Inge M. Stamp

OLRBOntario Labour Relations BoardSep 24, 2001

Employee appeal of Employment Standards Officer's decision dismissed as untimely.

The applicant filed an appeal under section 68 of the Employment Standards Act requesting a review of an Employment Standards Officer's decision.

The officer's decision was dated March 5, 2001, but the appeal was not filed until July 26, 2001, well beyond the 45-day statutory deadline.

Finding no circumstances to justify extending the time for filing, the Ontario Labour Relations Board dismissed the application as untimely.

Fareeda Mongrue v. Panasonic Canada Inc., 2001 CanLII 6901

Board issues consent order incorporating settlement for unpaid union contributions.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding party failed to make required contributions under the collective agreement.

Prior to the hearing, the parties entered into Minutes of Settlement wherein the responding party acknowledged the violation and agreed to pay $48,048.35 in damages, with post-dated cheques totalling $50,557.27 provided.

The Board issued a consent order incorporating the Minutes of Settlement.

Labourers’ International Union of North America, Local 527 v. O’Leary’s Limited, 2001 CanLII 13992

Inge M. Stamp

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardSep 20, 2001

Union decertified as bargaining agent after majority of employees voted in opposition during representation vote.

The applicant filed a termination application to decertify the responding party union as the bargaining agent for electricians and apprentices employed by Trevor Phillips Electric Limited and/or 1087325 Ontario Inc. A representation vote was held, and more than fifty percent of the ballots were cast in opposition to the union.

The union advised it would not call evidence or attend the scheduled hearing, and the applicant requested the matter be processed in the usual manner.

The Ontario Labour Relations Board declared that the union no longer represents the employees in the bargaining unit and ordered the destruction of the ballots after 30 days.

Baird v. International Brotherhood of Electrical Workers, 2001 CanLII 2678

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardSep 20, 2001

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

The Ontario Labour Relations Board granted a consent request to adjourn the application sine die for a period not exceeding one year.

If neither party requests to proceed within that time, the matter will be deemed terminated.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. R.G.L. Drywall Ltd., 2001 CanLII 5890

Inge M. Stamp

OLRBOntario Labour Relations BoardSep 20, 2001

Board grants adjournment of hearing date on consent of applicant and responding parties despite intervenor's opposition.

The applicant and responding parties agreed to adjourn a one-day hearing scheduled for September 25, 2001, while the intervenor opposed the request.

The Ontario Labour Relations Board reviewed the written submissions and found it appropriate to grant the adjournment.

The matter will continue on the previously scheduled dates in October 2001.

United Brotherhood of Carpenters and Joiners of America, Local 93 v. W.D. Laflamme Limited, 2001 CanLII 18716

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardSep 18, 2001

Union certified to represent plumbers and steamfitters following a successful representation vote.

The applicant trade union applied for certification.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board issued certificates to the union.

The certificates cover plumbers, steamfitters, and their apprentices employed by the responding party in the industrial, commercial, and institutional sector province-wide, and in all other sectors in the City of Ottawa and the United Counties of Prescott and Russell.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 71 v. Exner Plumbing & Heating Ltd., 2001 CanLII 18572

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardSep 18, 2001

Application for termination of bargaining rights dismissed for lacking proper documentary evidence of employee wishes.

The applicants filed an application for termination of bargaining rights under the Labour Relations Act, 1995.

The application was accompanied by letters and an incomplete section 96 complaint, but lacked documentary evidence indicating that the employees did not wish to be represented by the trade union.

The lists of signatures provided did not reference a desire to terminate bargaining rights and did not disclose the dates they were signed.

The Board dismissed the application for failure to comply with section 63(4) of the Act and Rule 138 of the Board's Rules of Procedure.

Employees Essroc Italcementi Group, Terry Munro v. Teamsters Local 91, 2001 CanLII 9206

Inge M. Stamp

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 under section 68 of the Employment Standards Act.

The parties entered into written Minutes of Settlement with the assistance of a Labour Relations Officer.

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

Sara Soltani v. 1249340 Ontario Inc. o/a Ibiza Republic, 2001 CanLII 12006

Inge M. Stamp

Employment standards application terminated following settlement between the parties.

The applicant sought a review of an Employment Standards Officer's decision.

Prior to the hearing, the parties advised the Board that they had resolved the matter.

The Board terminated the proceeding and cancelled the scheduled hearing.

Michael Morton v. Yorkview Plastics Limited, 2001 CanLII 12867

Inge M. Stamp

Application for review of Order to Pay pending confirmation of required payment into trust.

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

The Board noted that it had not received confirmation from the Director of Employment Standards that the requisite payment into trust or an irrevocable letter of credit had been provided, as required by section 68(7) of the Act.

The Board directed the Director to advise within 10 days whether the applicant had complied, failing which the application would be terminated.

Richard Cox Graphics Inc. o/a Glenview Graphics v. Rick Dowling, 2001 CanLII 3586

Inge M. Stamp

Application withdrawn with leave of the Board pursuant to a memorandum of agreement.

The applicant, Dufferin Aggregates, sought to withdraw its application pursuant to a Memorandum of Agreement dated August 15, 2001.

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

Dufferin Aggregates v. Garnet Stagg and Ministry of Labour, 2001 CanLII 7282

Inge M. Stamp

Application for review terminated due to applicant's failure to file the correct form.

The applicant filed an application for review under the Employment Standards Act.

The Board directed the applicant to resubmit the application on the correct form within 10 working days to comply with the Board's Rules of Procedure.

The applicant failed to respond.

The Board terminated the matter.

Marija Babic v. Z Com Canada and Ministry of Labour, 2001 CanLII 15538

Inge M. Stamp

Application withdrawn with leave of the Board pursuant to Minutes of Settlement.

The applicant union sought to withdraw its application pursuant to Minutes of Settlement filed with the Board.

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

Ontario Public Service Employees’ Union v. Ministry of Correctional Services, 2001 CanLII 3282

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 issued by an Employment Standards Officer.

The employer and the employee entered into Minutes of Settlement agreeing to disburse the $11,000 held in trust by the Director.

The Board ordered the funds to be disbursed in accordance with the settlement, with $5,000 to the employer, $5,000 to the employee, and $1,000 retained by the Consolidated Revenue Fund, and terminated the application.

Honda of Canada Manufacturing v. Gillian Flowler, 2001 CanLII 19922

Inge M. Stamp

Application for review of employment standards decision terminated following settlement between the parties.

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

The parties entered into written Minutes of Settlement with the assistance of a Labour Relations Officer.

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

David Leskowski v. Jones & Associates Insurance Brokers, 2001 CanLII 3117

J. G. Knight

Inge M. Stamp

G. McMenemy

Union certification application dismissed after failing to secure majority in representation vote.

The applicant union filed an application for certification.

A representation vote was held, but the union failed to secure more than 50 per cent of the ballots cast by employees in the bargaining unit.

No statement of desire to make representations was filed.

Consequently, the Ontario Labour Relations Board dismissed the application and directed the parties' attention to section 10(3) of the Act regarding the effect on any subsequent applications filed within one year.

United Brotherhood of Carpenters and Joiners of America, Local 1669 v. Nor-Eng Construction & Engineering Inc., 2001 CanLII 11904

Inge M. Stamp

Application for review of refusal to issue order terminated following parties' written settlement.

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

The parties entered into written Minutes of Settlement with the assistance of a Labour Relations Officer.

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

Diane Uurainen v. Sutton Group Today’s Realty Co. Ltd., 2001 CanLII 5495

Inge M. Stamp

OLRBOntario Labour Relations BoardSep 14, 2001

Duty of fair representation complaint dismissed due to excessive and unpersuasive eight-year delay.

The applicant filed a duty of fair representation complaint against the union eight to nine years after his employment was terminated.

The applicant alleged that the delay was due to the time it took to sort out his Workers' Compensation Board claim.

The Ontario Labour Relations Board dismissed the application, finding the delay excessive and the applicant's explanation unpersuasive.

The Board noted that the applicant should have raised concerns about the quality of his union representation much earlier.

Paul Koshty v. CAW, Local 1285, 2001 CanLII 2944

Inge M. Stamp

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardSep 13, 2001

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

The applicant union sought to withdraw its application following a Memorandum of Settlement dated August 22, 2001.

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

United Brotherhood of Carpenters and Joiners of America, Local 1669 v. Nor Eng Construction & Engineering Inc., 2001 CanLII 6960

Inge M. Stamp