Inge M. Stamp

OLRBOntario Labour Relations BoardJun 1, 2001

Board directs responding employers to submit to an audit pursuant to an interim settlement agreement.

The applicant union filed a grievance referral and a related employer/sale of business application against the responding employers.

On the scheduled hearing date, the parties signed an interim settlement.

The Board directed the responding parties to submit to an audit of their books and records in accordance with the collective agreement.

The matters were adjourned sine die for up to one year.

Carpenters & allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America v. Page Flooring Enterprises Inc., 2001 CanLII 5982

Board directed written submissions on whether a project agreement barred a certification application.

The applicant union filed an application for certification in the construction industry.

The responding party employer and the intervenor union argued that the application was untimely because a valid project agreement already covered the proposed bargaining unit.

The applicant challenged the validity of the project agreement under section 58(1) of the Labour Relations Act, 1995, arguing it was either invalid, never implemented, or abandoned.

The Board directed the parties to provide written submissions on the section 58(1) issue and ordered the Registrar to set continuation dates for the hearing.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Ellis-Don Construction Ltd., 2001 CanLII 10815

J. G. Knight

Inge M. Stamp

A. Haward

OLRBOntario Labour Relations BoardMay 30, 2001

Union certification granted following successful representation vote in the construction industry.

The applicant union applied for certification.

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 certificates to the union.

Pursuant to section 160(1) of the Act, one certificate was issued for the industrial, commercial and institutional sector of the construction industry in Ontario, and another for all other sectors in the County of Renfrew.

International Union of Operating Engineers, Local 793 v. H & B McLachlan Construction Ltd., 2001 CanLII 13761

J. G. Knight

Inge M. Stamp

A. Haward

OLRBOntario Labour Relations BoardMay 30, 2001

Union certified to represent construction labourers following a successful representation vote.

The applicant union applied for certification to represent construction labourers employed by the responding party.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, the Ontario Labour Relations Board issued two certificates pursuant to section 160(1) of the Labour Relations Act.

One certificate was issued for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the County of Renfrew.

Labourers' International Union of North America, Local 527 v. H & B McLachlan Construction Ltd., 2001 CanLII 9924

Stanley Simpson

22 cases1981–2001

Patrick Moran

12 cases1983–2013

Inge M. Stamp

OLRBOntario Labour Relations BoardMay 29, 2001

Grievance dismissed; clear collective agreement language requiring receipts for living expenses overrides past practice.

The union referred a grievance to arbitration alleging the employer violated the collective agreement by requiring employees to provide receipts to claim a $70 daily living expense allowance.

The union argued that past practice and estoppel prevented the employer from changing its long-standing practice of paying the allowance without proof of expenses.

The Board dismissed the grievance, finding no ambiguity in the collective agreement language, which explicitly reserved the employer's right to pay only actual costs incurred.

The Board also found no estoppel, noting the employer gave notice of its intent to enforce the strict language well before the collective agreement expired.

International Union of Elevator Constructors Local 90 v. Schindler Elevator Corporation, 2001 CanLII 18780

Inge M. Stamp

OLRBOntario Labour Relations BoardMay 25, 2001

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

The applicant applied to the Ontario Labour Relations Board.

On consent of the parties, the Board adjourned the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

Wieslaw Wierzba v. Carpenters and Allied Workers Local 27, 2001 CanLII 10614

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 BoardMay 23, 2001

Board orders production of bank records and HRDC applications, with parties splitting initial search costs.

The applicant union sought the production of bank records and HRDC applications relating to the responding parties in the context of related employer and grievance proceedings.

The Board directed the responding parties to make arrangements to obtain the bank records, with the parties to split the costs of the search.

The Board also directed the responding parties to provide copies of applications made to HRDC.

The issue of ultimate cost recovery for the bank charges was deferred to the hearing of the grievance.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Innovative Flooring Inc. and Regency Flooring, 2001 CanLII 19072

Inge M. Stamp

Board directed parties to clarify what remained in dispute regarding inspector's orders on health and safety committee.

The applicant employer appealed two orders issued by a Ministry of Labour inspector regarding the composition and certification of its joint health and safety committee under the Occupational Health and Safety Act, and sought a suspension of the orders pending appeal.

The Board noted that it was unclear from the filed materials to what extent the orders were currently not in compliance.

The Board directed the parties to file brief statements outlining exactly what remained in dispute before determining how to proceed.

FirstOntario Credit Union Ltd. v. Office and Professional Employees’ International Union, 2001 CanLII 17347

Inge M. Stamp

Request for written reasons for an oral evidentiary ruling denied after matters terminated by agreement.

The underlying grievance referrals were terminated pursuant to the parties' agreement to resolve the issues between them.

Subsequently, counsel for the responding parties and an intervenor requested written reasons for the Board's earlier oral ruling refusing to hear extrinsic evidence regarding an alleged ambiguity in the collective agreement.

The Board declined the request, finding that no labour relations purpose would be served by issuing written reasons after the matters had already been terminated.

International Union of Operating Engineers, Local 793 v. Falco Cranes, 2001 CanLII 19898

Nicholas J. Keresztesi

3 cases1999–2001

Mark J. Lewis

20 cases1994–2001

L. Gino Romualdi

Frank D'Abbondanza

5 cases1990–2001

David J. Defrancesco

Inge M. Stamp

Board cancelled scheduled representation vote and directed parties to file written submissions on voting arrangements.

The applicant union requested the cancellation of a scheduled representation vote.

The Ontario Labour Relations Board cancelled the vote scheduled for May 22, 2001, and directed the applicant to file written submissions regarding voting arrangements, with the responding party to reply within three days.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. L.G.R. Tiles Ltd., 2001 CanLII 12385

Inge M. Stamp

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

The applicant union and responding employers agreed to adjourn three applications sine die.

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

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Westpine Carpet & Tile Ltd., 2001 CanLII 18570

Terrence J. Billo

2 cases2001–2008

Robb Brohman

Mike Forristal

Michael Failes

8 cases1987–2010

Jim Laturney

Jim Downey

Ian S. Campbell

19 cases1985–2012

Harry Banderob

Frank Seipe

D. Wray

22 cases1980–2023

D. Brent Labord

14 cases1989–2015

Clarke Melville

3 cases1999–2014

Brett McKenzie

Andy Martin

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardMay 15, 2001

Application adjourned sine die for up to one year pending settlement discussions.

The parties agreed to adjourn the application pending settlement discussions.

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

International Brotherhood of Electrical Workers, Local 804 v. William Roberts Electrical and Mechanical Inc., 2001 CanLII 9885

Inge M. Stamp

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardMay 14, 2001

Application adjourned sine die for up to one year 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 would be deemed terminated if no request to proceed is made.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. J. P. Rowland Construction Ltd., 2001 CanLII 19524

Inge M. Stamp

OLRBOntario Labour Relations BoardMay 9, 2001

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

The applicant requested an adjournment of the application sine die based on the agreement of the parties.

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

Toronto Transit Commission v. Amalgamated Transit Union, Local 113, 2001 CanLII 13343

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardMay 8, 2001

Application for termination of bargaining rights adjourned pending determination of a related application.

The applicant filed an application for termination of bargaining rights under section 63(2) of the Labour Relations Act, 1995.

The applicant requested that a related application be determined before any vote is held in the current application.

The Board granted the request and adjourned the application until the related matter is determined.

Mario Piper v. Sheet Metal Workers’ International Association, Local Union No. 285, 2001 CanLII 3189

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardMay 8, 2001

Representation vote directed in application to terminate bargaining rights.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party's bargaining rights.

The Board found the application timely and that not less than forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken of the employees in the bargaining unit.

Michael Merlin v. Local 27 Carpenters, 2001 CanLII 6567

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardMay 8, 2001

Representation vote directed in application to terminate union's bargaining rights.

The applicant filed an application under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The Board found the application timely and that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

The Board directed that a representation vote be taken.

Farn v. Labourers’ International Union of North America, Local 527, 2001 CanLII 17282

Michael S. Ruddy

19 cases1983–2001

Michael Gottheil

24 cases1986–2003

Geoff McMilllan

David Cowling

35 cases1993–2017

Inge M. Stamp

OLRBOntario Labour Relations BoardMay 1, 2001

Related employer and sale of business applications dismissed; memorandum of settlement did not prohibit subcontracting.

The applicant union filed applications alleging that the responding parties were related employers or that a sale of a business had occurred between them, and that they had violated the Labour Relations Act and a prior memorandum of settlement.

The Board found no evidence of common direction and control or a sale of a business between the Kantec group of companies, Carling Electric, and Boldt 1991.

The Board also dismissed the unfair labour practice complaint, finding no refusal to hire.

Finally, the Board held that the 1994 memorandum of settlement did not explicitly prohibit subcontracting, and therefore Kantec did not breach the settlement by subcontracting electrical work.

The applications were dismissed.

International Brotherhood of Electrical Workers, Local 586 v. K2 Contracting Inc., 2001 CanLII 3212

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardApr 24, 2001

Union certified to represent construction labourers after winning representation vote.

The applicant union applied for certification to represent construction labourers employed by the responding party.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the union, the responding party conceded that the remaining segregated ballots would not affect the outcome.

The Board issued certificates to the union for the industrial, commercial and institutional sector and all other sectors in the appropriate geographic areas pursuant to section 160(1) of the Act.

Labourers’ International Union of North America, Local 493 v. 1017457 Ontario Inc., 2001 CanLII 15767

J. G. Knight

Inge M. Stamp

G. McMenemy