Inge M. Stamp

OLRBOntario Labour Relations BoardAug 2, 2001

Applications for sale of business and related employer declarations dismissed due to insufficient evidence.

The applicant union sought a declaration that there had been a sale of a business from Waltex to Shore, or alternatively, that the responding parties were under common direction and control.

The union argued that a 'key man' and core employees transferred from Waltex to Shore.

The Board found that the individual in question was a working foreman, not a key person whose departure would mean the demise of the business.

The Board also found insufficient evidence of common control or direction, as the two businesses were run independently by different brothers.

The applications were dismissed.

Drywall Acoustic Lathing and Insulation Local 675 v. Waltex Drywall Systems Ltd., 2001 CanLII 10204

Inge M. Stamp

OLRBOntario Labour Relations BoardAug 2, 2001

Employer's application for review of an Order to Pay dismissed for failure to pay amount in trust.

The applicant employer filed an application for review of an Order to Pay under the Employment Standards Act.

The employer failed to make the requisite payment in trust within the statutory deadline and failed to provide a requested breakdown of statutory deductions.

The Ministry of Labour submitted that the application was untimely and did not comply with sections 68(3)(a) and 68(7) of the Act.

The Ontario Labour Relations Board dismissed the application for review due to the employer's failure to make the required payment and provide the requested information.

Panko Paints v. Don Timchuk, 2001 CanLII 16391

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardAug 1, 2001

Application adjourned sine die on consent for up to one year.

The parties agreed to adjourn the application sine die.

The Board consented to the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if no request to proceed is made.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. 1428508 Ontario Limited c.o.b. as Forma-Con Construction, 2001 CanLII 12169

Inge M. Stamp

OLRBOntario Labour Relations BoardAug 1, 2001

Grievance referral adjourned on consent of the parties.

The applicant union referred a grievance to the Ontario Labour Relations Board.

The matter was adjourned on the agreement of the parties to a date to be set by the Registrar.

Labourers’ International Union of North America, Local 506 v. CSBI Contracting Ltd., 2001 CanLII 15207

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardJul 31, 2001

Application adjourned sine die for up to one year on consent of the parties.

The parties agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter would be deemed terminated without further notice unless a party requests to proceed.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. Interpaving Limited, 2001 CanLII 10948

N. L. Jesin

70 cases1987–2001

L. Hanacek

2 cases2001–2001

David Conn

In Private Practice18 cases1995–2026

Ann Jackman

2 cases2001–2001

Inge M. Stamp

OLRBOntario Labour Relations BoardJul 26, 2001

Board issues related employer declaration and permits withdrawal of applications following parties' settlement.

The applicant union brought related employer and unfair labour practice applications against the responding parties.

On the day scheduled for the continuation of the hearing, the parties entered into Minutes of Settlement.

Having regard to the settlement, the Board declared the responding parties to be related employers bound by the provincial collective agreement, and granted leave to withdraw the remaining applications.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Innovative Flooring Inc. and Regency Flooring, 2001 CanLII 9984

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardJul 25, 2001

Grievance referral adjourned sine die on consent for up to one year.

The applicant union and responding employer agreed to adjourn the grievance referral sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application would be deemed terminated if neither party requested to proceed.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. P.C.L. Constructors Ltd., 2001 CanLII 5695

J. G. Knight

Inge M. Stamp

G. McMenemy

Board issues consent orders settling grievance based on parties' Memorandum of Agreement.

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 settling the dispute, which included an admission of a collective agreement violation and an agreement to compensate an employee for 32 hours of wages.

The Board issued consent orders, declarations, and directions in accordance with the parties' agreement.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. Belanger Construction Limited, 2001 CanLII 17491

J. G. Knight

Inge M. Stamp

G. McMenemy

Consent order issued incorporating settlement for employer's violation of collective agreement subcontracting provisions.

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 party employer violated the provincial collective agreement by subcontracting work to non-union contractors.

Prior to the hearing, the parties entered into Minutes of Settlement wherein the employer acknowledged the violation and agreed to pay $5,000 in damages, which included outstanding benefit fund contributions.

The employer also agreed to remove the non-union subcontractors from the job site.

The Board issued a consent order incorporating the Minutes of Settlement.

Labourers’ International Union of North America, Local 527 v. M.P. Lundy Construction (Ontario) Limited, 2001 CanLII 13023

Inge M. Stamp

Hearing adjourned due to late submissions; peremptory dates to be set.

In an application for certification, the Board had previously directed the parties to file written submissions on a timeliness issue at least three weeks before the continuation of the matter.

Because the submissions were received late, the Board adjourned the scheduled hearing.

The Board noted the parties' inability to agree on dates and stated it would set peremptory dates for continuation after releasing its decision on the timeliness issue.

Universal Workers Union Labourers’ International Union of North America, Local 183 v. Ellis-Don Construction Ltd., 2001 CanLII 10445

J. G. Knight

Inge M. Stamp

G. McMenemy

Employer ordered to pay over $16,000 in damages for collective agreement violations after failing to respond to grievance referral.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer failed to apply proper rates of pay under the collective agreement.

The responding party failed to file a response or notice of intent to defend.

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

The Board found the employer violated the collective agreement, ordered it to cease and desist, and awarded $16,172.27 in damages plus $214.00 in statutory costs.

A request for legal costs was denied due to insufficient information.

International Brotherhood of Electrical Workers, Local 530 v. Semac Power & Controls Ltd., 2001 CanLII 15139

Inge M. Stamp

OLRBOntario Labour Relations BoardJul 20, 2001

Board directs representation vote for construction industry bargaining unit in Essex and Kent counties.

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

The parties disagreed on the geographic scope of the bargaining unit.

The Board determined that the appropriate bargaining unit must be described by reference to the Board's geographic areas, specifically Board Area No. 1 (Counties of Essex and Kent).

The Board directed that a representation vote be taken among the eligible employees in the defined voting constituency.

Construction Workers Local 53, CLAC v. Westhoek Construction Limited, 2001 CanLII 19565

Inge M. Stamp

OLRBOntario Labour Relations BoardJul 18, 2001

Ministry of Labour directed to advise Board on status of Order to Pay review.

The employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The Board noted that the matter may have been referred to a collection agency and directed the Ministry of Labour to advise the Board on the status of the matter by a specified date.

Panko Paints v. Timchuk, 2001 CanLII 18889

J.D. Sharp

6 cases2000–2012

Elizabeth Mitchell

31 cases1988–2001

Inge M. Stamp

OLRBOntario Labour Relations BoardJul 9, 2001

Board directs section 96 application to proceed before related certification status challenges.

The parties disagreed on the order of proceeding for related certification and unfair labour practice applications.

The Ontario Labour Relations Board directed that the section 96 application proceed first, and that any witnesses testifying in that application who are also subject to status challenges be questioned on status issues at the same time to avoid recalling them.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 221 v. Prime Mechanical Inc., 2001 CanLII 7611

Inge M. Stamp

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJun 28, 2001

Board determines work on chutes is in ICI sector and work on conveyors is maintenance.

The applicant union brought a jurisdictional dispute regarding work on chutes and conveyors.

Based on the written pleadings, the Ontario Labour Relations Board determined that the work on the chutes was in the industrial, commercial and institutional (ICI) sector of the construction industry, while the work on the conveyors was in the maintenance sector.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786 v. United Steelworkers of America, Local 782, 2001 CanLII 9106

Inge M. Stamp

OLRBOntario Labour Relations BoardJun 28, 2001

Application to suspend health and safety orders terminated as moot because Ministry confirmed compliance.

The applicant sought a suspension of a Ministry of Labour inspector's orders pending an appeal.

The Ministry of Labour took the position that the applicant was already in compliance with the orders, rendering the suspension application moot.

The applicant argued that the effect of the orders implied a requirement to establish a second joint health and safety committee.

The Board found that since the Ministry was satisfied the applicant was in compliance, there was no need to suspend the orders.

The application for suspension was terminated, while the main appeal proceeded in the usual course.

FirstOntario Credit Union Ltd. v. Office and Professional Employees’ International Union, 2001 CanLII 14895

Inge M. Stamp

OLRBOntario Labour Relations BoardJun 19, 2001

Grievance referral adjourned sine die on consent for up to one year.

The applicant union and responding employer agreed to adjourn the grievance referral sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if neither party requests to proceed.

International Brotherhood of Electrical Workers, Local 894 v. Stensca/Procon Ltd., 2001 CanLII 7966

Inge M. Stamp

OLRBOntario Labour Relations BoardJun 18, 2001

Board issues consent order incorporating $20,000 settlement for grievance regarding use of non-union employees.

The union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the employer utilized non-union employees contrary to the collective agreement.

The parties met with a Labour Relations Officer and executed Minutes of Settlement requiring the employer to pay $20,000 to the union in scheduled installments.

The Board issued a consent order incorporating the Minutes of Settlement and resolving the grievance.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Detail Plumbing Corp., 2001 CanLII 14000

Inge M. Stamp