J. G. Knight

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

International Union of Operating Engineers, Local 793 v. Total Crane & Erection Service Ltd., 2001 CanLII 20341

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBDec 17, 2001

Board directs employer to bring requested corporate and payroll records to certification hearing.

In an application for certification in the construction industry, the applicant union challenged the status of several voters.

The applicant requested pre-hearing production of corporate and payroll records.

The Board directed the responding party to bring the requested documents to the hearing, where the panel will determine the scope of production.

The Board also directed the applicant to provide particulars regarding its challenges to specific individuals.

Labourers’ International Union of North America, Local 1059 v. Terra Infrastructure Inc., 2001 CanLII 19987

J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

G. McMenemy

OLRBDec 17, 2001

Grievance referral adjourned sine die on agreement of the parties.

International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local 736 v. Windsor Joist Mfg. Inc., 2001 CanLII 9871

J. G. Knight

Christopher J. Albertyn

OLRB0 cases1998–2025

A. Haward

Construction grievance adjourned sine die following parties' $25,000 settlement for unpaid remittances.

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

The parties reached Minutes of Settlement requiring the responding party to pay $25,000 to the Resilient Floor Workers' Trust Fund and to provide notice of future work.

The Board incorporated the settlement into its decision and adjourned the matter sine die for up to one year.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Rockford Tile Contractors, 2001 CanLII 17787

J. G. Knight

OLRBUnanimous0 cases1998–2025

Christopher J. Albertyn

A. Haward

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

International Brotherhood of Electrical Workers, Local 353 v. Midtown Enterprises Limited/Zenith Electric Limited, 2001 CanLII 16235

J. G. Knight

Inge M. Stamp

G. McMenemy

Board found union's pleadings sufficient and scheduled hearing for termination of bargaining rights application.

The applicant filed an application for termination of bargaining rights in the construction industry.

The responding union sought to have the matter terminated under section 63(16) of the Labour Relations Act, 1995.

The applicant argued the union's pleadings were insufficient.

The Board found the union had filed sufficient particulars and directed the Registrar to schedule the matter for a hearing, while also ordering the union to provide a missing document referenced in its submissions.

Denis Farley v. Local Union 71 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, 2001 CanLII 14565

J. G. Knight

Christopher J. Albertyn

OLRB0 cases1998–2025

A. Haward

Board issues consent orders reflecting partial settlement of construction grievance regarding banked hours and non-union work.

The union filed a construction grievance against the employer under section 133 of the Labour Relations Act, 1995.

The parties reached Partial Minutes of Settlement in which the employer admitted to violating the collective agreement by banking hours and subcontracting bargaining unit work to a non-union member.

The Board issued consent declarations and orders reflecting the settlement, including a cease and desist order regarding banking hours, and adjourned the matter sine die for up to one year to allow the parties to quantify damages.

International Brotherhood of Electrical Workers, Local 586 v. 871480 Ontario Limited c.o.b. as Kanata Electric, 2001 CanLII 12446

J. G. Knight

Christopher J. Albertyn

OLRB0 cases1998–2025

A. Haward

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

International Association of Bridge, Structural Ornamental and Reinforcing Iron Workers, Local 721 v. Comstock Canada Ltd., 2001 CanLII 8723

J. G. Knight

OLRBUnanimous0 cases1984–2001

Harry Freedman

G. McMenemy

Pre-hearing document production request denied as overly broad and akin to a fishing expedition.

The applicant union sought a pre-hearing order directing the responding employer associations to produce extensive historical documents and minutes dating back to 1957.

The Board dismissed the request, finding the scope of production overly broad, not demonstrably relevant to the 2001 bargaining conduct at issue, and akin to a fishing expedition.

The applicant was directed to proceed with its case at the hearing, where production issues could be addressed if necessary.

Labourers’ International Union of North America, Ontario Provincial District Council v. Labourers’ Employer Bargaining Agency, 2001 CanLII 19989

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

Grievance referral adjourned sine die on consent of the parties.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. M & M System Interior, 2001 CanLII 18977

J. G. Knight

OLRBUnanimous0 cases1984–2001

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die on agreement of the parties.

Carpenters District Council of Ontario v. Cupido Construction (1989) Ltd., 2001 CanLII 9995

SM

Stephen McMarthur

1 case2001–2001

HC

Harold F. Caley

51 cases1980–2003

J. G. Knight

OLRBUnanimous0 cases1999–2022

CR

Caroline Rowan

A. Haward

OLRBDec 11, 2001

Board issues consent order declaring collective agreement violation and awarding $10,000 in damages.

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

Prior to the hearing, the parties entered into a Memorandum of Agreement to settle the grievance.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, that it had violated the agreement, and ordering the responding party to pay $10,000 in damages to the applicant.

Carpenters & Allied Workers Local 27 v. G.S. Wark Ltd., 2001 CanLII 6607

J. G. Knight

OLRBUnanimous0 cases2001–2001

George McMenemy

DG

D. L. Gee

OLRBUnanimous0 cases1994–2001

OLRBDec 11, 2001

Board amended decision withdrawing union certification application to include standard language regarding the statutory bar.

The applicant union sought leave to withdraw its certification and unfair labour practice applications following a representation vote, which the Board granted.

The responding employer subsequently requested the Board clarify its decision to indicate that the statutory bar under section 7(10) of the Labour Relations Act was in effect.

The Board granted the request, amending its decision to include the standard language directing the parties' attention to section 7(10) should a subsequent application be filed within one year.

Brick and Allied Craft Union of Canada, Local 31 v. D’Amario Tile Ltd., 2001 CanLII 7889

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBDec 10, 2001

Board issues consent order for $17,111.92 in unpaid contributions based on parties' settlement agreement.

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

Prior to the hearing, the parties entered into a Memorandum of Agreement settling the matter.

The Board issued a consent order incorporating the terms of the settlement, which included declarations that the responding party was bound by the collective agreement, had violated it, and was ordered to pay $17,111.92 in damages for outstanding contributions.

International Union of Bricklayers and Allied Craftworkers, Local 7 v. Arban Terrazzo Tile and Marble Ltd., 2001 CanLII 4898

J. G. Knight

Inge M. Stamp

G. McMenemy

Union's application withdrawn at its own request.

Labourers’ International Union of North America, Local 837 v. Vaudev Ltd., 2001 CanLII 14817

J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

G. McMenemy

Board issues consent order declaring responding companies a related employer bound by collective agreements.

The applicant union filed a grievance referral and a related employer/sale of business application against the responding parties.

The parties reached Minutes of Settlement agreeing that the responding companies constitute one employer under subsection 1(4) of the Labour Relations Act, 1995, and are bound by the applicable collective agreements.

The Board issued consent orders and declarations reflecting the settlement and granted leave to withdraw the grievance referral.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 853 v. 1327891 Ontario Ltd. c.o.b. as Maximum Fire Protection Systems, 2001 CanLII 11118

J. G. Knight

OLRBUnanimous0 cases1984–2001

Harry Freedman

A. Haward

Pre-hearing request for statement of material facts dismissed as obligation already exists in Rules.

The applicant union requested a pre-hearing order compelling the responding parties to provide a statement of all material facts they intended to rely on at the upcoming hearing.

The Ontario Labour Relations Board dismissed the request, noting that the obligation to plead material facts is already set out in the Board's Rules of Procedure.

The Board observed that it could not know in advance what facts the responding parties might wish to prove, as they might choose not to call evidence at all.

The Board left it open to the applicant to raise any alleged failure to comply with the Rules as a preliminary matter at the hearing.

Labourers’ International Union of North America, Ontario Provincial District Council v. Labourers’ Employer Bargaining Agency, 2001 CanLII 6256

J. G. Knight

G. McMenemy

DG

D. L. Gee

OLRB0 cases1994–2001

Board issues consent order for $10,000 in damages for collective agreement violation.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. General Commercial Construction Inc., 2001 CanLII 6243

J. G. Knight

Inge M. Stamp

G. McMenemy

Union certification granted following a successful representation vote and memorandum of agreement.

The applicant union applied for certification as the bargaining agent for employees of the responding party in the construction industry.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, the parties signed a memorandum of agreement resolving all outstanding issues.

Pursuant to section 160(1) of the Labour Relations Act, the Board issued two certificates to the union: one for the industrial, commercial and institutional sector in Ontario, and another for all other sectors in the specified geographic areas.

International Union of Operating Engineers, Local 793 v. Clean-Fill Inc., 2001 CanLII 3331

J. G. Knight

Inge M. Stamp

G. McMenemy