H. Kobryn

Ken Petryshen

OLRB0 cases1986–2000

I. M. Stamp

H. Kobryn

OLRBOntario Labour Relations BoardNov 19, 1986

Board denies adjournment and adjourns to consider contempt after witness refuses to answer relevant questions.

In a hearing to determine damages following a successful grievance referral under section 124 of the Labour Relations Act, the respondent requested an adjournment pending a judicial review of a related employer decision.

The Board denied the adjournment, noting the delay was solely attributable to the respondent.

During the hearing, the respondent's president refused to answer relevant questions regarding the construction jobs in issue, despite being directed to do so by the Board.

The Board warned the witness that his refusal could constitute contempt in the face of the Board, which carries penalties including imprisonment.

The Board adjourned the proceeding to allow the witness to consult with counsel before determining the contempt issue.

Laborers International Union of North America, Local 607 v. Rino Zanette (1981) Ltd., 1986 CanLII 1467

Mary Gleason

3 cases1986–2012

L. Steinberg

45 cases1982–2001

John Coleman

2 cases1984–1986

Francine Sau roil

F DaSilva

5 cases1983–1991

Patricia Hughes

OLRB0 cases1986–1991

H. Kobryn

OLRBOntario Labour Relations BoardOct 15, 1986

G. 0. Shamanski

OLRB0 cases1986–1995

Board refuses to extend terminal date for stolen petition and dismisses kickback allegations from prior campaign.

The union applied for certification for full-time and part-time employees of the respondent hotel.

The Board addressed two preliminary matters: a request by objecting employees to extend the terminal date because their petition was stolen, and a motion by the union to dismiss the employer's allegation that a union organizer offered kickbacks during a previous campaign.

The Board refused to extend the terminal date, finding the petitioners did not exercise sufficient caution with the document.

The Board also dismissed the kickback allegation without a hearing, ruling that alleged misconduct in a prior campaign could not taint fresh membership evidence in the current campaign.

The part-time certification application was dismissed for insufficient support, while the full-time application was deferred pending resolution of remaining disputes.

Textile Processors, Service Trades, Health Care, Technical and Professional Employees International Union, Local 351 v. The Westin Hotel, 1986 CanLII 1448

Wes Lippett

S. C. Bernardo

42 cases1980–2001

S. B. D. Wahl

Hercules E. Faga

3 cases1985–1989

G. W. Adams

2 cases1986–1989

E.A. Ford

6 cases1980–1986

Daniel Fryzuk

4 cases1985–1991

Bruce Binning

40 cases1981–1998

N. B. Satterfield

J. Wilson

OLRB0 cases1981–1987

H. Kobryn

OLRBOntario Labour Relations BoardOct 15, 1986

Board establishes guidelines for determining employer unit composition in an accreditation application.

The applicant applied for accreditation under section 125 of the Labour Relations Act.

The Ontario Labour Relations Board issued an interim decision confirming a unanimous oral ruling establishing general guidelines for determining the composition of the employer unit and the related lists of employers and employees.

The Board set out criteria for deciding whether the respondent held bargaining rights in the sewers and watermains sector in Board area #8 and the scope of the work encompassed by the unit of employers.

Metropolitan Toronto Sewer and Watermain Contractors Association v. International Union of Operating Engineers, Local 793, 1986 CanLII 1439

J. P. Wilson

H. Kobryn

Harry Freedman

OLRBOntario Labour Relations BoardOct 8, 1986

Formal notice of hearing is not required for a continuation date when parties were previously informed.

The applicant sought reconsideration of the Board's decision dismissing its complaint and applications after it failed to attend a continuation hearing.

The applicant argued its absence was due to the Board's failure to issue a formal notice of hearing for the continuation date.

The Board held that a formal notice is not required for a continuation date when parties were informed of the date at the initial hearing, and found the applicant's unmet expectation did not justify its failure to attend.

Labourers' International Union of North America, Local 1059 v. Tonda Construction Limited, 1986 CanLII 1449

Richard A. Humphrey

G. Joe Zito

Claude MacMillan

Patricia Hughes

OLRB0 cases1986–1991

H. Kobryn

OLRBOntario Labour Relations BoardOct 6, 1986

D. H. Blair

OLRB0 cases1984–1986

Decertification petition dismissed as involuntary; first contract arbitration directed due to employer's failure to bargain expeditiously.

The Board heard consolidated applications for union decertification, first contract arbitration, and unfair labour practices.

The Board dismissed the decertification application, finding the petition was not a voluntary expression of employee wishes due to the lingering impact of a unilateral wage increase, employer interference, and the taint of a prior involuntary petition.

The Board granted the union's application for first contract arbitration, concluding that the employer failed to make expeditious efforts to conclude a collective agreement, largely due to a failure to read union proposals and a lack of understanding of collective bargaining obligations.

The unfair labour practice complaints were reserved.

Michel LeBlanc v. Sudbury Mine Mill & Smelter Workers Union Local 598, 1986 CanLII 1438

Weir H. Milne

Elizabeth Forster

19 cases1980–2015

David S. Shantz

S. A. Tacon

OLRB0 cases1984–1991

H. Kobryn

OLRBOntario Labour Relations BoardJul 31, 1986

F. C. Burnet

OLRB0 cases1984–1990

Union certified under section 8 due to employer's egregious unfair labour practices and statutory freeze violations.

The union applied for certification and filed an unfair labour practice complaint against the employer hospital.

The employer engaged in significant misconduct, including altering schedules, terminating the entire registered nurses' bargaining unit, and circulating threatening letters prior to a representation vote, which the union lost.

The Board found the employer violated the statutory freeze and committed unfair labour practices tainted by anti-union animus.

The Board ordered extensive remedies, including reinstatement and compensation, and exercised its discretion under section 8 of the Labour Relations Act to certify the union, finding the employer's actions made it unlikely that the true wishes of the employees could be ascertained in a representation vote.

Christian Labour Association of Canada v. Maplehurst Hospital Limited, 1986 CanLII 1419

N. B. Satterfield

H. Kobryn

OLRBOntario Labour Relations BoardJul 23, 1986

1. M. Stamp

OLRB0 cases1983–1986

Board declines to reconsider certification, reaffirming practice of not applying build-up principle in construction industry.

The respondent employer requested that the Ontario Labour Relations Board reconsider its decision certifying the applicant union without a hearing.

The employer argued that the Board erred by not applying the '30/30' rule to determine the number of employees and by not applying the build-up principle, given an anticipated increase in the workforce.

The Board declined to reconsider, reaffirming its consistent practice in the construction industry of counting only employees actually at work on the application date and not applying the build-up principle.

Labourers' International Union of North America Local 527 v. Colibri Construction Inc., 1986 CanLII 1409

Michael Lloyd

3 cases1986–1986

H. Heskin

Bernard Fishbein

78 cases1982–2011

Anne E. Burke

2 cases1986–1999

R. A. Furness

OLRB0 cases1980–1991

I. M. Stamp

H. Kobryn

OLRBOntario Labour Relations BoardJul 8, 1986

Employees laid off before reporting to work on application date excluded from construction industry bargaining unit count.

The applicant union applied for certification in the construction industry and challenged the respondent employer's list of employees.

The union argued that four employees who were laid off on the morning of the application date, before reporting to work, should be included in the bargaining unit count.

The Board held that in construction industry applications, only employees actually at work on the date of application are included in the count.

Since the four employees did not perform any work on that date, they were excluded from the count.

International Brotherhood of Electrical Workers, Local 353 v. Galil Electric Company Limited, 1986 CanLII 1414

N. B. Satterfield

I. M. Stamp

H. Kobryn

OLRBOntario Labour Relations BoardMay 16, 1986

Board declined to apply build-up principle in construction industry certification application.

The applicant trade union applied for certification for a bargaining unit of construction labourers.

The respondent employer requested a representation vote, arguing that the current workforce of three employees was not representative because it anticipated hiring approximately 25 employees for upcoming contracts.

The Board declined to apply the build-up principle, noting that short-term employment is typical in the construction industry and the Board consistently considers only those at work on the application date.

The Board certified the applicant without a hearing.

Labourers' International Union of North America Local 527 v. Colibri Construction Inc., 1986 CanLII 1495

S. B. D. Wahl

Peter M. Whalen

7 cases1986–1992

J. Slaughter

4 cases1986–1991

Grant Robinson

3 cases1986–1987

Bruce Binning

40 cases1981–1998

I. M. Stamp

H. Kobryn

Harry Freedman

OLRBOntario Labour Relations BoardMay 15, 1986

Board dismisses reconsideration request and refuses to allow respondent to contradict its prior confirmation of an Officer's report.

The Board heard a request for reconsideration of an oral ruling regarding notice to laid-off employees, which was dismissed as the issue had already been considered.

The Board also addressed a dispute over a Labour Relations Officer's report where the respondent sought to challenge an agreed exclusion after previously confirming the report's accuracy.

The Board ruled that parties cannot make submissions contrary to their written representations filed in response to the report, and struck the disputed employee from the list.

The parties agreed to submit written arguments on the remaining issues.

International Union of Operating Engineers, Local 793 v. Harnden & King Construction Ltd., 1986 CanLII 1483

W. J. McNaughton

30 cases1980–2000

Bernard Fishbein

78 cases1982–2011

M. G. Mitchnick

J. P. Wilson

H. Kobryn

OLRBOntario Labour Relations BoardApr 30, 1986

Employer in construction hiring hall context may reasonably require medical clearance for worker with prior injury.

A grievance was referred to the Board concerning an employer's refusal to employ a sheet metal worker referred through the union hiring hall.

The worker had a prior compensable back injury and the employer's last information from the Workers' Compensation Board indicated he was only fit for modified work.

The employer refused to allow the worker on a heavy industrial job site without updated medical clearance.

The Board held that, analogous to an industrial setting, the employer had reasonable grounds to require medical clearance before allowing the worker to perform unrestricted duties, and dismissed the grievance.

Ontario Sheet Metal Workers Conference v. E. S. Fox Ltd., 1986 CanLII 1596

R. J. Atkinson

2 cases1986–1986

R. A. Werry

38 cases1980–1994

Michael Lloyd

3 cases1986–1986

John Gartwright

J. J. Nyman

14 cases1980–1992

H. A. Beresford

14 cases1980–1989

D. A. Brown

2 cases1986–1986

B. Fishbein

68 cases1980–1996

J. Wilson

OLRB0 cases1981–1987

Ian C. Springate

OLRB0 cases1983–1989

H. Kobryn

OLRBOntario Labour Relations BoardApr 24, 1986

Board denies standing to a stranger union seeking to intervene in a construction industry grievance.

The applicant union referred a construction industry grievance to the Board under section 124 of the Labour Relations Act.

The United Brotherhood of Carpenters and Joiners of America, Local 27 sought to intervene in the proceedings, arguing it had a long-standing bargaining relationship with the respondent and could offer insight into the respondent's construction activities.

The Board denied standing, finding that Local 27 was a stranger to the provincial agreement being grieved and had no legal right to participate.

The Board declined to exercise its discretion to grant standing, noting that doing so based on the precedential value of the decision would needlessly complicate proceedings.

International Brotherhood of Electrical Workers, Local 353 v. The Municipality of Metropolitan Toronto, 1986 CanLII 1581

J. P. Wilson

H. Kobryn

Harry Freedman

OLRBOntario Labour Relations BoardApr 11, 1986

Board waived form defect and appointed Labour Relations Officer for union certification pre-hearing vote.

The applicant union filed an application for certification in the construction industry using Form 75, but requested a pre-hearing representation vote, which normally requires Form 1 under section 90 of the Board's Rules of Procedure.

The Board applied section 84 of the Rules, which states that no proceeding is invalid by reason of a defect in form, and decided to process the application as if it had been made in the proper form.

The Board appointed a Labour Relations Officer to confer with the parties, examine records, and make arrangements for a potential vote.

Labourers' International Union of North America, Local 1059 v. McKay-Cocker Construction Limited, 1986 CanLII 1580

J. P. Wilson

H. Kobryn

Harry Freedman

OLRBOntario Labour Relations BoardApr 5, 1986

Subcontractor remains liable for unpaid vacation pay despite directing general contractor to pay its obligations.

The applicant union referred a grievance to arbitration under section 124 of the Labour Relations Act, seeking unpaid vacation pay for five employees.

The respondent subcontractor argued that the general contractor, Konvey Construction, should be liable because the respondent had signed an authorization directing Konvey to pay its obligations.

The Board held that the arrangement between the respondent and Konvey did not affect the respondent's obligations to the union and its members under the provincial agreement.

The Board directed the respondent to pay the agreed amounts of vacation pay.

Labourers' International Union of North America, Local 506 v. Highrock Structural Limited, 1986 CanLII 1594

J. P. Wilson

Ian C. Springate

OLRB0 cases1983–1989

H. Kobryn

OLRBOntario Labour Relations BoardMar 27, 1986

Duty of fair representation complaint dismissed without a hearing because uranium mining falls under federal jurisdiction.

The complainant filed a complaint under section 89 of the Labour Relations Act alleging that the respondent trade union violated sections 68, 69, and 70 regarding his employment at a uranium mine.

The Board dismissed the complaint without a hearing pursuant to section 71(1) of the Board's Rules of Procedure.

Relying on the precedent in Pronto Uranium Mines Ltd., the Board determined that the mining and concentrating of uranium ore falls within federal jurisdiction, and therefore the provincial Board lacked jurisdiction to deal with the matter.

Victor St. Pierre v. The United Steelworkers of America AFL-CIO-CLC, 5417, 1986 CanLII 1571

Lynda J. Townsend

David Jewitt

20 cases1981–2015

Thomas S. Kuttner

OLRB0 cases1986–1988

H. Kobryn

OLRBOntario Labour Relations BoardFeb 25, 1986

F. W. Murray

OLRB0 cases1980–1988

Workers referred through a union hiring hall for a short-term construction project are employees.

The applicant trade union applied for certification in the construction industry.

The respondent employer argued that the two sheet metal workers referred to it by the union's hiring hall were independent contractors, not employees, due to the transitory nature of their engagement.

The Board held that the workers were employees, noting that short-term hiring hall referrals are characteristic of employment relationships in the construction industry.

The Board granted the application for certification.

Sheet Metal Workers' International Association, Local Union 47 v. Bell Air Conditioning Inc., 1986 CanLII 1393

S. A. Tacon

OLRB0 cases1984–1991

H. Kobryn

OLRBOntario Labour Relations BoardFeb 24, 1986

F. C. Burnet

OLRB0 cases1984–1990

Board allowed evidence of prior withdrawn complaints to show pattern of unlawful activity.

The applicant union sought certification and filed unfair labour practice complaints against the respondent hospital.

In an interim ruling, the Ontario Labour Relations Board addressed two evidentiary issues.

First, the Board permitted the applicant to lead evidence of events that occurred prior to a previously withdrawn certification application, but only for the limited purpose of establishing a pattern of unlawful activity.

Second, the Board allowed the respondent to adduce evidence regarding its motivation for dismissing six nurses, despite the respondent not having raised this defence earlier, finding that the applicant's right of reply would cure any prejudice.

Christian Labour Association of Canada v. Maplehurst Hospital Limited, 1986 CanLII 1400

G. Grossman

32 cases1980–1987

Brian P. Smeenk

34 cases1982–2012

Alex Ahee

8 cases1983–1999

R. A. Furness

OLRB0 cases1980–1991

J. Wilson

OLRB0 cases1981–1987

H. Kobryn

OLRBOntario Labour Relations BoardFeb 19, 1986

Union ordered to execute collective agreement appendix; internal constitution cannot override statutory duty to bargain.

The complainant employer association alleged that the respondent union and employee bargaining agency violated the Labour Relations Act by refusing to bargain and execute an appendix to the provincial collective agreement.

The union argued that signing the appendix would violate its international constitution regarding the use of vehicles and travel cards.

The Board held that a union cannot contract out of the Labour Relations Act through its constitution.

Finding a continued breach of the duty to bargain in good faith, the Board ordered the employee bargaining agency to execute the appendix.

Canadian Pneumatic Control Contractors Association v. The Ontario Pipe Trades Council et al., 1986 CanLII 1408

S. B. D. Wahl

Peter M. Whalen

7 cases1986–1992

Louis Doucette

J. Slaughter

4 cases1986–1991

G. Steers

3 cases1980–1986

Grant Robinson

3 cases1986–1987

F. Amis

2 cases1981–1986

Bruce Binning

40 cases1981–1998

Barry McCracken

I. M. Stamp

H. Kobryn

Harry Freedman