Inge M. Stamp

OLRBOntario Labour Relations BoardNov 28, 2000

Application for review of Order to Pay terminated following parties' Minutes of Settlement.

The employer applied for a review of an Order to Pay issued by an Employment Standards Officer.

The employer and the employee subsequently entered into Minutes of Settlement to resolve the matter.

The Ontario Labour Relations Board ordered the disbursement of the $1,015.20 held in trust by the Director in accordance with the settlement, subject to any written objection from the Ministry of Labour within 10 days.

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

Sheridan Ford Lincoln Sales Ltd. v. Daniel Szymczak, 2000 CanLII 3677

Grievance allowed in default proceeding for unpaid wages, but blanket production order for other jobsites 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 pay proper wages and contributions for overtime hours at a specific jobsite.

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 the facts alleged in the application.

The Board found the responding party bound by the collective agreement and ordered it to pay $805.95 in damages and $214.00 in statutory costs.

However, the Board denied the applicant's request for a blanket production order for all payroll records across all jobsites, as the grievance only identified a single jobsite.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Metro Forming Ltd., 2000 CanLII 5051

Inge M. Stamp

Application for review of employment standards decision dismissed as untimely where no reasons for delay provided.

The applicant filed an application for review of an Employment Standards Officer's decision denying his claim for overtime pay.

The application was filed beyond the 45-day statutory time limit.

The Board requested written submissions on why an extension of time should be granted.

The applicant's response reiterated his substantive claim but did not address the delay.

The Board declined to extend the time and dismissed the application as untimely.

Mark Habinski v. Fabhaven Industries and Ministry of Labour, 2000 CanLII 7514

J. G. Knight

Inge M. Stamp

G. McMenemy

Employers ordered to pay $106,798.09 in unpaid 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 employers failed to make required contributions and remittances under various collective agreements.

The responding parties failed to file a Request for Hearing and Notice of Intent to Defend.

Proceeding by default, the Board deemed the facts in the application accepted, declared the employers bound by the collective agreements, found they violated the agreements, and ordered them to pay $106,798.09 in damages plus $214.00 in costs.

Labourers’ International Union of North America, Local 527 v. Rose Mechanical ltd., 2000 CanLII 8460

Inge M. Stamp

Extension of time granted for an application for review filed two days late.

The applicant filed an application for review two days beyond the 45-day time limit.

The Ontario Labour Relations Board exercised its jurisdiction to grant an extension of time, finding it appropriate in the circumstances to render the matter timely.

Yolanda Molinuevo Ortega v. Jetabout North America Inc., 2000 CanLII 13333

Inge M. Stamp

Time for filing submissions extended.

The Ontario Labour Relations Board granted an extension of time for the applicants to file and deliver their submissions to December 1, 2000.

The responding parties were granted five days after receipt of the applicants' documents to file their submissions.

The Hydro-Electric Commission of the City of Nepean et al. v. IBEW Local 636 et al., 2000 CanLII 10533

J. G. Knight

Inge M. Stamp

G. McMenemy

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

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 will be deemed terminated if neither party requests to proceed.

Brick and Allied Craft Union of Canada, Local 31 v. Buttcon Limited, 2000 CanLII 7065

J. G. Knight

Inge M. Stamp

G. McMenemy

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 application will be deemed terminated if neither party requests to proceed.

Universal Workers Union, L.I.U.N.A. Local 183 v. Warren Bitulithic Limited, 2000 CanLII 9106

Inge M. Stamp

Extension of time granted for late-filed employer request for review of Order to Pay.

The applicant employer filed a request for review of an Order to Pay four days beyond the 45-day time limit.

The requisite payment in support of the appeal was made in a timely fashion.

The Board exercised its jurisdiction to grant an extension of time, rendering the application timely.

Ridgehill Ford Sales (1980) Limited v. Garry Phipps and Ministry of Labour, 2000 CanLII 4048

Inge M. Stamp

Application withdrawn with leave of the Board.

The applicant, Ron Kowalski, sought to withdraw his application against AgriBio Tech Canada Inc. and the Ministry of Labour.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Ron Kowalski v. AgriBio Tech Canada Inc. and Ministry of Labour, 2000 CanLII 9731

J. G. Knight

Inge M. Stamp

G. McMenemy

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave to withdraw the application.

Brick and Allied Craft Union of Canada/Bacu-Canada Local 2, Toronto/Barrie, Ontario v. Leo Jan Masonry Limited, 2000 CanLII 4782

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, agreeing to disburse the funds held in trust by the Director.

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

Italian Home Bakery Limited v. Iolanda De Maria, 2000 CanLII 3920

Inge M. Stamp

Application withdrawn with leave of the Board.

The applicant, M & T Insta-Print Ltd., sought to withdraw its application against the responding parties.

The Ontario Labour Relations Board granted leave to withdraw the application.

M & T Insta-Print Ltd. v. Maureen Huggins, Susan Goodison. and Ministry of Labour, 2000 CanLII 10455

J. G. Knight

Inge M. Stamp

G. McMenemy

Consent adjournment sine die granted for up to one year.

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

The Ontario Council of the International Union of Painters and Allied Trades v. Harding Glass & Mirror Ltd., 2000 CanLII 5236

Inge M. Stamp

Appeal terminated for failure to file the required Form A-65 within the specified time.

The applicant filed an appeal under section 61(1) of the Occupational Health and Safety Act.

The Registrar advised the applicant that the appeal did not comply with the Board's Rules of Procedure and required a properly completed Form A-65 within 10 working days.

The applicant failed to file the form, and the Board terminated the proceeding.

Siemens Canada Limited v. Ministry of Labour, 2000 CanLII 1442

Inge M. Stamp

G. Pickell

A. Haward

Board issues ICI sector certificate while non-ICI sector bargaining rights dispute remains pending.

The applicant union applied for certification in the construction industry.

Following a representation vote in which the applicant received majority support, the intervenor union objected to the issuance of a certificate, arguing it held bargaining rights for non-ICI construction labourers in Board Area No. 8.

The Board held that under sections 158 and 160 of the Labour Relations Act, 1995, it could issue a certificate confined to the industrial, commercial and institutional (ICI) sector while the dispute over non-ICI bargaining rights was resolved.

The Board issued the ICI certificate and referred the remaining non-ICI issue to the Registrar for a hearing.

Labourers’ International Union of North America, Local 506 v. Yukon Construction Inc., 2000 CanLII 12120

Inge M. Stamp

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardNov 22, 2000

Matter terminated following the filing of Minutes of Settlement.

The applicant union and responding party employer filed Minutes of Settlement with the Ontario Labour Relations Board.

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

Construction and Allied Workers Local Union 607 v. Castonguay Blasting Ltd., 2000 CanLII 4257

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardNov 21, 2000

Terminal date for filing responses extended to November 29, 2000.

The Ontario Labour Relations Board extended the terminal date for filing responses to November 29, 2000, and relieved against Rule 15 to the extent necessary.

United Brotherhood of Carpenters and Joiners of America v. Timberline Construction Group Western, 2000 CanLII 2975

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardNov 21, 2000

Consent adjournment sine die granted for a period not exceeding one year.

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, District Council 46 (Local Union 1904) v. Algoma Autobody (Sault) Ltd. (Power Wash Division), 2000 CanLII 8205

J. G. Knight

Inge M. Stamp

G. McMenemy