictional dispute regarding the installation of storm sewers and manholes on private property at a General Motors plant.

The complainant argued the work fell within the industrial, commercial and institutional sector, while the respondents argued it fell within the sewers and watermains sector.

The Board held that the work characteristics of installing sewers on private property are identical to those of installing sewers under public roads or in subdivisions.

Consequently, the Board declared that the work in dispute comes within the sewers and watermains sector of the construction industry.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 463 v. Labourers' International Union of North America, Local 597, 1986 CanLII 1493

Valerie Lawson

2 cases1987–1988

Thomas A. Stefanik

34 cases1981–2023

Pamela Yudcovitch

13 cases1988–2016

Lynn Bevan

Dorothy Foran

Bernard Fishbein

79 cases1982–2011

Harry Freedman

OLRBOntario Labour Relations BoardDec 19, 1988

F. W. Murray

OLRB0 cases1980–1988

D. A. Patterson

OLRB0 cases1986–2001

Collective agreement negotiated by an employer bargaining agency is a private matter not subject to Charter scrutiny.

The respondent employer raised the Canadian Charter of Rights and Freedoms as a defence to a grievance alleging a violation of the union security clause (article 3) of a collective agreement.

The parties agreed to have the Board determine as a preliminary issue whether the collective agreement was subject to Charter scrutiny.

The Board found that the collective agreement was negotiated by entities that are not part of government, and the negotiation of a collective agreement is a private matter not involving the exercise of government policy or function.

Consequently, the Board held that the collective agreement is not subject to the Charter and directed that the grievance be heard on its merits.

International Union of Operating Engineers, Local 793 v. Arlington Crane Service Limited, 1988 CanLII 3791

S. Liang

Peter Dawson

Kare Grant

Ian Werker

18 cases1987–2016

H. Goldblatt

16 cases1980–1988

Derek L. Rogers

13 cases1980–2012

P. V. Grasso

OLRB0 cases1983–1997

I. M. Stamp

OLRB0 cases1982–1988

Harry Freedman

OLRBOntario Labour Relations BoardAug 31, 1988

Employer's direct communications to employees during collective bargaining did not violate the Labour Relations Act.

The complainant union alleged that the employer committed an unfair labour practice by issuing written communications to employees during collective bargaining.

The union argued that the employer was attempting to bargain directly with employees and undermine the union's exclusive bargaining rights.

The Ontario Labour Relations Board dismissed the complaint, finding that the employer's communications were accurate, did not disparage the union, and were permissible exercises of the employer's freedom of expression under section 64 of the Labour Relations Act.

The Board concluded that the employer was merely explaining its bargaining position and not attempting to negotiate directly with the employees.

Southern Ontario Newspaper Guild, Local 87 of the Newspaper Guild v. Toronto Star Newspapers Limited, 1988 CanLII 3733

W. Gibson

Harry Freedman

C. A. Ballentine

OLRBOntario Labour Relations BoardAug 18, 1988

Board affirms policy of counting only employees actually at work in the bargaining unit on the application date.

The applicant union applied for certification in the construction industry.

The respondent employer argued that employees who were employed by the respondent but working outside the bargaining unit on the application date should be included in the bargaining unit count, relying on the '30/30' rule.

The Board rejected this argument, affirming its consistent policy in construction industry applications to count only those employees actually at work in the bargaining unit on the application date.

Finding that more than 55% of the employees in the bargaining unit were members of the applicant, the Board issued a certificate.

Labourers' International Union of North America, Local 493 v. McEndon Limited, 1988 CanLII 3786

W. Gibson

Harry Freedman

OLRBOntario Labour Relations BoardJul 21, 1988

D. A. Patterson

OLRB0 cases1986–2001

Reconsideration denied; mechanics working both on-site and in-shop properly included in construction bargaining unit.

The applicant union requested reconsideration of a Board decision directing a representation vote, arguing the Board erred in including two equipment mechanics in the construction industry bargaining unit.

The union submitted that the mechanics worked primarily in the shop and should be excluded based on prior Board jurisprudence.

The majority of the Board dismissed the request, affirming that under section 117(b) of the Act, mechanics who regularly perform repair work both at the construction site and in the shop are commonly associated in their work with on-site employees.

A dissenting Board member would have granted reconsideration to recognize separate units for shop mechanics and site mechanics.

International Union of Operating Engineers, Local 793 v. Bill Brownlee Excavating Limited, 1988 CanLII 3735

Richard Kennedy

2 cases1988–1988

Jack J. Slaughter

9 cases1986–2001

Harry Freedman

D. A. MacDonald

OLRB0 cases1982–1994

C. A. Ballentine

OLRBOntario Labour Relations BoardJul 7, 1988

Board declares prior voluntary recognition agreement invalid and grants union's application for certification.

The applicant union applied for certification in the construction industry.

The respondent and intervener claimed the application was untimely due to a prior voluntary recognition agreement.

Neither the respondent nor the intervener appeared at the hearing.

The Board treated the application as including a request under section 60 of the Labour Relations Act to declare the prior agreement invalid.

Finding no evidence to support the intervener's entitlement to represent the employees at the time the agreement was made, the Board declared the agreement invalid, found the certification application timely, and issued the requested certificates.

International Union of Operating Engineers, Local 793 v. Pry-Con Construction Inc., 1988 CanLII 3655

Wayne Trahan

Ted Ballinger

S. B. D. WahI

11 cases1980–1994

Paul Young

19 cases1986–2013

Keith Baxter

Jack Quinlan

Donald W. Wilson

2 cases1988–1992

Bill Weatherup

A. Dionysio

Harry Freedman

D. A. MacDonald

OLRB0 cases1982–1994

C. A. Ballentine

OLRBOntario Labour Relations BoardJun 21, 1988

Intervener union granted status to participate in sector determination proceeding as it represented employees performing the disputed work.

The applicant referred a grievance to arbitration.

The respondent sought a determination under section 150 of the Labour Relations Act as to whether the work was within the industrial, commercial and institutional sector of the construction industry.

The respondent argued that the intervener union and others should be given notice and entitled to participate.

The applicant opposed their participation.

The Board applied the criteria for standing and found that the intervener union represented the employees who performed the work in the first phase of the project and may represent employees in future phases.

The Board ruled that the intervener union had status to intervene in the proceedings.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 46 v. The Board of Governors of Exhibition Place, 1988 CanLII 3664

S. B. D. Wahl

154 cases1980–2001

Paul Young

19 cases1986–2013

J. Steffanini

3 cases1988–1990

Joseph Liberman

Suspended Administratively53 cases1980–2001

Frank Sheppard

E. Bairos

2 cases1988–1990

H. Kobryn

OLRB0 cases1981–1996

Harry Freedman

OLRBOntario Labour Relations BoardJun 3, 1988

D. A. MacDonald

OLRB0 cases1982–1994

Complaint dismissed as employer bargaining agency owes duty of fair representation to individual employers, not constituent organizations.

The complainants, including an employers' organization and two individual contractors, filed an unfair labour practice complaint alleging that the Provincial Employer Bargaining Agency - Labourers violated section 151(2) of the Labour Relations Act.

The respondents raised preliminary objections.

The Ontario Labour Relations Board dismissed the complaint, finding that section 151(2) imposes a duty on the employer bargaining agency to represent individual employers, not constituent employers' organizations.

As the complaint did not plead facts showing how the individual contractors were adversely affected, and no duty was owed to the employers' organization, the complaint failed to establish a violation of the Act.

Grand Valley Construction Association (General Contractors Section) v. Labour Relations Bureau of the Ontario General Contractors Association, 1988 CanLII 3668

Norm Carriere

Michael Gordon

40 cases1980–1991

Johnathon Shaw

Joe Miles

Dennis Stevenson

Not Practising Law66 cases1981–2021

Brian Shell

R. J. Gallivan

OLRB0 cases1985–1988

J. Kennedy

OLRB0 cases1983–1990

Harry Freedman

OLRBOntario Labour Relations BoardMay 31, 1988

Motion for reconsideration of compensation order dismissed; Board affirms its exclusive jurisdiction and original findings.

The respondent employer brought a motion for reconsideration of a portion of the Board's remedial order that directed compensation for striking employees.

The employer argued that the Board's original decision changed the law regarding the rights of employers and striking employees, and relied on comments made by the Divisional Court during a judicial review application.

The majority of the Board dismissed the motion, finding that the original decision did not change the law but applied existing principles regarding employer motivation and discrimination.

The Board also declined to treat the Divisional Court's obiter comments as judicial directions, affirming its exclusive jurisdiction and the finality of its decisions under the Labour Relations Act.

One Board member dissented.

United Steelworkers of America v. Shaw-Almex Industries Limited, 1988 CanLII 3677

J. A. Emond

2 cases1988–1993

Daniel Kimmel

Bernard Fishbein

79 cases1982–2011

W. Gibson

Harry Freedman

OLRBOntario Labour Relations BoardApr 28, 1988

D. A. Patterson

OLRB0 cases1986–2001

Board determines bargaining unit composition for construction certification, including mechanics but excluding truck drivers.

The applicant union applied for certification in the construction industry.

The parties disputed whether seven employees were in the bargaining unit on the application date.

Applying the Gilvesy test, the Board excluded three employees who spent the majority of their time as truck drivers and two who were not engaged in construction work on the application date.

However, the Board included two equipment mechanics who regularly performed repair work both on-site and in the shop, finding them commonly associated in their work with on-site employees under section 117(b) of the Labour Relations Act.

A representation vote was ordered.

International Union of Operating Engineers, Local 793 v. Bill Brownlee Excavating Limited, 1988 CanLII 7044

Michael Gordon

40 cases1980–1991

Brian Shell

Not Practising Law66 cases1981–2021

R. J. Gallivan

OLRB0 cases1985–1988

J. Kennedy

OLRB0 cases1983–1990

Harry Freedman

OLRBOntario Labour Relations BoardMar 3, 1988

Board orders employer to implement its outstanding collective agreement proposal as an interim return-to-work measure.

During a five-year strike, the complainant union requested an interim order directing the respondent employer to return striking employees to work pending the final disposition of the matter.

The Board treated the request as a motion for reconsideration of an earlier order.

To facilitate a gradual return to work without prejudicing the ongoing litigation regarding whether the employer's return-to-work protocol was discriminatory, the Board directed the respondent to implement its outstanding January 9, 1987 proposal for a complete collective agreement as an interim measure.

United Steelworkers of America v. Shaw-Almex Industries Limited, 1988 CanLII 3690

W. N. Fraser

OLRB0 cases1988–2000

J. Redshaw

OLRB0 cases1986–1997

Harry Freedman

OLRBOntario Labour Relations BoardFeb 11, 1988

Application for certification granted without a hearing due to intervener's failure to plead material facts.

The applicant trade union applied for certification as the bargaining agent for construction labourers employed by the respondent.

An intervener requested a hearing but failed to file documentary evidence or plead material facts as required by the Board's Rules of Procedure.

The Board exercised its discretion under section 102(14) of the Labour Relations Act to dispose of the application without a hearing.

Finding that the applicant had the requisite membership support, the Board issued certificates for the industrial, commercial, and institutional sector and all other sectors in the appropriate geographic areas.

Labourers' International Union of North America, Local 183 v. Labour Council Development Foundation, 1988 CanLII 3623

M. Lyle

J. Wigley

David Strang

47 cases1983–2009

W. N. Fraser

OLRB0 cases1988–2000

Harry Freedman

C. A. Ballentine