Inge M. Stamp

OLRBOntario Labour Relations BoardApr 3, 2000

Request for reconsideration dismissed as no new facts or matters were raised.

The applicant requested reconsideration of a Board decision dated February 9, 2000.

The applicant filed documents and took issue with the union's response, stating an intention to raise issues with the Labour Relations Officer.

The Board dismissed the request, finding that the applicant did not raise any facts that were not or could not have been raised earlier, nor any matters not already considered by the Board.

Barbara Horn v. United Steelworkers of America and its Local 260, 2000 CanLII 12782

Inge M. Stamp

OLRBOntario Labour Relations BoardMar 29, 2000

Board lacks jurisdiction to return administration fee when an Employment Standards appeal is settled.

The employer appealed an Order to Pay under the Employment Standards Act.

The parties subsequently settled the matter, and the employee authorized the return of the funds held in trust to the employer.

The Ministry of Labour took the position that the administration fee could not be returned because the Order to Pay was not rescinded.

The Board held that it lacks jurisdiction to direct the return of the administration fee where an appeal has been settled or withdrawn.

The Board ordered the Director of Employment Standards to remit the principal amount of $1,743.41, plus accrued interest, to the employer's counsel in trust.

Mipps Systems Solutions Inc. v. Valerie Vautour and Ministry of Labour, 2000 CanLII 13317

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

The applicant union and responding employer agreed to adjourn the grievance referral sine die.

The Ontario Labour Relations Board granted the consent adjournment for a period not exceeding one year, after which the application will be deemed terminated if neither party requests to proceed.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. CD Interior Ltd., 2000 CanLII 8231

Inge M. Stamp

Matter terminated pursuant to section 69(5) of the Act based on Ministry information.

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

Based on information provided by the Ministry of Labour, the Board terminated the matter pursuant to section 69(5) of the Act.

Taps N Mugs Ltd. Haroutunian Group of Restaurants Ltd. v. Kevin Jones and Ministry of Labour, 2000 CanLII 5292

Inge M. Stamp

Application withdrawn with leave of the Board following a memorandum of settlement.

The applicant sought to withdraw the application pursuant to a Memorandum of Settlement dated March 20, 2000.

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

Daniel Kahraman v. McNairn Packaging and Ministry of Labour, 2000 CanLII 3792

Inge M. Stamp

Application to suspend health and safety inspector's orders pending appeal dismissed for lack of compelling grounds.

The applicant employer sought to suspend several orders made by a health and safety inspector pending an appeal.

The employer argued that some orders had been complied with, that suspension would not jeopardize worker safety, and that it would suffer prejudice.

The Ministry of Labour and the union opposed the suspension of the remaining orders, arguing that the employer had not addressed the hazards and that suspension would endanger worker safety.

The Board dismissed the application, finding that the employer failed to provide compelling grounds to rebut the presumption that the inspector's orders are correct and should not be suspended prior to a hearing on the merits.

Canadian Waste Services Inc. v. Canadian Union of Public Employees, 2000 CanLII 12199

J. G. Knight

Inge M. Stamp

A. Haward

Board directs representation vote in construction industry certification application treated as a displacement application.

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

An intervenor union filed an intervention, asserting the application should be dismissed without prejudice to filing a displacement application, as it had an existing collective agreement with the employer.

The applicant disputed the validity of the collective agreement but alternatively requested to amend its bargaining unit to mirror the intervenor's agreement for a displacement application.

The Board found it appropriate to treat the application as a displacement application, amended the bargaining unit description, and directed a representation vote to ascertain the employees' wishes.

Universal Workers Union, L.I.U.N.A. Local 183 v. Metal Tech Systems Inc., 2000 CanLII 12912

Inge M. Stamp

Application withdrawn with leave of the Board following filing of Minutes of Settlement.

The applicant and the employer filed Minutes of Settlement with the Board.

Having regard to the settlement, the Board granted leave to withdraw the application.

Greg Johnson v. Amity Residential Treatment Centre, 2000 CanLII 13095

J. G. Knight

Inge M. Stamp

G. McMenemy

Applications withdrawn with leave of the Board following a memorandum of settlement.

The applicant union sought to withdraw its applications against the responding parties following a Memorandum of Settlement dated February 22, 2000.

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

United Brotherhood of Carpenters and Joiners of America, Local 494 v. Ravata Drywall & Acoustics, 2000 CanLII 1641

Inge M. Stamp

Appeal of OHSA inspector's order dismissed as untimely with no statutory power to extend deadline.

The applicant appealed an order made by an Occupational Health and Safety Act inspector.

The appeal was filed after the 30-day statutory deadline.

The Ontario Labour Relations Board dismissed the application, noting that it was untimely and there is no statutory provision permitting the Board to relieve against the time limit for such appeals.

Joseph A. Cammaert (CAW, L. 127) v. Ministry of Labour, 2000 CanLII 12871

J. G. Knight

Inge M. Stamp

G. McMenemy

Grievance referral withdrawn with leave of the Board following the filing of Minutes of Settlement.

The applicant referred a construction industry grievance to arbitration under section 133 of the Labour Relations Act, 1995.

Prior to the scheduled hearing, the parties met with a Labour Relations Officer and filed Minutes of Settlement.

Having regard to the settlement, the Board granted leave to withdraw the referral and cancelled the hearing.

International Brotherhood of Electrical Workers, Local 402 v. Blenkhorn-Sayers, A Division of Sayers & Associates Limited, 2000 CanLII 17174

J. G. Knight

Inge M. Stamp

A. Haward

Application adjourned sine die for up to one year pending Minutes of Settlement.

The applicant union requested an adjournment sine die pending Minutes of Settlement.

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

Universal Workers Union, L.I.U.N.A. Local 183 v. Con-Elco Underground Utility Contractors/Con-Elco Ltd., 2000 CanLII 13487

Inge M. Stamp

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application against the respondents.

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

Clemmer Industries Limited v. United Steelworkers of America, Local 3534-01, 2000 CanLII 3608

J. G. Knight

Inge M. Stamp

G. McMenemy

Representation vote cancelled after intervening union asserted an existing collective agreement with the employer.

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

A representation vote was scheduled.

Shortly before the vote, an intervening trade union asserted it had an existing collective agreement with the responding party, making the application a timely displacement application.

Neither the applicant nor the responding party had disclosed this potential claim in their filings.

The Board cancelled the scheduled representation vote and directed the intervener to file its submissions regarding the validity of the collective agreement and the applicant's request to amend the bargaining unit description.

Universal Workers Union, L.I.U.N.A. Local 183 v. Metal Tech Systems Inc., 2000 CanLII 12789

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 employees entered into Minutes of Settlement agreeing to disburse the funds held in trust by the Director, with the majority returning to the employer and none to the employees.

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

Liberty Towing a Division of Laliberte Construction v. Rudy Jug, Robin Zinger and Ministry of Labour, 2000 CanLII 3566

Inge M. Stamp

Application terminated for failure to file a proper application.

The applicant employer failed to file a proper application pursuant to a prior Board decision.

The Board terminated the matter.

Donn-Marr Welding Supply Inc. v. Ministry of Labour, 2000 CanLII 12147

Inge M. Stamp

Application for review of Order to Pay dismissed for late filing after applicant failed to respond.

The applicant filed an application for review of an Order to Pay under the Employment Standards Act outside the 45-day statutory time limit.

The Board requested submissions on why the appeal should be considered timely or why an extension should be granted.

The applicant failed to respond.

The Board dismissed the application as untimely.

1200201 Ontario Limited o/a Mr. Sub v. Anita Goodrich and Ministry of Labour, 2000 CanLII 13218

Inge M. Stamp

OLRBOntario Labour Relations BoardMar 20, 2000

Application adjourned sine die on consent 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.

Anthony Wohlfarth v. CAW Social Justice Fund/CAW Canada and Ministry of Labour, 2000 CanLII 8097

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardMar 20, 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.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Toronto Board of Education Staff Credit Union Limited, 2000 CanLII 9959

J. G. Knight

Inge M. Stamp

G. McMenemy