J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardNov 7, 2000

Board extends time for newly added responding party to file response and notice of intent to defend.

The applicant union sought to add a responding party to an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

After the Board added the party, counsel for the newly added responding party made procedural submissions requesting an extension of time to file a response and a notice of intent to defend, as well as an adjournment of an upcoming Officer's meeting.

The Board agreed with the submissions, extended the time to file the response, and noted that the grievance referrals should likely be adjourned pending the outcome of the main application.

The matters were referred to the Manager of Field Services.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. 739183 Ontario Inc., 2000 CanLII 6019

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 6, 2000

Board issues consent order enforcing settlement of union security grievance for $45,000 in damages.

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

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

The parties requested that the Board issue a consent order declaring that the responding party is bound to the Provincial Agreement, that it violated the union security provisions, and that it owes $45,000 in damages (payable in installments, with $30,000 contingent on future violations).

The Board issued the requested declarations and orders in accordance with the parties' agreement.

International Union of Painters and Allied Trades, Local 1819, Glaziers v. Stanley Canada Inc., 2000 CanLII 6553

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 3, 2000

Application withdrawn at the request of the applicant.

The applicant requested to withdraw its application.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

International Association of Heat and Frost Insulators and Asbestos Workers, Local 95 v. Rudco Insulation Limited, 2000 CanLII 8643

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardNov 2, 2000

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

The applicant union and responding employer 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.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Urban Mechanical Contracting Ltd., 2000 CanLII 3859

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardNov 2, 2000

Employer ordered to pay unpaid contributions and costs after failing 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 employer failed to remit contributions under the collective agreement.

The employer failed to file a response or notice of intent to defend.

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

The Board found the employer bound by the collective agreement, declared a violation, and ordered the payment of unpaid contributions and costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Aspen Drywall Inc., 2000 CanLII 1636

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardNov 2, 2000

Grievance application adjourned pending the outcome of related reconsideration and related employer applications.

The applicant union filed a grievance against the responding parties.

The Ontario Labour Relations Board adjourned the application pending the outcome of an application for reconsideration in a related grievance and an application under section 69 and subsection 1(4) of the Labour Relations Act, 1995.

International Brotherhood of Electrical Workers, Local 105 v. William J. Davidson Electric Inc., 2000 CanLII 5042

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardOct 31, 2000

Application for reconsideration of 1988 certification dismissed; employer failed to rebut presumption of receipt.

The employer applied for reconsideration of a 1988 Board decision certifying the union as the exclusive bargaining agent for its construction labourers.

The employer claimed it never received notice of the original application and that the certificate was obtained fraudulently.

The Board dismissed the application, finding that the employer failed to rebut the statutory presumption of receipt of mail under the Labour Relations Act and that there was no evidence of fraud.

Labourers International Union of North America, Local 506 v. The Atlas Corporation, 2000 CanLII 3509

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardOct 27, 2000

Consent order issued directing the responding party to pay $2,656.32 to settle grievance damages.

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

Following a prior Board decision finding that the responding party violated the collective agreement, the parties entered into Minutes of Settlement to resolve the issue of damages.

The Board issued a consent order directing the responding party to pay $2,656.32 in full and final settlement of all damages related to the grievance.

Sheet Metal Workers’ International Association, Local 30 v. Cordeiro Roofing Ltd., 2000 CanLII 9174

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 27, 2000

D. L. Gee

OLRB0 cases1994–2001

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 appeared to have the requisite membership support of at least forty percent in the proposed bargaining unit.

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

United Brotherhood of Carpenters and Joiners of America, Local 1669 v. United General Contracting Ltd., 2000 CanLII 2735

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardOct 26, 2000

Board directed written submissions on parties' proposal to bifurcate proceedings and issue partial decision.

The parties in a dispute before the Ontario Labour Relations Board agreed to adjourn scheduled hearing dates and proposed bifurcating the proceedings.

The parties suggested presenting part of their evidence and seeking the Board's view before deciding whether to call further evidence on area/industry practice.

The Board expressed reluctance to issue a decision based on partial evidence and directed the parties to provide written submissions clarifying their agreement and rationale before the next scheduled hearing date.

Larochelle Drywall Corp. v. United Brotherhood of Carpenters and Joiners of America, Local 2041, 2000 CanLII 11978

J. G. Knight

David A. McKee

A. Haward

OLRBOntario Labour Relations BoardOct 24, 2000

Board declines to serve notice of contempt hearing on behalf of applicant union.

The applicant union requested the Board to schedule a hearing and serve notice on two responding parties to show cause why the Board should not state a case for contempt to the Divisional Court for failing to comply with production orders.

The Board declined, noting it cannot assume carriage of the applicant's case or effect service on its behalf, especially when the individuals sought may be out of the country.

The Board advised the applicant to employ a licensed investigator or union representative to effect service and noted that e-mail communications to the Board are not accepted.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Big “B” Steel Erectors Inc., 2000 CanLII 10087

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

A. Haward

OLRBOntario Labour Relations BoardOct 23, 2000

Board declines to adjourn hearing of constitutional issues.

The Ontario Labour Relations Board declined to adjourn the hearing of constitutional issues after reviewing the submissions of counsel.

The Toronto-Dominion Bank v. United Brotherhood of Carpenters and Joiners of America, 2000 CanLII 6420

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

A. Haward

OLRBOntario Labour Relations BoardOct 20, 2000

Board amended bargaining unit and directed ballot count pursuant to parties' minutes of settlement.

The applicant union filed an application for certification and an unfair labour practice complaint under section 96 of the Labour Relations Act, 1995.

The parties entered into Minutes of Settlement agreeing to amend the bargaining unit description, count the non-segregated ballots from the representation vote, and withdraw the section 96 application.

The Board issued a decision amending the bargaining unit description, directing the counting of the ballots, and withdrawing the section 96 application in accordance with the settlement.

Carpenters and Allied Workers Local 27 United Brotherhood of Carpenters and Joiners of America v. Alcona Aluminum Inc., 2000 CanLII 3437

John Morgan Lewis

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 20, 2000

Grievance referrals terminated following filing of a Memorandum of Settlement.

The applicant union filed grievances against the responding party employer.

The parties reached a Memorandum of Settlement.

Having regard to the settlement, the Ontario Labour Relations Board ordered the matters terminated.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Perfection Rug Co. Ltd., 2000 CanLII 7501

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardOct 19, 2000

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application.

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

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Steel Technologies Framing Inc., 2000 CanLII 7629

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardOct 19, 2000

Consent order issued declaring the employer bound by the collective agreement and ordering payment of 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 scheduled hearing, the parties reached a settlement and requested the Board to issue a consent order.

The Board issued declarations that the responding party is bound by the collective agreement and violated several of its articles.

The Board also ordered the responding party to pay damages totaling $3,233.74 to the applicant, union dues, and pension plan, in accordance with the memorandum of agreement.

Construction Workers Local 6 affiliated with the Christian Labour Association of Canada v. Schaible Electric Ltd., 2000 CanLII 2245

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardOct 18, 2000

Applicant directed to provide valid addresses for service for responding parties whose mail was returned.

In an application before the Ontario Labour Relations Board, notices of the hearing date were sent to all responding parties.

Mail was returned from four responding parties.

The Board directed the applicant to forthwith provide the Registrar with valid addresses for service for each of these parties.

Brick and Allied Craft Union of Canada v. International Union of Bricklayers and Allied Craftworkers, Local 6, 2000 CanLII 10655

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardOct 18, 2000

Default judgment granted ordering employer to post $5,000 bond for late benefit contributions.

The applicant referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding party failed to post a $5,000 bond for late benefit contributions as required by the collective agreement.

The responding party failed to file a response.

The Board deemed the responding party to have accepted the facts, found a violation of the collective agreement, and ordered the responding party to post the bond and pay costs.

Carpenters District Council of Ontario v. The Cooler Guys Inc., 2000 CanLII 8380

J. G. Knight

Inge M. Stamp

G. McMenemy