J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardNov 21, 2000

Consent adjournment sine die granted for a period not exceeding 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 1904) v. Algoma Autobody (Sault) Ltd. (Power Wash Division), 2000 CanLII 8205

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardNov 21, 2000

Application for certification withdrawn at the applicant's request after a representation vote was taken.

The applicant union sought leave to withdraw its application for certification after a representation vote was held and the ballot box was sealed.

The Board granted the request to withdraw the application and directed the parties' attention to section 7(10) of the Labour Relations Act, 1995, which governs withdrawals after a representation vote is taken.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Fernbrook Homes Ltd., 2000 CanLII 3394

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

A. Haward

OLRBOntario Labour Relations BoardNov 20, 2000

Application adjourned sine die based on the parties' memorandum of agreement.

The applicant union filed an application against the responding party employer.

Based on a memorandum of agreement filed by the parties, the Ontario Labour Relations Board adjourned the application sine die.

The Board noted that the application would be deemed terminated if neither party requested to proceed within one year.

International Union of Bricklayers and Allied Craftworkers, Local 7 v. Bells Corners Flooring Ltd., 2000 CanLII 9683

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 20, 2000

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

The applicants and responding parties agreed to adjourn the applications.

The Ontario Labour Relations Board consented to adjourn the matters sine die for a period not exceeding one year, after which they will be deemed terminated if no request to proceed is made.

Sheet Metal Workers’ International Association, Local 537 v. Whiteside Roofing and Sheet Metal Ltd., 2000 CanLII 8221

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardNov 20, 2000

Application adjourned sine die on consent of the parties.

The applicant union filed an application against the responding party.

On agreement of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year, after which it will be deemed terminated if no request to proceed is made.

Universal Workers Union, L.I.U.N.A. Local 183 v. Mark-All Services Inc., 2000 CanLII 3126

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 17, 2000

Representation vote ordered in construction industry certification application for carpenters and apprentices.

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 determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board defined the appropriate bargaining unit for carpenters and carpenters' apprentices and directed that a representation vote be taken.

Drywall Acoustic Lathing and Insulation Local 675 v. 1317404 Ontario Limited o/a Vanderwal Construction, 2000 CanLII 9110

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 17, 2000

Grievance allowed in default proceeding; employer ordered to pay damages for employing non-union workers.

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

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

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 violated the collective agreement by employing non-union members and ordered payment of $3,905.44 in damages and $214.00 in costs.

Lake Ontario District Council, United Brotherhood of Carpenters and Joiners of America v. 1112740 Ontario Inc., 2000 CanLII 3366

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 16, 2000

Default order issued for unpaid wages and document production after employer failed to respond to grievance.

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

The responding party employer failed to file a Request for Hearing and Notice of Intent to Defend within the required time.

The Board noted that under its Rules of Procedure, a failure to respond allows the Board to deem the facts in the application as accepted.

Despite an intervention filed by another union entity, the Board issued a default order requiring the responding party to pay $1,840.00 in unpaid wages to a specific employee and to produce relevant financial documents for the calculation of benefit fund contributions.

International Union of Bricklayers and Allied Craftworkers, Local 7 v. Bells Corners Flooring Ltd., 2000 CanLII 2350

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 16, 2000

Board declines to issue default order where applicant failed to deliver correspondence to responding party.

The applicant union sought an order based on correspondence asserting the responding party failed to comply with a previous Board decision.

The correspondence was not delivered to the responding party.

The Board declined to grant the order on a default basis without proper notice, emphasizing the need for procedural fairness and precision in pleadings under section 133 of the Labour Relations Act.

The Board directed the applicant to deliver the correspondence and the decision to the responding party, giving the responding party an opportunity to file a Notice of Intent to Defend.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Plastina Investments Limited, 2000 CanLII 10731

J. G. Knight

Inge M. Stamp

G. McMenemy

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

The applicant union and responding employer agreed to adjourn the grievance application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter would be deemed terminated if no request to proceed is made.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Sterling Carpet and Tile, 2000 CanLII 3037

J. G. Knight

Inge M. Stamp

G. McMenemy

Application adjourned sine die 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.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Sherwood Windows Limited, 2000 CanLII 1262

J. G. Knight

G. McMenemy

David A. McKee

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

The Board deferred the determination of whether the responding parties constituted a single employer under section 1(4) of the Act to a later date.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Melody Homes, 2000 CanLII 2300

J. G. Knight

G. McMenemy

David A. McKee

Representation vote directed in construction industry displacement application for certification.

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

The Ontario Labour Relations Board found that the applicant appeared to have the requisite 40% membership support.

Despite various issues raised by the responding party and intervenors, the Board determined that none prevented the conduct of a representation vote.

The Board defined the voting constituency and directed that a representation vote be held.

Brick and Allied Craft Union of Canada v. Ontario Power Generation Inc., 2000 CanLII 5469

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

Board grants request to add related corporation as responding party and extends time for response.

The applicant requested to add Zero Fibre Inc. as a responding party to its application under sections 69 and 1(4) of the Labour Relations Act, 1995, citing common directors with another responding party.

The Board granted the request, declared delivery of materials to the directors sufficient, and extended the time for the newly added party to file its response.

Drywall Acoustic Lathing and Insulation Local 675 United Brotherhood of Carpenters and Joiners of America v. F.D. Begley & Associates Inc., 2000 CanLII 3950

J. G. Knight

Inge M. Stamp

G. McMenemy

Union's application withdrawn with leave of the Board.

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

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

The International Union of Painters and Allied Trades, (formerly known as the International Brotherhood of Painters and Allied Trades), Local Union 1494 v. DeBruyn Pro Painters, 2000 CanLII 1510

J. G. Knight

Inge M. Stamp

G. McMenemy

Application withdrawn with leave of the Board.

The applicant, Christian Labour Association of Canada, sought to withdraw its application against Elta Gas Services Ltd. The Ontario Labour Relations Board granted leave and the application was withdrawn.

Christian Labour Association of Canada v. Elta Gas Services Ltd., 2000 CanLII 3177

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 14, 2000

Request for default decision on grievance referral denied due to lack of precision in pleadings.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act and requested a default decision based on the materials filed, as the responding party failed to file a Notice of Intent to Defend.

While the Board was prepared to declare the responding party bound by the collective agreement, it declined to order the payment of $16,408.85.

The Board found that the application lacked sufficient clarity and precision regarding the basis for the claimed amount, and a subsequent explanatory letter could not be relied upon under the Board's rules for default proceedings.

The matter was directed to proceed to a hearing.

Labourers’ International Union of North America, Local 1059 v. K & S Concrete (London) Inc., 2000 CanLII 9216

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 14, 2000

Board orders applicant union to provide particulars of grievance allegations to responding employer.

The applicant union referred a grievance to arbitration under s. 133 of the Labour Relations Act.

The responding employer filed a Notice of Intent to Defend and requested particulars of the allegations.

The Board ordered the applicant to provide specific particulars, including the collective agreement provisions allegedly violated, project locations, time periods, and names of representatives involved in discussions.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. T & F Lathing Ltd., 2000 CanLII 11987

J. G. Knight

G. McMenemy

David A. McKee