Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJul 6, 2001

Board issued consent order declaring employer bound by collective agreement and awarding $3,000 in damages.

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

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

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated it, and ordered the payment of $3,000 in damages to the applicant.

Labourers’ International Union of North America, Local 527 v. Ellis-Don Limited, 2001 CanLII 3074

Walter Thornton

47 cases1986–2001

John Moszynski

71 cases1986–2017

Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJul 6, 2001

Grievance hearing adjourned to a new date following unsuccessful settlement discussions.

During a grievance hearing, the parties engaged in settlement discussions with the assistance of the Board.

When a resolution could not be reached, the parties agreed to adjourn the hearing.

The Board cancelled the previously scheduled July date and fixed October 30, 2001, for the continuation of the hearing.

Labourers' International Union of North America, Local 506 v. Res 2000 Structures Inc., 2001 CanLII 4051

Harry Freedman

OLRBOntario Labour Relations BoardJul 6, 2001

Request to suspend health and safety order regarding jail sally-port controls dismissed.

The appellant Ministry of Correctional Services sought to suspend an Inspector's order requiring the electronic control for sally-port doors at the Kenora Jail to be moved to the control module, pending an appeal.

The order arose from a work refusal by a correctional officer concerned about inmates overpowering guards.

The Board found that while suspending the order would not jeopardize worker safety, the appellant failed to demonstrate a strong prima facie case that the Inspector's order was unreasonable.

The request for suspension was dismissed.

Ministry of Correctional Services (Kenora Jail) v. Ontario Public Service Employees’ Union, 2001 CanLII 7667

Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJul 5, 2001

Grievance referral adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if no request to proceed was made within one year.

Labourers’ International Union of North America, Local 1059 v. Lafarge Canada Inc., 2001 CanLII 10973

Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJul 4, 2001

Grievance referral adjourned sine die on consent of the parties.

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

On the 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.

The International Union of Painters and Allied Trades, District Council 46 (Glaziers Local Union 1819) v. Classic Home Improvement c.o.b. Classic Store Fronts Systems, 2001 CanLII 5893

Harry Freedman

Board cannot consider extension of time for review until ordered amount is paid into trust.

The applicant sought a review of an Employment Standards Officer's order requiring him and two corporations to pay $1,477,025.12.

He also requested an extension of time to apply for review pending a judicial review application.

The Board held that under section 68(7) of the Employment Standards Act, it could not proceed with the review or consider the extension request until the applicant paid the ordered amount into trust or provided an acceptable irrevocable letter of credit.

The applicant was given 30 working days to comply, failing which the application would be dismissed.

Douglas Quirt v. The King’s Health Centre Corporation, 2001 CanLII 18350

Harry Freedman

G. Pickell

A. Haward

Board grants consent declarations confirming sale of business and successor employer status following internal reorganization.

The applicant union sought declarations under sections 69 and 1(4) of the Labour Relations Act, 1995, following an internal reorganization where the employer sold its business to a wholly owned subsidiary.

The responding parties agreed to the material facts and did not oppose the requested relief.

The Board, relying on the agreed facts and consent of the parties, declared that a sale of a business occurred, that the subsidiary is a successor employer, and that it is bound by the existing collective agreement.

Keeprite Workers’ Independent Union v. National Refrigeration & Air Conditioning Canada Corp., 2001 CanLII 14782

Harry Freedman

G. Pickell

A. Haward

Grievance referral adjourned sine die on consent of the parties.

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

On the request of the applicant and with the agreement of the parties, the Board adjourned the application sine die.

The Board noted that the application would be deemed terminated without further notice if neither party requested to proceed within one year.

United Brotherhood of Carpenters and Joiners of America, Local 18 v. Scott Harvey Carpentry, 2001 CanLII 19400

Harry Freedman

Request to suspend stop work order denied as employer failed to prove worker safety would not be jeopardized.

The appellant employer requested the suspension of an inspector's stop work order pending its appeal under section 61 of the Occupational Health and Safety Act.

The order prohibited the use of a baghouse due to concerns about worker exposure to 1,2,4-Trichlorobenzene (TCB) exceeding prescribed limits.

The employer argued that the order would cause serious economic harm and that worker safety was protected by the use of personal respirators and increased ventilation.

The Board dismissed the suspension request, finding that the paramount consideration is worker safety and that the employer failed to demonstrate that safety would not be jeopardized, noting that Regulation 833 precludes reliance on personal protective equipment when determining exposure limits.

Trans-Cycle Industries Inc. v. Cousineau (Inspector), 2001 CanLII 14247

Harry Freedman

G. Pickell

A. Haward

Employer ordered to pay unpaid benefit contributions and vacation pay in default grievance proceeding.

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 employer failed to remit proper benefit contributions and vacation pay as required by the collective agreement.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend within the required time limits.

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

The Board cancelled the scheduled hearing, found the employer liable for the unpaid amounts, and ordered the employer to pay $25,687.87 in damages plus $214.00 in filing fees.

The International Union of Painters and Allied Trades, District Council 46 v. Surkeuss Painting and Decorating, 2001 CanLII 5704

Harry Freedman

Application for review of Order to Pay terminated following parties' settlement and agreed disbursement of funds.

The employer applied for a review of an Employment Standards Officer's Order to Pay.

The employer and the employee subsequently 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, subject to any objection by the Ministry of Labour, and terminated the application.

Dr. Raymond Lewans v. Kathryn Ritchie, 2001 CanLII 3361

Harry Freedman

Default judgment granted for unpaid union remittances and liquidated damages; legal costs denied.

The applicant union referred a construction industry grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit required contributions.

The responding party failed to file a response or participate in the proceeding.

The Board issued a default decision, finding the employer bound by the provincial collective agreement and ordering payment of $24,389.13 in unpaid remittances and liquidated damages, plus Board fees.

The Board declined to award legal costs, finding no provision in the collective agreement authorizing such recovery.

International Brotherhood of Electrical Workers, Local 894 v. Stensca/Procon Ltd., 2001 CanLII 4667

Harry Freedman

G. Pickell

A. Haward

Board orders applicant to provide proof of delivery, failing which default decision will be revoked.

The Board previously issued a default decision against the responding party for failing to file a response.

The responding party subsequently advised the Board that it had not received the required forms and that the material it did receive was delivered later than the applicant claimed.

The Board ordered the applicant to provide proof of delivery by a specified date, failing which the default decision would be revoked and the matter relisted for hearing.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Monac Steel Ltd., 2001 CanLII 5172

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.

Sheet Metal Workers’ International Association, Local 30 v. A.P. Sheet Metal and Mechanical Ventilation Ltd., 2001 CanLII 3492

Harry Freedman

G. Pickell

A. Haward

Trade union certified as bargaining agent for carpenters following successful representation vote.

The applicant trade union applied for certification as the bargaining agent for 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, the Ontario Labour Relations Board issued two certificates pursuant to section 160(1) of the Labour Relations Act, 1995.

One certificate was issued for the industrial, commercial and institutional sector in the Province of Ontario, and another for all other sectors in the specified geographic areas.

Drywall Acoustic Lathing and Insulation Local 675 v. Platinum Drywall Limited, 2001 CanLII 5999

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 Board.

The Board granted the request and the matter was withdrawn.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall Systems Ltd., 2001 CanLII 4233

Harry Freedman

G. Pickell

A. Haward

Grievance referral adjourned sine die on consent pending work assignment application.

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

On the agreement of the parties, the Board adjourned the application sine die pending the filing of a work assignment application by the intervenor.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Giffin Contractors, 2001 CanLII 11478

Harry Freedman

G. Pickell

A. Haward

Grievance referral adjourned sine die on consent of the parties.

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

Having regard to the agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if no request to proceed was made within one year.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Comstock Canada Ltd., 2001 CanLII 14099

Harry Freedman

G. Pickell