Inge M. Stamp

Board approves settlement between employer and one employee regarding an Employment Standards Act Order to Pay.

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

The employer and one of the affected employees entered into Minutes of Settlement.

The Board approved the settlement, ordered the disbursement of funds held in trust by the Director in accordance with the agreement, and terminated the application as it related to that specific employee.

The application regarding the remaining employees was referred to the Registrar to be scheduled for a hearing.

Bruce G. Cole v. Judith Sisson et al, 2001 CanLII 5865

J. G. Knight

Inge M. Stamp

G. McMenemy

Representation vote ordered in construction industry certification application; ballot box sealed due to section 8.1 notice.

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

The responding party employer asserted it was already bound to the Carpenters' provincial collective agreement, which it claimed covered the employees in the proposed bargaining unit, including drywall tapers.

The Board found that the applicant had the requisite membership support and ordered a representation vote for the proposed bargaining unit.

Due to the section 8.1 notice filed by the responding party, the Board directed that the ballot box be sealed pending further order or agreement.

The International Union of Painters and Allied Trades, Local Union 1891 v. Prosperi Plastering Company Limited, 2001 CanLII 2474

Inge M. Stamp

Application for review terminated following written settlement between the parties.

The applicant sought a review of a 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.

Renos Papadopoulos v. Heidt Products Inc., 2001 CanLII 3595

Inge M. Stamp

G. Pickell

G. McMenemy

Board directs representation vote in certification application and orders ballots segregated pending status disputes.

The applicant trade union filed an application for certification.

The Board found that the applicant is a trade union and that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed a representation vote to be taken.

Due to a dispute over the bargaining unit description and whether the employer is a construction employer, the Board ordered that the ballots be segregated and the ballot box sealed.

International Brotherhood of Electrical Workers v. Konecranes Canada Inc. o/a Crane Pro Services, 2001 CanLII 16163

Inge M. Stamp

G. Pickell

G. McMenemy

Representation vote directed in certification application with ballots sealed pending resolution of bargaining unit disputes.

The applicant trade union filed an application for certification.

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

The Board directed a representation vote to be held, with ballots to be segregated and the ballot box sealed pending the resolution of disputes regarding the bargaining unit description and whether the responding party is a construction employer.

International Brotherhood of Electrical Workers v. Konecranes Canada Inc. o/a Crane Pro Services, 2001 CanLII 8998

Inge M. Stamp

G. Pickell

G. McMenemy

Representation vote ordered in certification application, with ballots sealed pending determination of construction employer status.

The applicant trade union filed an application for certification.

The Board found that the applicant is a trade union within the meaning of the Labour Relations Act, 1995, and that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken.

Due to a dispute over the geographic scope of the bargaining unit and a pending issue in a related file regarding whether the employer is a construction employer, the Board ordered that disputed ballots be segregated and the ballot box sealed until further order or agreement of the parties.

International Brotherhood of Electrical Workers v. Konecranes Canada Inc. o/a Crane Pro Services, 2001 CanLII 18851

Inge M. Stamp

G. Pickell

G. McMenemy

Board directs representation vote for certification application and orders ballot box sealed pending employer status determination.

The applicant trade union applied for certification.

The Board found that the applicant is a trade union under the Labour Relations Act, 1995.

Based on the membership evidence, the Board directed that a representation vote be taken of the employees in the proposed bargaining unit.

The ballot box was ordered sealed pending the resolution of whether the employer is a construction employer, an issue raised in a related file.

International Brotherhood of Electrical Workers v. Konecranes Canada Inc. o/a Crane Pro Services, 2001 CanLII 17882

Inge M. Stamp

Application for review of order to pay terminated following parties' settlement and agreed disbursement of funds.

The employer applied for a review of an Employment Standards Officer's order to pay.

The employer and the employee entered into Minutes of Settlement agreeing to disburse the $11,000 held in trust by the Director, with $10,000 returned to the employer and $1,000 retained by the Consolidated Revenue Fund.

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

Tip Top Bindery Ltd. v. Richard Barbour and Ministry of Labour, 2001 CanLII 3626

Inge M. Stamp

G. Pickell

G. McMenemy

Union's request to withdraw certification applications granted without imposing a statutory bar on future applications.

The applicant union sought to withdraw five applications for certification the day before scheduled representation votes.

Due to an administrative error by the Board, the votes proceeded anyway.

The responding party employer requested that the Board impose a bar on future applications pursuant to sections 7(8) and 7(9) of the Labour Relations Act, 1995, alleging a late withdrawal and manipulation of Board procedures.

The Board declined to impose a bar, finding that the withdrawal request was not late and the disruption was caused by the Board's inadvertence, not the applicant's manipulation.

The applications were withdrawn with leave of the Board.

International Brotherhood of Electrical Workers Construction Council of Ontario v. Konecranes Canada Inc. o/a Crane Pro Services, 2001 CanLII 14401

J. G. Knight

Inge M. Stamp

A. Haward

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

The applicant union referred a grievance to the Ontario Labour Relations Board.

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year.

If no 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. Metal Tech Systems Inc., 2001 CanLII 18321

Inge M. Stamp

Application for review of employment standards refusal 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.

Lihui Ma v. Autokek Electroplating Inc., 2001 CanLII 6844

Inge M. Stamp

G. Pickell

G. McMenemy

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

The applicant union and responding employer 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.

The International Union of Painters and Allied Trades, District Council 46 v. Metro Painters & Paperhanging Ltd., 2001 CanLII 4846

Inge M. Stamp

G. Pickell

G. McMenemy

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

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

The responding party employer filed a timely notice under section 8.1, asserting it had no employees on site and that the work was performed by a sub-contractor.

An intervenor union also claimed to represent the affected employees under an existing collective agreement.

Finding that the applicant appeared to have the requisite forty percent membership support, the Board ordered a representation vote for the proposed bargaining unit of journeymen and apprentice carpenters.

Due to the disputes raised by the responding party and intervenor, the Board directed that all ballots be segregated and the ballot box sealed pending further order.

Labourers’ International Union of North America v. Wittmer Construction Services Ltd., 2001 CanLII 3861

J. G. Knight

Inge M. Stamp

A. Haward

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application against the responding party.

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

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Metal Tech Systems Inc., 2001 CanLII 9049

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 disburse the 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.

Student Express Limited v. Munroe, 2001 CanLII 5459

Inge M. Stamp

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

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 disburse the funds held in trust by the Director, with the majority returning to the employer.

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

JDS Uniphase Inc. v. Henry Lepine, 2001 CanLII 4629

Inge M. Stamp

G. Pickell

G. McMenemy

Time for filing a response extended to September 14, 2001.

The Ontario Labour Relations Board granted an extension of time for the responding parties to file a response.

The deadline was extended to September 14, 2001.

Sheet Metal Workers’ International Association Local Union 285 v. Custom Gas Heating Limited, 2001 CanLII 17256

Inge M. Stamp

Board orders disbursement of funds held in trust in accordance with 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 to resolve the matter.

The Ontario Labour Relations Board ordered the disbursement of the $1,146.06 held in trust by the Director in accordance with the settlement, with $990.08 paid to the employee, $51.79 to the employer, and $104.19 retained by the Consolidated Revenue Fund.

The application was terminated pursuant to section 69.1(5) of the Act.

The Royal Canadian Legion Polish Br. #149 v. Debbie (Deborah) Wallis, 2001 CanLII 2840

J. G. Knight

Inge M. Stamp

G. McMenemy