J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardApr 17, 2001

Representation vote directed in application to terminate union's bargaining rights.

The applicant filed an application under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The Board found the application timely and that at least forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

The Board directed that a representation vote be taken.

Gary Paufler v. Operative Plasterers’, Cement Masons’ and Restoration Steeplejacks’ International Association of the United States and Canada, Union Local 598, 2001 CanLII 12813

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardApr 17, 2001

Board directed a hearing to determine the applicant's trade union status before addressing employee list issues.

The applicant applied for certification under the construction industry provisions of the Labour Relations Act, 1995.

The Board directed the Registrar to set the matter down for a one-day hearing to determine whether the applicant is a trade union as defined in section 1(1) of the Act or an affiliated bargaining agent, before addressing issues regarding the list of employees.

Bricklayers, Masons Independent Union of Canada Local 1 v. 1428508 Ontario Limited c.o.b. as Forma-Con Construction, 2001 CanLII 5731

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardApr 17, 2001

Representation vote directed for construction industry 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 that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

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

Construction Workers Local 53 v. Fahringer Mechanical Limited, 2001 CanLII 10172

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardApr 11, 2001

Application withdrawn at the request of the applicant.

The applicant, Sheet Metal Workers’ International Association, Local 473, requested to withdraw its application against E. S. Fox Ltd. The Ontario Labour Relations Board granted the request and the application was withdrawn.

Sheet Metal Workers’ International Association, Local 473 v. E. S. Fox Ltd., 2001 CanLII 3992

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardApr 10, 2001

Grievance referral adjourned sine die on consent of the parties.

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

Prior to the scheduled hearing, the parties agreed to adjourn the matter to a future unspecified date.

The Board adjourned the matter sine die, noting it would be deemed terminated if not re-listed within one year.

Labourers’ International Union of North America, Local 837 v. Teperman and Sons Inc., 2001 CanLII 5521

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardApr 10, 2001

Hearing adjourned with directions for the applicant to provide further particulars.

The applicant union sought an adjournment of a scheduled hearing and directions for the production of further particulars.

The Ontario Labour Relations Board adjourned the hearing, directed the applicant to provide further particulars and documents, and allowed the responding parties three weeks to amend their response after receipt of the materials.

Construction Workers Local 53 v. Ellis General Contractors, 2001 CanLII 12596

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardApr 9, 2001

Application for termination of bargaining rights conditionally dismissed for failure to file Certificate of Delivery.

The applicant filed an application for termination of bargaining rights but failed to file a Certificate of Delivery (Form A-81) verifying delivery to the union and employer, as required by the Board's Rules of Procedure.

The Board held that it could not process the application without the certificate and ordered that the matter would be deemed terminated if the certificate was not received within five days.

Lino (Carmelino) Domanico v. IBEW Local 353, 2001 CanLII 20507

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardApr 9, 2001

Pre-hearing production of documents ordered in related employer and sale of business application.

The applicant union requested pre-hearing production of documents in relation to a related employer and sale of business application.

The Ontario Labour Relations Board directed the responding parties to provide copies of, or access to, the relevant documents by a specified date prior to the scheduled hearing.

Any disputes regarding the production of specific documents were to be addressed at the hearing.

Brick and Allied Craft Union of Canada v. 761203 Ontario Inc. c.o.b. as Schafer Masonry, 2001 CanLII 9070

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardApr 9, 2001

Board directs applicant union to provide further particulars of unfair labour practice allegations.

In the context of a displacement certification application and a related unfair labour practice complaint, the responding party union requested further particulars of the allegations made against it.

The Ontario Labour Relations Board directed the applicant union to provide further particulars, including the names of the representatives alleged to have approached employees in the presence of management, as well as where and when the conduct occurred.

Labourers’ International Union of North America v. 870528 Ontario Ltd., o/a Lido Construction Co., 2001 CanLII 15681

J. G. Knight

Inge M. Stamp

G. McMenemy

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

The applicant union and responding employer agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting the matter would be deemed terminated if no request to proceed is made within that time.

International Brotherhood of Electrical Workers, Local 894 v. Kurt Christensen c.o.b. as Burnley Electric, 2001 CanLII 18951

J. G. Knight

Inge M. Stamp

G. McMenemy

Representation vote directed in timely displacement application for certification in the construction industry.

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

The responding party failed to file a response.

The Board found that the applicant appeared to have the requisite membership support of not less than forty per cent of the individuals in the proposed bargaining unit.

The Board directed that a representation vote be taken among the eligible employees to determine whether they wish to be represented by the applicant or the intervenor.

Labourers’ International Union of North America v. Somerlyn Trim & Doors Inc., 2001 CanLII 6915

J. G. Knight

Inge M. Stamp

G. McMenemy

Representation vote ordered in construction industry certification application; ballots 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 that the applicant appeared to have the requisite membership support of not less than forty percent in the proposed bargaining unit.

The Board defined the appropriate bargaining unit and directed that a representation vote be taken, with the ballots to be segregated and the ballot box sealed pending further order due to a timely section 8.1 notice filed by the responding party.

The International Union of Painters and Allied Trades, Local Union 1891 v. The Board of Governors of Exhibition Place, 2001 CanLII 12681

J. G. Knight

Inge M. Stamp

G. McMenemy

Board directs representation vote in construction industry certification application.

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

The responding party failed to file a response within the stipulated time.

An intervenor union filed a collective agreement covering non-ICI sectors, arguing the application was untimely for those sectors.

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

The Board directed that a representation vote be taken of the individuals in the voting constituency.

International Union of Operating Engineers, Local 793 v. Yukon Construction Inc., 2001 CanLII 6476

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardDec 28, 2000

Default judgment granted against employer for unpaid union remittances after failure to respond to grievance referral.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding party failed to make remittances to Welfare & Trust Funds.

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 breached the collective agreement and ordered it to pay $11,513.59 in unpaid remittances plus the $214.00 filing fee.

Universal Workers Union, L.I.U.N.A., Local 183 v. M.B. Calibre Construction (Toronto) Ltd., 2000 CanLII 7291

J. G. Knight

Harry Freedman

A. Haward

OLRBOntario Labour Relations BoardDec 21, 2000

Board issues consent declarations and orders $20,000 payment pursuant to Minutes of Settlement.

The applicant union filed a related successor employer application and a grievance referral against the responding parties.

Prior to the hearing, the parties entered into Minutes of Settlement.

The Ontario Labour Relations Board issued declarations on consent that the responding parties constitute one employer and are bound by the applicable collective agreements.

The Board also directed the responding parties to pay $20,000 to the applicant in full and final settlement of all claims.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. 1171342 Ontario Inc., 2000 CanLII 1264

J. G. Knight

G. McMenemy

David A. McKee

Board corrects previous decision to remove premature finding of trade union status under section 126.

The Board reconsidered its decision of November 15, 2000, to correct an error regarding the applicant's status as a trade union.

The previous decision incorrectly stated the applicant was a trade union within the meaning of sections 1(1) and 126 of the Act, whereas the certificate of status only referred to section 1(1).

The Board deleted the reference to section 126, noting that the applicant's status under that section remains an issue to be determined at a future hearing.

Brick and Allied Craft Union of Canada v. Ontario Power Generation Inc., 2000 CanLII 2539

J. G. Knight

Harry Freedman

A. Haward

Application adjourned sine die on agreement of the parties.

The applicant union filed an application under sections 69 and 1(4) 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 no party requested to proceed within one year.

Power Workers’ Union v. Hydro-Electric Commission of the Town of Markham, 2000 CanLII 8915

J. G. Knight

Harry Freedman

A. Haward

Application under sections 69 and 1(4) of the Labour Relations Act adjourned sine die on consent.

The applicant brought an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

On consent of the parties, the Ontario Labour Relations Board adjourned the application sine die, noting it would be deemed terminated if no party requested to proceed within one year.

Ontario Nurses’ Association v. Humber River Regional Hospital, 2000 CanLII 10598

J. G. Knight

David A. McKee

A. Haward