Inge M. Stamp

OLRBOntario Labour Relations BoardJul 20, 1998

Board orders four bargaining units following school board amalgamation and schedules representation votes.

Following the amalgamation of two school boards into the District School Board of Niagara, the parties disputed the appropriate number of bargaining units.

The applicant and several unions argued for four units, while CUPE argued for three, seeking to include professional staff in the office/clerical/technical unit.

The Board determined that four bargaining units were appropriate: Plant, Professional, Instructors, and Office/Clerical/Technical.

The parties agreed on the unit descriptions and the scheduling of representation votes.

District School Board of Niagara v. The Canadian Union of Public Employees and its Locals 152,468 and 1442, 1998 CanLII 18312

M. Lewis

11 cases1991–2001

Inge M. Stamp

OLRBOntario Labour Relations BoardApr 23, 1998

Union certified under section 11 after employer terminated employee for union activity.

The applicant union applied for certification in the construction industry.

The employer did not attend the hearing.

The Board found that the employer violated section 72 of the Labour Relations Act, 1995 by terminating an employee, Jason McDonald, because of his union activity and transferring him to a subcontractor's payroll to threaten his job security.

The Board concluded that a representation vote would not reflect the true wishes of the employees and that no other remedy was sufficient.

The Board granted certification under section 11(1) of the Act.

Labourers' International Union of North America, Local 183 v. Ventara Construction Ltd. c.o.b. as Carriage Hill Homes, 1998 CanLII 18409

Inge M. Stamp

OLRBOntario Labour Relations BoardJan 22, 1998

Board awards 2% wage increase in second year of first collective agreement for road builder.

The parties requested the Ontario Labour Relations Board to arbitrate the settlement of their first collective agreement pursuant to section 43 of the Labour Relations Act, 1995.

The parties agreed on all issues except whether there should be a wage increase in the second year.

The applicant proposed a 2% increase, while the responding party proposed a 0% increase.

The Board reviewed base rates in similar road builders' collective agreements in Northern Ontario and concluded that a 2% increase was reasonable.

The Board awarded a 2% increase to the base rates effective January 1, 1998.

International Union of Operating Engineers, Local 793 v. Maray Construction Ltd., 1998 CanLII 18258

Hugh R. Scher

36 cases1998–2026

Inge M. Stamp

OLRBOntario Labour Relations BoardJan 22, 1998

Unregistered apprentices working within the statutory three-month grace period are eligible to vote in certification applications.

In an application for certification in the construction industry, the Board determined the voter eligibility of several individuals.

The Board declined to dismiss the application under section 11.2 of the Labour Relations Act, finding no prejudice to the responding parties from the delivery of the application.

The Board held that individuals working in a compulsory certified trade within the three-month grace period under section 9 of the Trades Qualification and Apprenticeship Act are lawfully employed and eligible to vote, even if they have not yet registered as apprentices.

However, one individual whose grace period had expired prior to the application date was found ineligible to vote.

The Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada et al. v. Briar Mechanical Limited et al., 1998 CanLII 18260

Jurisdictional dispute dismissed; employer's assignment of formwork to composite crew upheld.

The applicant, Carpenters Local 18, filed a jurisdictional dispute under section 99 of the Labour Relations Act, 1995, challenging the employer's assignment of certain formwork to a composite crew of carpenters and labourers.

The responding parties, Rili Construction Weston Ltd. and Labourers Local 837, defended the assignment.

The Board applied the Canada Millwrights factors, noting that members of both unions had the skill and ability to perform the work, and that the employer's practice and area practice supported the use of a composite crew in the ICI sector.

The Board concluded that the employer's assignment was reasonable and made in good faith, and dismissed the complaint.

United Brotherhood of Carpenters and Joiners of America, Local 18 v. Rili Construction Weston Ltd., 1997 CanLII 15547

John H. McNair

4 cases1987–1996

Joel Levesque

Not Practising Law - Employed1 case1996–1996

Carolyn Hart

In Private Practice21 cases1993–2015

W. N. Fraser

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardJun 20, 1996

Termination application dismissed as the applicant was not performing bargaining unit work on the application date.

The applicant applied to terminate the bargaining rights of the union under the non-ICI collective agreement.

The union argued that the applicant was not performing bargaining unit work on the application date, as he was primarily performing clean-up work in the employer's yard.

The Board found that the collective agreement's recognition clause referred to 'construction projects' and did not cover the yard work performed.

As the applicant was not performing bargaining unit work on the application date, the termination application was dismissed.

Robert Scafe v. Labourers' International Union of North America, Local 1059, 1996 CanLII 11142

M. G. Horan

12 cases1981–1995

Carolyn Hart

In Private Practice21 cases1993–2015

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardSep 5, 1995

F. B. Reaume

OLRB0 cases1992–1997

Interim order granted staying internal union trial pending resolution of unfair labour practice complaint.

The applicant sought an interim order under section 92.1 of the Labour Relations Act to prevent the responding union from proceeding with an internal trial against him for allegedly failing to ensure his crew members paid back dues.

The applicant argued the trial was a reprisal for his involvement in ongoing Board proceedings challenging the union's status.

The Board granted the interim order, finding that the potential harm to the applicant and the risk of chilling witness participation outweighed the union's interest in conducting its internal affairs without interference pending the resolution of the main unfair labour practice complaint.

Hank Brouwers v. Canadian Union of Shinglers and Allied Workers, 1995 CanLII 9939

Gary Caroline

26 cases1988–2012

Fred J. W. Bickford

1 case1995–1995

W. A. Correll

OLRB0 cases1986–1995

P. V. Grasso

OLRB0 cases1983–1997

Inge M. Stamp

OLRBOntario Labour Relations BoardAug 18, 1995

Application for certification granted; existing machinists' collective agreement found not to cover construction ironwork.

The applicant union applied for certification for a unit of ironworkers in the construction industry.

The responding party employer argued the application was untimely because the employees were already covered by a collective agreement with the International Association of Machinists and Aerospace Workers (IAM).

The Board found that the work performed on the application date was construction work within the jurisdiction of the Ironworkers, and that the IAM collective agreement did not cover this work.

As the IAM agreement was not a bar, and the applicant had the requisite membership support, the Board granted the application and issued the certificates.

International Association of Bridge, Structural and Ornamental Iron Workers, Local 759 v. Dingwell's Machinery & Supply Limited, 1995 CanLII 9945

William Jemison

2 cases1982–1995

S. B. D. Wahl

154 cases1980–2001

Robin B. Cumine

23 cases1981–2015

R. Lumley

1 case1995–1995

N. L. Jesin

70 cases1987–2001

H. Martinak

4 cases1990–1995

G. Michaluk

4 cases1993–1995

J. Redshaw

Inge M. Stamp

OLRBOntario Labour Relations BoardMay 25, 1995

F. B. Reaume

OLRB0 cases1992–1997

Jurisdictional dispute complaint dismissed as the Board cannot order work assignment to a union lacking a collective agreement with the employer.

The applicant Millwrights filed a complaint concerning the assignment of work involving the installation of flumes at a Ford engine plant.

The work was performed exclusively by Ironworkers employed by Victoria Steel, which was bound by a collective agreement with the Ironworkers but not the Millwrights.

The Millwrights sought a declaration and order that 50% of the work be assigned to their members, relying on previous Board decisions regarding material handling systems.

The Board dismissed the complaint, finding it had no jurisdiction to bind a contractor to such an order where the applicant union does not have a collective agreement with the employer.

Millwrights District Council of Ontario v. Victoria Steel Corporation, 1995 CanLII 9920

Joseph Liberman

Suspended Administratively53 cases1980–2001

Angela E. Rae

11 cases1994–2015

A. M. Minsky

94 cases1980–2001

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardDec 30, 1994

F. B. Reaume

OLRB0 cases1992–1997

Board finds sale of business where departing directors used redeemed share capital to start competing non-union contractor.

The applicant trade unions alleged that there was a sale of a business from Bondfield Construction Company to Aquicon Construction Co. Ltd., or alternatively, that they were related employers.

Two of the three brothers who owned and directed Bondfield left the company, redeeming their shares for over $400,000, and started Aquicon, a non-union contractor in the same school construction market.

The Board found that the disposition of part of Bondfield's business, including the start-up capital and the expertise of the departing directors, constituted a sale of a business under section 64 of the Labour Relations Act.

Aquicon was declared bound to the applicants' ICI collective agreements.

Labourers' International Union of North America, Local 837 v. Aquicon Construction Co. Ltd., 1994 CanLII 9796

Susan Philpot

1 case1994–1994

N. L. Jesin

70 cases1987–2001

Larry Steinberg

22 cases1987–2008

David Cowling

43 cases1993–2022

J. Redshaw

Inge M. Stamp

D. A. MacDonald

OLRBOntario Labour Relations BoardOct 14, 1994

Board upholds assignment of bulkhead installation for superflat floors to Carpenters and denies reconsideration.

The Labourers filed a jurisdictional dispute complaint regarding the assignment of work involving the fabrication, installation, and dismantling of wooden bulkheads for 'superflat' concrete floors at a Toyota plant expansion.

The general contractor, bound by both Labourers and Carpenters provincial agreements, subcontracted the work to a company bound only to the Labourers.

The Board held a consultation and orally ruled that the work belonged to the Carpenters, based on area practice in the ICI sector.

The Labourers and the subcontractor requested reconsideration, arguing a denial of natural justice because the Board did not hold a full oral hearing or allow viva voce evidence.

The Board denied the reconsideration request, finding that the extensive written materials filed were sufficient to determine the dispute under the expedited procedures of section 93 of the Labour Relations Act.

Labourers International Union of North America, Ontario Provincial District Council Locals 506 and 1081 v. Robertson Yates Corporation Limited, 1994 CanLII 10005

M. Patrick Moran

36 cases1982–2011

B. Chercover

19 cases1980–2000

Inge M. Stamp

H. Kobryn

OLRBOntario Labour Relations BoardApr 29, 1994

G. O. Shamanski

OLRB0 cases1986–1994

Employer violated collective agreement by assigning mechanic's work without union hiring hall referral.

The applicant union referred a grievance to arbitration and filed an unfair labour practice complaint against the responding employer.

The dispute arose when the employer assigned mechanic's work to an improver helper who had passed his exams, without first obtaining a referral from the union's hiring hall.

When the union refused to issue a mechanic's card due to unemployed mechanics on the out-of-work list, the employer deemed the employee to have resigned for refusing the assignment.

The Board held that the employer violated the hiring hall provisions of the collective agreement by failing to use the union as the first source of job applicants before reclassifying the employee.

The grievance was allowed, and the employee was found to have been terminated without just cause.

The unfair labour practice complaint was dismissed.

International Union of Elevator Constructors, Local 50 v. Otis Canada, Inc., 1994 CanLII 9900

W. N. Fraser

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardFeb 16, 1994

Board confirms assignment of heavy water plant demolition for scrap metal to the Labourers.

The applicants filed a jurisdictional complaint regarding the demolition and removal of the inactive Bruce Heavy Water Plant A. The plant was sold for scrap metal, and the demolition work was subcontracted and assigned to the Labourers.

The Board confirmed the assignment to the Labourers, noting that the work involved knocking down the facility for scrap without needing to protect the integrity of the components, which aligns with established practice for construction labourers in the Electrical Power Systems sector.

International Brotherhood of Boilermakers v. Electrical Power Systems Construction Association, 1994 CanLII 9822

J. Redshaw

Inge M. Stamp

D. A. MacDonald

OLRBOntario Labour Relations BoardJan 26, 1994

Installation of precast concrete ducts for electrical cables assigned to IBEW over Labourers.

The Labourers' International Union of North America, Local 1089 and the International Brotherhood of Electrical Workers, Local 530 disputed the assignment of work involving the installation of a Trenwa duct system at a compressor station.

The employer had subcontracted the work to a company bound by the Labourers' agreement.

The Ontario Labour Relations Board found that the duct system was for the exclusive purpose of housing electrical cables and was part of the electrical installation.

The Board directed that the disputed work be assigned to members of the IBEW.

Labourers' International Union of North America, Local 1089 v. International Brotherhood of Electrical Workers, Local 530 and Adam Clark Company Ltd., 1994 CanLII 9816

N. L. Jesin

70 cases1987–2001

Carl Peterson

53 cases1984–2023

R. W Pirrie

OLRB0 cases1985–1998

J. Kurchak

OLRB0 cases1989–1993

Inge M. Stamp

OLRBOntario Labour Relations BoardFeb 23, 1993

Manufacture and supply of concrete from a permanent facility is not covered by the Pipeline Agreement.

The applicant unions filed grievances alleging that the responding party violated the Mainline Pipeline Agreement by failing to apply it to the manufacture and supply of concrete from a permanent batching plant in Cochrane.

The concrete was supplied to a contractor manufacturing concrete weights for a pipeline project.

The Ontario Labour Relations Board dismissed the grievances, finding that the manufacture and supply of concrete from a permanent facility is not construction work covered by the Pipeline Agreement, distinguishing it from portable batching plants used on-site.

One Board Member dissented in part regarding the Teamsters' agreement.

International Union of Operating Engineers and its Local 793 v. Custom Concrete Northern Ltd., 1993 CanLII 7800

Barry Brown

25 cases1983–2014

A. M. Minsky

94 cases1980–2001

W. N. Fraser

J. Redshaw

Inge M. Stamp

OLRBOntario Labour Relations BoardFeb 19, 1993

Commissioning of software for environmental and fire alarm systems is construction work covered by the collective agreement.

The applicant union referred a construction industry grievance to the Board, alleging that the respondent employer violated the provincial collective agreement by using non-union personnel to perform electrical work.

The disputed work involved the commissioning of the Environmental Control and Fire Alarm Systems at a hospital project, specifically tasks related to programmable controllers and software verification.

The respondent argued that the commissioning of software was not construction work and therefore fell outside the union's jurisdiction.

The Board held that the commissioning of the systems, including both hardware and software (excluding the use of high-level computer language like Pascal), is part of the construction phase and falls within the ICI provisions of the collective agreement.

The Board found a violation of the agreement and remained seized on the quantum of damages.

International Brotherhood of Electrical Workers, Local 353 v. Honeywell Limited, 1993 CanLII 7797

W. N. Fraser

Inge M. Stamp

H. Kobryn

OLRBOntario Labour Relations BoardFeb 20, 1992

Reconsideration of certification denied; union membership fee paid via loan or gift from co-workers is valid.

An employee requested reconsideration of a certification decision, alleging that another employee did not pay the $1.00 union membership fee himself, but rather had it paid by two other employees.

The Board found that whether the money was a gift or a loan, it became the employee's money to dispose of as he pleased, and advancing it for union membership met the statutory requirements.

The request for reconsideration was denied.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 527 v. Ken Acton Plumbing & Heating Inc., 1992 CanLII 6739

R. Andrew Staniusz

2 cases1992–1996

Laurence C. Arnold

24 cases1981–2001

James Hayes

66 cases1980–2000

Inge M. Stamp

D. A. MacDonald

OLRBOntario Labour Relations BoardJan 2, 1992

C. A. Ballentine

OLRB0 cases1980–1992

Scope of past practice evidence in jurisdictional dispute restricted to precast concrete ducts in ICI sector.

In a jurisdictional dispute complaint between the Labourers and the IBEW over the installation of precast concrete duct systems, the parties sought a preliminary ruling on the scope of relevant past practice evidence.

The IBEW argued that evidence should be restricted to the ICI sector but include all types of conduit duct banks.

The Labourers and the employer argued that evidence should be restricted to precast concrete duct systems but not limited to the ICI sector.

The Board ruled that the scope of past practice evidence would be restricted to precast concrete ducts in the ICI sector in Board Area No. 2, finding that expanding the scope would add significant hearing days without corresponding benefit.

Labourers' International Union of North America, Local 1089 v. International Brotherhood of Electrical Workers, Local 530, 1992 CanLII 6802

W. R. Herridge Q. C.

6 cases1980–1991

Elizabeth Mitchell

39 cases1988–2007

W. H. Wightman

P. V. Grasso

OLRB0 cases1983–1997

Inge M. Stamp

OLRBOntario Labour Relations BoardOct 28, 1991

Board grants related employer declaration in certification application despite absence of prior bargaining rights.

The applicant union applied for certification and sought a related employer declaration under section 1(4) of the Labour Relations Act, arguing that Excavating and Lawrence Construction were under common control and direction.

The respondents objected, arguing that section 1(4) could not be used to acquire bargaining rights where none previously existed.

The Board ruled that it had jurisdiction to make a related employer declaration in the context of a certification application.

Finding that the two entities were associated businesses under common control, the Board declared them a single employer and issued certificates to the applicant.

Labourers' International Union of North America, Ontario Provincial District Council v. 713537 Ontario Inc. c.o.b. as H.T. Lawrence Excavating, 1991 CanLII 6017

S. B. D. Wahl

154 cases1980–2001

Inge M. Stamp

H. Kobryn

D. A. MacDonald