J. G. Knight

Harry Freedman

G. McMenemy

Application for certification adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Ontario Labour Relations Board adjourned the application sine die, noting it would be deemed terminated if no request to proceed was made within one year.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Optex Staging & Services Inc., 2001 CanLII 20494

J. G. Knight

Harry Freedman

G. McMenemy

Matter referred to Registrar to be listed for hearing with overlapping applications between the parties.

The applicant requested that this matter be scheduled for hearing at the same time as several other applications involving the same parties.

The responding party acknowledged the overlapping issues but suggested holding the matter in abeyance pending discussions.

The Board directed the Registrar to list the matter for hearing with the other applications, leaving the issue of consolidation to the panel assigned to hear the matters.

International Brotherhood of Electrical Workers, Local 303 v. Fred Giessler Electrical Ltd., 2001 CanLII 7668

J. G. Knight

Harry Freedman

G. McMenemy

Representation vote directed in construction industry union certification application.

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

The Board found that the applicant is a trade union and an affiliated bargaining agent.

Based on the membership evidence filed, the Board was satisfied that not less than forty per cent of the individuals in the proposed bargaining unit appeared to be members of the applicant.

The Board determined the appropriate bargaining unit and directed that a representation vote be taken.

Sheet Metal Workers’ International Association, Local 473 v. Baratta Mechanical Inc., 2001 CanLII 4200

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die on agreement of the parties.

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

On agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if neither party requested to proceed within one year.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron workers, Local 736 v. Sherwood Windows Limited, 2001 CanLII 7105

J. G. Knight

Harry Freedman

G. McMenemy

Union's objections to employer's section 8.1 notice dismissed; matter referred for hearing with related application.

The applicant union challenged the timeliness and validity of a section 8.1 notice filed by the responding employer in a certification application.

The Board found the notice was timely, as the calculation of the two-day period excluded Good Friday and Easter Monday pursuant to the Interpretation Act.

The Board also found the notice valid as it contained the required estimates and bargaining unit descriptions.

The Board directed that the outstanding issues be listed for hearing together with a related unfair labour practice application.

Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America v. Erro-Wood Construction, 2001 CanLII 9638

J. G. Knight

Harry Freedman

G. McMenemy

Application for certification dismissed after union failed to win majority in representation vote.

The applicant union filed an application for certification.

A representation vote was held, and not more than fifty per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

The intervenor filed a statement of desire seeking to have the application dismissed based on the vote results.

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 application filed within one year.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Yukon Construction Inc., 2001 CanLII 5394

J. G. Knight

Harry Freedman

G. McMenemy

Employer ordered to pay damages and costs for unpaid wages and benefits in default grievance arbitration.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to pay proper wages and remit benefit contributions.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the responding party bound by the collective agreement, declared it had violated the agreement, and ordered it to pay $7,648.00 in damages and $214.00 in costs.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1819) v. Sandra Friedman c.o.b. as Hillside Glass and Mirror, 2001 CanLII 7581

J. G. Knight

Harry Freedman

G. McMenemy

Union certification application dismissed after failing to secure more than 50% of representation vote ballots.

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots cast by employees in the bargaining unit were in favour of the applicant.

The intervenor requested the application be dismissed based on the vote results.

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

Canadian Union of Skilled Workers v. David Hawkins Line Services Inc., 2001 CanLII 10317

J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

A. Haward

Union certified to represent construction labourers following a successful representation vote.

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

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, the Ontario Labour Relations Board issued two certificates pursuant to section 160(1) of the Labour Relations Act.

One certificate was issued for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the County of Renfrew.

Labourers' International Union of North America, Local 527 v. H & B McLachlan Construction Ltd., 2001 CanLII 9924

J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

A. Haward

Union certification granted following successful representation vote in the construction industry.

The applicant union applied for certification.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board issued certificates to the union.

Pursuant to section 160(1) of the Act, one certificate was issued for the industrial, commercial and institutional sector of the construction industry in Ontario, and another for all other sectors in the County of Renfrew.

International Union of Operating Engineers, Local 793 v. H & B McLachlan Construction Ltd., 2001 CanLII 13761

J. G. Knight

Harry Freedman

G. McMenemy

Union certification application dismissed after failing to secure more than 50% of representation vote.

The applicant union applied for certification.

Following a representation vote where not more than 50% of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.

The Board noted that the applicant had not established it was a trade union within the meaning of the Labour Relations Act, 1995, but declined to determine the issue as the application was dismissed in any event.

The Board directed the parties' attention to section 10(3) of the Act regarding subsequent applications.

Canadian Union of Skilled Workers v. Eptcon Ltd., 2001 CanLII 17924

J. G. Knight

Harry Freedman

G. McMenemy

Board declined to order production of documents pending written submissions from responding parties.

The applicant union sought an order requiring the production of documents and particulars from the responding parties in advance of the hearing.

The applicant submitted that it had requested information from the responding parties but had not received a response.

Given the scope and nature of the documents sought, the Ontario Labour Relations Board declined to make an order until the responding parties had an opportunity to make submissions.

The Board directed the parties to file written submissions regarding the production request and remained seized of the matter.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Mannesman Dematic Rapistan Limited, 2001 CanLII 19813

J. G. Knight

G. McMenemy

D. L. Gee

OLRB0 cases1994–2001

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 (Local Union 1891) v. Industry Drywall Systems Ltd., 2001 CanLII 2713

J. G. Knight

Harry Freedman

A. Haward

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

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

The Board found the proposed bargaining unit appropriate and directed a representation vote.

Because the responding party gave notice under section 8.1 of the Act disputing the applicant's estimate of the number of employees, and the membership evidence appeared to be less than 40 per cent of the individuals in the proposed unit, the Board ordered the ballot box sealed pending further order.

United Brotherhood of Carpenters and Joiners of America, Local 494 v. Forte Wall Systems (2000) Inc., 2001 CanLII 6959

J. G. Knight

Harry Freedman

G. McMenemy

Request to delay representation vote and reconsider vote direction dismissed; vote to proceed as scheduled.

In an application for certification, the intervenor trade union sought to delay the representation vote, alleging failure of service and claiming to represent some employees in the proposed bargaining unit.

The responding party employer also requested reconsideration of the Board's decision directing the vote and proposed a different bargaining unit description.

The Board dismissed the request for reconsideration and declined to delay the vote, noting that the voting constituency specifically excluded persons already represented by another trade union.

The Board held that issues regarding the appropriate bargaining unit could be determined after the vote.

Construction Workers Local 53 v. Seal-On Paving Ltd., 2001 CanLII 12548

J. G. Knight

Harry Freedman

G. McMenemy

Application withdrawn at the request of the applicant.

The applicant union requested to withdraw its application against the responding employers.

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

Teamsters Local Union No. 879 v. Paper Fibres Inc. and Alfa Paper Products Inc., 2001 CanLII 14145

J. G. Knight

Harry Freedman

G. McMenemy

Application withdrawn at the request of the applicant.

The applicant, Teamsters Local Union No. 879, requested to withdraw its application against Paper Fibres Inc. and Alfa Paper Products Inc. The Ontario Labour Relations Board granted the request and the application was withdrawn.

Teamsters Local Union No. 879 v. Paper Fibres Inc. and Alfa Paper Products Inc., 2001 CanLII 18953

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral withdrawn at the request of the applicant.

The applicant requested to withdraw its referral of a grievance to the Board.

The Board granted the request and the referral was withdrawn.

International Brotherhood of Electrical Workers Local 586 v. Univex (Canada) Ltd., 2001 CanLII 12817

J. G. Knight

Harry Freedman

G. McMenemy