J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardNov 28, 2000

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

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.

Universal Workers Union, L.I.U.N.A. Local 183 v. Dom-Meridian Construction Ltd., 2000 CanLII 3246

J. G. Knight

Inge M. Stamp

G. McMenemy

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

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 application will be deemed terminated if neither party requests to proceed.

Universal Workers Union, L.I.U.N.A. Local 183 v. Warren Bitulithic Limited, 2000 CanLII 9106

Ursula Boylan

16 cases1995–2003

Ronald Ouellette

1 case2000–2000

Bill Martindale

2 cases1991–2000

J. G. Knight

David A. McKee

A. Haward

Board excludes one employee as managerial but includes another in union certification representation vote.

The applicant union applied for certification in the construction industry.

A representation vote was held, and the union challenged the ballots of two individuals, arguing they exercised managerial functions under section 1(3)(b) of the Labour Relations Act, 1995.

The Board found that one individual, who monitored jobs, directed employees, and controlled timesheets, exercised managerial functions and was excluded from the bargaining unit.

The Board found the other individual, despite being a director and participating in profit-sharing, did not exercise significant managerial authority and was included in the bargaining unit.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Multiservice Electric Ltd., 2000 CanLII 8650

J. G. Knight

Inge M. Stamp

G. McMenemy

Employers ordered to pay $106,798.09 in unpaid contributions in default grievance arbitration.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employers failed to make required contributions and remittances under various collective agreements.

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

Proceeding by default, the Board deemed the facts in the application accepted, declared the employers bound by the collective agreements, found they violated the agreements, and ordered them to pay $106,798.09 in damages plus $214.00 in costs.

Labourers’ International Union of North America, Local 527 v. Rose Mechanical ltd., 2000 CanLII 8460

J. G. Knight

Inge M. Stamp

G. McMenemy

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

The parties 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.

Brick and Allied Craft Union of Canada, Local 31 v. Buttcon Limited, 2000 CanLII 7065

J. G. Knight

G. McMenemy

David A. McKee

Union certified as bargaining agent for carpenters following a successful representation vote.

The applicant trade union applied for certification as the bargaining agent for carpenters and carpenters' apprentices 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 Act.

One certificate covers the industrial, commercial and institutional sector in the Province of Ontario, and the other covers all other sectors in the Regional Municipality of Waterloo.

United Brotherhood of Carpenters and Joiners of America Local 785 v. Loucon Developments General Contractors Inc., 2000 CanLII 10237

J. G. Knight

G. McMenemy

David A. McKee

Board issues certificates to trade union following successful representation vote by construction labourers.

The applicant trade union applied for certification as the bargaining agent for 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 applicant, the Ontario Labour Relations Board issued two certificates pursuant to section 160(1) of the Act.

One certificate was issued for the industrial, commercial and institutional sector in the Province of Ontario, and another for all other sectors in the County of Grey.

Labourers’ International Union of North America, Ontario Provincial District Council v. Bettencourt Contracting, 2000 CanLII 2889

J. G. Knight

David A. McKee

A. Haward

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

The applicant union and responding employers agreed to adjourn the grievance referral 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 no party requests to proceed.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Big “B” Steel Erectors Inc., 2000 CanLII 1184

M. Gottheil

7 cases1991–2000

J. G. Knight

David A. McKee

A. Haward

Application withdrawn at the request of the applicant and with consent of responding parties.

The applicant requested to withdraw its application before the Ontario Labour Relations Board.

With the consent of the responding parties present at the hearing, the Board granted the request and the application was withdrawn.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Big “B” Steel Erectors Inc., 2000 CanLII 2297

J. G. Knight

G. McMenemy

David A. McKee

Union certified to represent electricians following successful representation vote.

The applicant union applied for certification to represent electricians and apprentices employed by the responding party.

A representation vote was held, and all unchallenged ballots were cast in favour of the union.

The Board declined to inquire into two challenged ballots as they could not affect the outcome.

Pursuant to section 160(1) of the Act, the Board issued certificates for the industrial, commercial, and institutional sector province-wide, and for all other sectors in Essex and Kent counties.

International Brotherhood of Electrical Workers, Local 773 v. TBT Electric Ltd., 2000 CanLII 1174

J. G. Knight

Inge M. Stamp

G. McMenemy

Consent adjournment sine die granted for up to one year.

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

The Ontario Council of the International Union of Painters and Allied Trades v. Harding Glass & Mirror Ltd., 2000 CanLII 5236

J. G. Knight

Inge M. Stamp

G. McMenemy

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave to withdraw the application.

Brick and Allied Craft Union of Canada/Bacu-Canada Local 2, Toronto/Barrie, Ontario v. Leo Jan Masonry Limited, 2000 CanLII 4782

J. G. Knight

Harry Freedman

G. McMenemy

Default judgment on construction grievance denied where union failed to plead facts establishing collective agreement or particularize projects.

The applicant union referred a construction industry grievance to the Board under section 133 of the Labour Relations Act, 1995, seeking a default declaration that the responding party was bound by a collective agreement and an order for damages.

The responding party failed to file a Notice of Intent to Defend.

The Board declined to issue the requested default orders, finding that the applicant failed to plead facts supporting the legal conclusion that the responding party was bound by the collective agreement.

Furthermore, the applicant failed to provide particulars of the projects or work giving rise to the damages claim.

The Board directed the matter to proceed to a hearing to allow the applicant to adduce necessary evidence and provide particulars.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. East Park Interiors, 2000 CanLII 7992

J. G. Knight

Harry Freedman

A. Haward

OLRBOntario Labour Relations BoardNov 23, 2000

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.

Brick and Allied Craft Union of Canada v. B.F.C. Construction Group Inc., 2000 CanLII 1374

Walter Thornton

47 cases1986–2001

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 23, 2000

Board issues consent order declaring related employers and awarding $48,000 for union security breach.

The parties resolved multiple applications, including a grievance, related employer application, unfair labour practice complaint, and an application for certification, by entering into Minutes of Settlement.

The Ontario Labour Relations Board issued a consent order declaring the responding parties to be a single employer bound by the applicable collective agreements, finding a breach of union security provisions, and ordering the payment of $48,000 in damages.

International Brotherhood of Electrical Workers, Local Union 353 v. Midtown Enterprises Limited, 2000 CanLII 8851

J. G. Knight

Harry Freedman

A. Haward

OLRBOntario Labour Relations BoardNov 23, 2000

Grievance referral withdrawn at the request of the applicant.

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

The Board granted the request and the referral was withdrawn.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Emmer Drywall & Acoustics Ltd., 2000 CanLII 1948

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardNov 22, 2000

Consent order issued enforcing grievance settlement for $7,088.70 in damages.

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

Prior to the hearing, the parties entered into a Memorandum of Settlement resolving the matter.

The Board issued a consent order pursuant to sections 48(15) and 96(7) of the Act, declaring the responding party bound by the collective agreement and ordering it to pay $7,088.70 in damages to the applicant in trust.

International Brotherhood of Electrical Workers, Local 303 v. B & J Electric Ltd., 2000 CanLII 10322

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 22, 2000

Certification application dismissed with a one-year bar following the union's post-vote request to withdraw.

The applicant union sought to withdraw its application for certification after a representation vote was held.

The Ontario Labour Relations Board noted its practice is to dismiss rather than permit withdrawal in such circumstances.

The Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for the same bargaining unit.

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. Marshall Homes Corporation, 2000 CanLII 7640

J. G. Knight

Inge M. Stamp

G. McMenemy