Inge M. Stamp

G. Pickell

G. McMenemy

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

The applicant and responding party 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.

Masonry Council of Unions Toronto and Vicinity v. Fieldgate Development & Construction, 2000 CanLII 10567

Inge M. Stamp

Applications withdrawn with leave of the Board.

The applicant, Dynatec Corporation, sought to withdraw its applications.

The Ontario Labour Relations Board granted leave and the applications were withdrawn.

Dynatec Corporation v. Bob Lemieux and Ministry of Labour, 2000 CanLII 9279

Inge M. Stamp

Application for review terminated following $1,500 settlement between employer and employee.

The applicant sought a review of a refusal to issue an order to pay under section 68 of the Employment Standards Act.

The parties entered into Minutes of Settlement with the assistance of a Labour Relations Officer, agreeing that the employer would pay the applicant $1,500.

As the settlement resolved all issues in dispute, the Board terminated the application in accordance with section 69.1(5) of the Act.

Lori Ellsworth v. Pharmx Rexall Drug Stores Ltd. and Ministry of Labour, 2000 CanLII 8715

Inge M. Stamp

G. Pickell

A. Haward

Default judgment granted against employer for failure to remit benefit trust fund contributions.

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 remit contributions to the benefit trust fund.

The responding party failed to file a Request for Hearing and 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 and ordered it to pay $8,501.11 in damages and $214.00 for the filing fee.

Sheet Metal Workers’ International Association, Local 30 v. Atlantic HVAC Systems Ltd., 2000 CanLII 7049

Inge M. Stamp

Employment standards review application resolved and terminated based on parties' Minutes of Settlement.

The applicant employer applied for a review of an order to pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Board ordered the disbursement of funds held in trust by the Director, with $327.60 returned to the employer and a $100 administration fee retained by the Consolidated Revenue Fund.

Additionally, a settlement payment of $1,000 was ordered to be paid to the employee.

The matter was deemed terminated subject to the Ministry of Labour's right to request a hearing.

Aimco Labour Lease Inc. v. Shirwac Nur and Ministry of Labour, 2000 CanLII 6957

Jerry Raso

73 cases1990–2024

Inge M. Stamp

G. Pickell

A. Haward

Board issues consent declarations binding related employers to collective agreement based on minutes of settlement.

The applicant union filed a grievance against the responding companies under section 133 of the Labour Relations Act, 1995.

The parties reached Minutes of Settlement agreeing that the companies are related employers under section 1(4) of the Act and are bound to the collective agreement.

The Board issued consent orders and declarations in accordance with the Minutes of Settlement.

Sheet Metal Workers’ International Association, Local 235 v. Galbro Construction Services Inc., 2000 CanLII 8117

Inge M. Stamp

G. Pickell

A. Haward

Representation vote directed in construction industry certification application with ballots segregated pending dispute resolution.

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

The Board found that the applicant appeared to have the requisite 40% membership support in the proposed bargaining unit.

Due to disputes over the appropriate bargaining unit description and whether there were employees at work on the application date, the Board directed a representation vote with the ballots to be segregated and the ballot box sealed pending resolution of the outstanding issues.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Scarborough Supply, A Division of Scarborough Construction Company Limited, 2000 CanLII 7191

Inge M. Stamp

G. Pickell

A. Haward

Applications withdrawn with leave of the Board.

The applicant union sought to withdraw its applications against the responding parties.

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

International Union of Operating Engineers, Local 793 v. Norm Brandon Limited, 2000 CanLII 6887

Inge M. Stamp

Extension of time granted to file application for review of an Order to Pay.

The applicant employer sought an extension of time to file an application for review of an Order to Pay under the Employment Standards Act.

The deadline was May 1, 2000, and the application was received on May 5, 2000.

The employer explained that it expected the Order to Pay to be sent to its counsel, and upon realizing counsel had not received it, promptly filed the application and made the requisite payment.

The Board exercised its discretion under section 68(4) of the Act to extend the time limits for filing the application.

Humpty’s Family Restaurant #63 v. Karen Thompson and Ministry of Labour, 2000 CanLII 12480

Inge M. Stamp

Application for review of Order to Pay dismissed because employer's payment cheques were returned NSF.

The applicant employer filed an application for review of an Order to Pay under section 68 of the Employment Standards Act.

The Ministry of Labour advised that the cheques provided by the employer were returned NSF.

The employer failed to respond to the Board's direction for submissions regarding the payment.

As the requisite payment under section 68(7) was not made, the Board dismissed the application for review.

Pantuso Performance Centre Inc. v. Heller, 2000 CanLII 13480

Inge M. Stamp

Extension of time granted for filing an application for review of an Order to Pay.

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

The application was filed one day late, on May 24, 2000, although the requisite payment was made to the Director of Employment Standards on the deadline of May 23, 2000.

The Board exercised its discretion under section 68(4) of the Act to extend the time for applying for review to May 24, 2000.

Tiremag Corp v. Len Welin and Ministry of Labour, 2000 CanLII 11861

Inge M. Stamp

Board has no discretion to waive mandatory payment into trust for Employment Standards Act review.

The applicant employer sought a review of an Order to Pay under the Employment Standards Act and requested special authorization to proceed without paying the ordered amount into trust due to bankruptcy.

The Ontario Labour Relations Board held that section 68(7) of the Act is mandatory and the Board has no discretion to proceed without confirmation from the Director of Employment Standards that the requisite payment has been made.

The Board directed that the application would be deemed terminated if payment was not confirmed by the statutory deadline.

TAS Paralegal Services v. Sandra La Paix and Ministry of Labour, 2000 CanLII 13421

Inge M. Stamp

Applications withdrawn with leave of the Board.

The applicant sought to withdraw its applications.

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

Thompson Hardwoods of Thedford Ltd. v. Ministry of Labour, 2000 CanLII 3224

J. G. Knight

Inge M. Stamp

G. McMenemy

Representation vote directed in construction industry certification application with ballots segregated due to intervenor objections.

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

Two intervenors raised issues regarding the applicant's trade union status, bargaining rights, and the appropriateness of the bargaining unit.

The responding party failed to file a response.

The Board found that the applicant appeared to have the requisite 40% membership support and directed a representation vote for the proposed bargaining unit.

Given the outstanding issues raised by the intervenors, the Board ordered that all ballots be segregated and the ballot box sealed pending further direction.

Allied Construction Employees Local 1030 v. Trexcon Construction (1997) Limited, 2000 CanLII 11731

J. G. Knight

Inge M. Stamp

G. McMenemy

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

The applicant union and responding employer 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 party requests to proceed.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Walter Construction (Canada) Ltd., 2000 CanLII 4789

Inge M. Stamp

Time to appeal Order to Pay extended due to misleading Ministry forms and correspondence.

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

The application was filed four days after the 45-day statutory deadline.

The Board found that the Ministry of Labour had used outdated forms containing incorrect information about the deadline and the Board's address, and had also misstated the deadline in a letter to the employee.

Given the confusing and misleading information from the Ministry, the Board exercised its discretion under section 68(4) to extend the deadline for filing the appeal.

Denison Cold Storage & Distribution Inc. v. Kathleen Roxborough and Ministry of Labour, 2000 CanLII 12766

J. G. Knight

Inge M. Stamp

G. McMenemy

Grievance referral adjourned sine die on consent of the parties.

The applicant union filed a grievance referral against the responding party employer.

On consent of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

Brick and Allied Craft Union of Canada Local 2 v. Limen Masonry Limited, 2000 CanLII 9658

Inge M. Stamp

Board approves settlement in certification application, ordering a second representation vote and $3,000 in damages.

The applicant union filed an application for certification and unfair labour practice allegations against the responding party employer.

Prior to the scheduled hearing, the parties entered into Minutes of Settlement.

The Ontario Labour Relations Board approved the settlement, which included ordering a second representation vote, defining the eligible voters and the appropriate bargaining unit, directing the employer to pay $3,000 in damages, and withdrawing the unfair labour practice allegations.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Cortina Kitchens Inc., 2000 CanLII 12599

Inge M. Stamp