Inge M. Stamp

OLRBOntario Labour Relations BoardJun 6, 2000

Application for review of refusal to issue order terminated following parties' execution of Minutes of Settlement.

The applicant sought a review of an Employment Standards Officer's refusal to issue an order to pay.

The parties entered into Minutes of Settlement with the assistance of a Labour Relations Officer, resolving all issues in dispute for a payment of $35.00.

The Board noted that the settlement is binding and terminated the application in accordance with subsection 69.1(5) of the Employment Standards Act.

John Doucet v. Canadian Audiological Services, 2000 CanLII 2617

Employer ordered to pay benefit arrears and post bond 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 make required benefit payments.

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, ordered payment of $10,178.85 in benefit arrears, directed the posting of a $20,000 cash bond, and awarded $214 in costs.

International Association of Bridge, Structural Ornamental and Reinforcing Ironworkers, Local 700 v. Visentin Steel Fabricators Ltd., 2000 CanLII 6560

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardJun 5, 2000

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

The applicants and responding parties agreed to adjourn the applications sine die.

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

The International Union of Bricklayers and Allied Craftsmen v. Adlers Main Tile & Carpet Co. Ltd., 2000 CanLII 11017

Inge M. Stamp

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJun 2, 2000

Application for certification adjourned sine die on consent of the parties.

The applicant union requested that its application for certification in the construction industry be adjourned sine die for a period of not more than one year, pursuant to an agreement between the parties.

The Ontario Labour Relations Board granted the request and adjourned the matter sine die, noting that it would be deemed terminated if no party requested to proceed within that time.

Universal Workers Union, L.I.U.N.A. Local 183 v. S.G. Tomosvary & Associates Limited, 2000 CanLII 12838

Inge M. Stamp

G. Pickell

G. McMenemy

Board directs employer's non-compliance application and union's unfair labour practice complaint be heard together.

The employer requested that its section 96(7) application regarding non-compliance with minutes of settlement be heard as a discrete matter at the beginning of a previously scheduled hearing for an unfair labour practice complaint.

The union agreed to hearing the matters together but requested an adjournment to prepare.

The Board directed that both matters be heard together on the originally scheduled date, noting that the minutes of settlement related to the unfair labour practice complaint and the participants were the same.

Teamsters Local Union #230 v. Lafarge Canada Inc., 2000 CanLII 11873

Inge M. Stamp

G. Pickell

G. McMenemy

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

The applicant union requested an adjournment sine die pending settlement discussions.

The Ontario Labour Relations Board granted the request and adjourned the matter for a period not exceeding one year, cancelling the scheduled hearing.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Brian Jones c.o.b. as Gibson Rebar Services and/or B. K. Jones General Contractors, 2000 CanLII 13334

Inge M. Stamp

G. Pickell

A. Haward

Board issues consent order for $123,985.10 in damages following settlement of construction industry grievance.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

Prior to the scheduled hearing, the parties reached a settlement.

The Board issued a consent order declaring that the responding parties were bound by and had violated the applicable collective agreement, and ordered the payment of $123,985.10 in damages in accordance with the agreed payment schedule.

International Union of Operating Engineers, Local 793 v. Battaglia Contracting, Division of 949590 Ontario Inc., 2000 CanLII 1896

Inge M. Stamp

G. Pickell

G. McMenemy

Displacement application for certification dismissed as barred by previous unsuccessful application for broader bargaining unit.

The applicant union filed a displacement application for certification for a bargaining unit of carpenters engaged in low-rise residential construction.

The intervenor union argued the application was barred because a previous application by the applicant for a broader provincial unit of carpenters was dismissed less than a year prior.

The Board agreed with the intervenor, finding that allowing an unsuccessful applicant for a broader unit to re-apply for a sub-unit within the one-year period would defeat the purpose of the statutory bar.

The application was dismissed pursuant to section 111(2)(k) of the Labour Relations Act, 1995.

Labourers’ International Union of North America v. 870528 Ontario Limited, 2000 CanLII 6875

Inge M. Stamp

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardMay 26, 2000

Application withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw its application.

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

Millwright Regional Council of Ontario v. Mainway Industrial Installations Inc., 2000 CanLII 5422

Inge M. Stamp

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardMay 26, 2000

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

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

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

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Empire Flooring, 2000 CanLII 8706

Inge M. Stamp

G. Pickell

A. Haward

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

The applicant requested that the matters be adjourned sine die pending settlement discussions.

The Ontario Labour Relations Board granted the request, adjourning the matters for a period not exceeding one year, after which they will be deemed terminated if no further request is made.

Drywall Acoustic Lathing and Insulation Local 675 United Brotherhood of Carpenters and Joiners of America v. Balko Drywall Inc., 2000 CanLII 13478

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 issued by an Employment Standards Officer.

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

The Ontario Labour Relations Board ordered the disbursement of the $1,161.64 held in trust by the Director in accordance with the settlement, and terminated the application.

Mayaka International (Canada) Inc. v. Ocean Koon, 2000 CanLII 4020

Inge M. Stamp

G. Pickell

A. Haward

Representation vote directed in construction industry certification application.

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 is a trade union and an affiliated bargaining agent.

Based on the information provided, the Board determined that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

The Board defined the appropriate bargaining unit and directed that a representation vote be taken.

United Brotherhood of Carpenters and Joiners of America v. Waverley Glen Systems Ltd., 2000 CanLII 5493

Inge M. Stamp

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

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 the disbursement of funds held in trust by the Director.

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

1278902 Ontario Inc. v. Brigitte Harrison and Ministry of Labour, 2000 CanLII 4648

Inge M. Stamp

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

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

The employer and the affected employees entered into Minutes of Settlement agreeing to disburse the $2,107.08 held in trust by the Director.

The Board ordered the funds disbursed in accordance with the settlement and terminated the application.

Johnson Trenching Operations (JTO Ltd.) v. Luc Bourassa and Jean Bourassa and Ministry of Labour, 2000 CanLII 3445

Inge M. Stamp

Board directed parties to file briefs and scheduled a consultation for unresolved issues.

The applicant brought an application under the Public Sector Labour Relations Transition Act, 1997.

Following an officer's report that issues remained in dispute, the Board directed the parties to file briefs and documents in accordance with the Board's Rules of Procedure.

The Board scheduled a consultation to hear representations on the unsettled matters and directed the employer to post the decision.

Hamilton Health Sciences Corporation v. Canadian Union of Public Employees, Local 794, 2000 CanLII 6800

Inge M. Stamp

Application for review of Order to Pay terminated following 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 entered into Minutes of Settlement agreeing to split 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.

Flint Packaging Products Ltd. o/a Flint Displays and Packaging v. Krishna Prasad and Ministry of Labour, 2000 CanLII 3658

Inge M. Stamp

Application withdrawn with leave of the Board.

The applicant, National Grocers, sought to withdraw its application.

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

National Grocers v. Retail Wholesale Canada, (Div. Of USWA), 2000 CanLII 1316

Inge M. Stamp

Adjournment request denied as responding party did not consent and no extraordinary circumstances were shown.

The applicant requested an adjournment of a scheduled hearing.

The responding party did not consent.

The Ontario Labour Relations Board denied the request, noting that adjournments are not granted absent consent or extraordinary circumstances beyond the parties' control, and the applicant's reasons were not persuasive.

Rudolph’s Specialty Bakeries Ltd. v. Thomas Johnston and Ministry of Labour, 2000 CanLII 12885

Inge M. Stamp