Inge M. Stamp

OLRBOntario Labour Relations BoardJun 7, 2001

Employer's application for review of an Order to Pay deemed terminated due to abandonment.

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

The Board noted that the employer did not wish to pursue the matter.

The Board ordered that the application would be deemed terminated and the monies held in trust disbursed pursuant to the Order to Pay unless an objection was received by June 22, 2001.

Parliament Building Supplies a division of Janeric Engineering Inc. v. Lloyd Rimmer, 2001 CanLII 11087

Representation vote directed in construction industry certification application for glaziers and metal mechanics.

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

The responding party failed to file a formal response, though its sole employee sent a facsimile indicating a desire to vote 'No'.

The Board found that the applicant appeared to have the requisite membership support of not less than forty per cent of the individuals in the proposed bargaining unit.

The Board determined the appropriate bargaining unit for glaziers, glaziers' apprentices, and metal mechanics in the industrial, commercial, and institutional sector, and directed that a representation vote be taken.

The International Union of Painters and Allied Trades, Local Union 1819 v. Manners Glass Networking Inc., 2001 CanLII 12821

J. G. Knight

Inge M. Stamp

A. Haward

OLRBOntario Labour Relations BoardJun 7, 2001

Application adjourned sine die on consent of the parties.

The applicant union filed an application before the Ontario Labour Relations Board.

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it would be deemed terminated if no party requested to proceed.

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. Greenpark Homes, 2001 CanLII 9343

Inge M. Stamp

Employment standards application withdrawn with leave following settlement.

The applicant filed an application regarding an employment standards matter.

The parties reached a settlement dated May 15, 2001.

Having regard to the settlement filed, the Ontario Labour Relations Board granted leave for the application to be withdrawn.

Sean McClinchey v. Saturn Saab Isuzu of Kitchener, 2001 CanLII 6030

Inge M. Stamp

Matter terminated following the filing of Minutes of Settlement.

The applicant filed a matter before the Ontario Labour Relations Board.

The parties subsequently filed Minutes of Settlement.

Having regard to the settlement, the Board terminated the matter.

Luis Alonso Portillo v. Seaton House and Ministry of Labour, 2001 CanLII 7009

Inge M. Stamp

Application for review terminated due to applicant's failure to comply with Board direction.

The applicant filed an application for review of an Employment Standards Officer's order.

The Board previously directed the applicant to pay the amount required by the order to the Director, provide proof of payment, and file a request for an extension of time by May 31, 2001.

The applicant failed to comply with the Board's direction.

Consequently, the application for review was terminated.

1347397 Ontario Inc. o/a Willee D’s Restaurant v. Bannister, 2001 CanLII 10223

Inge M. Stamp

Union's request for special voting arrangements in a second representation vote denied absent unfair labour practice findings.

In an application for certification, the Board previously ordered a second representation vote because the employer did not receive timely notice of the first vote.

The union requested special voting arrangements and remedies, arguing it was prejudiced by the delay and the employer's ability to identify who voted.

The Board dismissed the union's requests, finding that the requested remedies were extraordinary and typically reserved for cases involving unfair labour practices, which were not alleged here.

The Board directed that a second vote be held and ordered the posting of a notice clarifying that the second vote was ordered solely due to the delayed delivery of vote materials, with no wrongdoing by any party.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. L.G.R. Tiles Ltd., 2001 CanLII 13244

J. G. Knight

Inge M. Stamp

A. Haward

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots were cast in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application for certification and directed the destruction of the ballots after 30 days.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. 1317404 Ontario Limited o/a Vanderwal Construction, 2001 CanLII 17999

Inge M. Stamp

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

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 to resolve the matter.

The Board ordered the disbursement of the $1,544.00 held in trust by the Director in accordance with the settlement, with $1,000.00 to the employee, $404.00 to the employer, and $140.00 retained by the Consolidated Revenue Fund.

The application was terminated pursuant to section 69.1(5) of the Act.

First Northern Title Company Inc. v. Darlene Pepen-Seccaspina, 2001 CanLII 8096

J. G. Knight

Inge M. Stamp

A. Haward

Representation vote directed in construction industry certification application with ballots to be segregated and sealed.

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

The responding party disagreed with the proposed bargaining unit description and the number of employees.

Finding that not less than forty percent of the individuals in the proposed unit were members of the union, the Board directed that a representation vote be taken and the ballots be segregated and sealed pending resolution of the disputes.

United Brotherhood of Carpenters and Joiners of America, Local 27 v. Quality Rugs of Canada Limited, 2001 CanLII 12587

Inge M. Stamp

G. Pickell

G. McMenemy

Application adjourned sine die for up to one year at applicant's request.

The applicant requested to adjourn the application sine die.

The Ontario Labour Relations Board granted the request for a period not exceeding one year, after which the matter will be deemed terminated if no party requests to proceed.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Lancia Tile Limited, 2001 CanLII 9444

J. G. Knight

Inge M. Stamp

A. Haward

Employer ordered to pay $154,299.16 in unpaid benefit contributions in default grievance arbitration.

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 make required benefit payments.

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

Proceeding by way of default, the Board accepted the union's allegations as true, found the employer violated the collective agreement, and ordered the employer to pay $154,299.16 in outstanding benefits and interest.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. P. Steel Erectors Limited, 2001 CanLII 2641

Inge M. Stamp

Board directs applicant to file correct forms for OHSA section 61 appeal within 10 days.

The applicant initially filed an application under section 50 of the Occupational Health and Safety Act using incorrect forms.

It later became apparent that the matter was an appeal of an inspector's order under section 61.

The Board terminated the section 50 application, transferred the materials to a new file for the section 61 appeal, and directed the applicant to file the proper forms within 10 days, failing which the appeal would be terminated.

Juanita Malone v. Nestle Canada Inc. and Ministry of Labour, 2001 CanLII 6990

Inge M. Stamp

G. Pickell

G. McMenemy

Application adjourned sine die on consent of the parties.

The applicant union and responding employer 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 will be deemed terminated if neither party requests to proceed.

The International Union of Painters and Allied Trades, Local 1590 v. Westmount Storefront Systems Ltd., 2001 CanLII 6949

Inge M. Stamp

G. Pickell

G. McMenemy

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union applied for certification.

Following a representation vote directed by the Board, not more than 50 per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

As no statement of desire to make representations was filed, the Board dismissed the application and directed the destruction of the ballots after 30 days.

Canadian Union of Skilled Workers v. Powerline Utility Contractors Inc., 2001 CanLII 18110

Inge M. Stamp

G. Pickell

G. McMenemy

Union certification application dismissed after applicant failed to secure majority in representation vote.

The applicant union filed an application for certification.

Following a representation vote where not more than 50 per cent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board dismissed the application.

The Board directed the attention of the parties to section 10(3) of the Labour Relations Act, 1995 regarding future applications.

Canadian Union of Skilled Workers v. Powertel Utilities Contractors Limited, 2001 CanLII 18234

Inge M. Stamp

Employer's application for review of an Order to Pay dismissed as untimely.

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

The application was filed on April 10, 2001, well past the January 11, 2001 deadline.

The applicant claimed it believed the time limit was 45 business days, but even under that calculation, the application was late.

The Board declined to extend the time limit and dismissed the application as untimely, directing the disbursement of funds held in trust.

The Actors Studio of Canada Inc. v. Lisa Cassiani and Ministry of Labour, 2001 CanLII 7875

Inge M. Stamp

OLRBOntario Labour Relations BoardJun 4, 2001

Board directs applicant to state its position on mootness after inspector's order was rescinded.

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

Prior to the hearing, the Ministry of Labour advised that the order had been rescinded and argued the appeal was moot.

The Board directed the applicant to advise the Board and the other parties of its position on the mootness issue within seven days.

Inco Limited v. United Steelworkers of America Local 6500, 2001 CanLII 19216

Inge M. Stamp

OLRBOntario Labour Relations BoardJun 4, 2001

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

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 by the Director.

The Board ordered the funds disbursed in accordance with the settlement and terminated the application pursuant to section 69.1(5) of the Act.

Tel-E Connect Systems Ltd. v. Daniel Wayne Bell, 2001 CanLII 16049

Inge M. Stamp