J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardSep 25, 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Grievance referral withdrawn at the request of the applicant.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The Board granted the request and the referral was withdrawn.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall Concord Ltd., 2000 CanLII 7078

Marilyn Silverman

OLRB0 cases2000–2001

J. G. Knight

G. McMeneny

OLRB0 cases2000–2000

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

The applicant requested an adjournment sine die for a period not exceeding one year.

The Ontario Labour Relations Board consented to the request and adjourned the application sine die, noting it will be deemed terminated if no party requests to proceed within that time.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. A. C. Concrete Forming Ltd., 2000 CanLII 8225

T. Hawtin

6 cases1991–2000

M. Gottheil

7 cases1991–2000

J. G. Knight

David A. McKee

OLRB0 cases1999–2001

A. Haward

Board revokes prior decision against responding party due to lack of adequate notice.

Spud Erectors Inc. applied for reconsideration of an Ontario Labour Relations Board decision, arguing it had not received the prior decision directing compliance.

The Board found that, due to the absence of normal business records indicating delivery by the Board's courier, Spud was not served with the decision.

Citing the basic principle of natural justice that a party must have adequate notice of a decision affecting its rights, the Board granted the reconsideration and revoked the prior decision insofar as it applied to Spud Erectors Inc.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Big “B” Steel Erectors Inc., 2000 CanLII 13371

Marilyn Silverman

OLRB0 cases2000–2001

J. G. Knight

G. McMenemy

Grievance referral adjourned sine die on consent of the parties.

The applicant union referred a grievance to the Ontario Labour Relations Board.

Having regard to the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Derbtile Construction Inc., 2000 CanLII 6552

T. Hawtin

6 cases1991–2000

M. Gottheil

7 cases1991–2000

J. G. Knight

David A. McKee

OLRB0 cases1999–2001

A. Haward

Board warns non-compliant responding parties that continued failure to produce documents may result in contempt proceedings.

The applicant union brought related employer and sale of business applications against three responding parties.

Two of the responding parties repeatedly failed to comply with the Board's directions to produce documents.

The applicant requested the Board to state a case for contempt to the Divisional Court.

The Board adjourned the hearing because the applicant could not complete its cross-examination without the documents, repeated its production order, and warned the non-compliant parties that further failure to comply or attend would lead the Board to seriously consider stating a case for contempt.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Big “B” Steel Erectors Inc., 2000 CanLII 12331

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardSep 20, 2000

Board directs oral hearing to resolve factual disputes regarding validity of voluntary recognition agreement.

The applicant applied for certification in the construction industry.

The Board previously directed the applicant and intervenor to exchange pleadings on whether a valid voluntary recognition agreement existed between the responding party and the intervenor, which would bar the application.

Finding significant factual disputes in the submissions, the Board directed that the matter be resolved in a traditional oral hearing.

Construction Workers Local 52 v. Valleywood Air Systems Inc., 2000 CanLII 6648

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardSep 19, 2000

Board amends bargaining unit description to ICI sector only and directs representation vote.

The applicant union requested that a previously cancelled representation vote be rescheduled and sought to amend the bargaining unit description to delete reference to non-ICI sectors of the construction industry, as another local had been certified for those sectors.

The Board granted the amendment, finding the appropriate bargaining unit to be all carpenters and carpenters' apprentices in the ICI sector, and directed that a representation vote be taken.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. 539243 Ontario Ltd., 2000 CanLII 7489

Marilyn Silverman

OLRB0 cases2000–2001

J. G. Knight

A. Haward

Employer found liable by default for failing to remit union dues and benefit contributions.

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 required benefit contributions and union dues.

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 Board deemed the facts in the application accepted and found the responding party liable for violating the collective agreement.

A hearing was scheduled to assess the quantum of damages.

The International Union of Painters and Allied Trades, District Council 46 (Local 1891) v. Peelco Construction Services Ltd., 2000 CanLII 6206

J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

A. Haward

Board issued a consent order incorporating the parties' settlement of a construction industry grievance.

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

Prior to the scheduled hearing, the parties resolved the dispute and executed Minutes of Settlement.

The responding party acknowledged violating the collective agreement and agreed to pay $4,000 in damages.

The Board issued a consent order incorporating the terms of the settlement.

Sheet Metal Workers’ International Association, Local 30 v. Semple-Gooder Roofing Limited, 2000 CanLII 9317

J. G. Knight

Harry Freedman

G. McMenemy

Board amended previous decision to correct the rule referenced for filing a Certificate of Delivery.

The applicant union filed an application for certification.

In a previous decision directing a representation vote, the Board noted an issue with the filing of the Certificate of Delivery and referenced Rule 26(e).

The Board issued this decision to correct that reference, noting that Rule 130 governs the filing of a Certificate of Delivery in construction industry certification applications.

The Board amended its previous decision to state that the timing of the filing and any consequences arising from it may be raised following the representation vote.

International Union of Operating Engineers, Local 793 v. Miracle Construction Limited, 2000 CanLII 8609

Pierre Sadik

9 cases1992–2000

Jim Lajeunesse

2 cases2000–2000

James O’Neill

1 case2000–2000

Gary Caroline

26 cases1988–2012

Chris Little

1 case2000–2000

Carl Peterson

53 cases1984–2023

J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

A. Haward

Subcontracting grievance adjourned pending determination of underlying jurisdictional dispute over work assignment.

The applicant union filed a grievance alleging the employer violated the collective agreement by subcontracting work to a non-union entity.

The responding employer and the intervenor union brought a motion to adjourn the grievance pending the determination of a jurisdictional dispute over the work assignment.

The Board granted the motion, finding that its longstanding jurisprudence of deferring subcontracting grievances to jurisdictional disputes was not altered by recent case law, and adjourned the grievance pending the filing of a jurisdictional dispute application.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786 v. A.C. Leadbetter & Sons Inc., 2000 CanLII 12422

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral withdrawn by applicant prior to scheduled hearing.

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

Prior to the scheduled hearing, the applicant requested to withdraw the application.

The Board noted that an applicant does not require permission to withdraw an application before it is heard, and that the consequences of the withdrawal on any subsequent proceedings would be determined in those proceedings.

The application was withdrawn.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Marsand Contracting Inc., 2000 CanLII 4527

J. G. Knight

Harry Freedman

G. McMenemy

Board directs related employer application and grievance referral to be heard together and extends response time.

The applicant union filed an application for declaratory relief under sections 69 and 1(4) of the Labour Relations Act, 1995, and a referral of a grievance under section 133.

The applicant requested that the matters be heard together and waived the time limits under section 133.

The Ontario Labour Relations Board directed that the matters be listed for hearing together and extended the time for the responding parties to file their responses.

Carpenters and Joiners Local 494 United Brotherhood of Carpenters and Joiners of America v. Crystaplex Plastics Ltd. and Athletica, Inc., 2000 CanLII 3405

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

G. McMenemy

Grievance referral withdrawn with leave of the Board following Minutes of Settlement.

The applicant union filed a grievance referral against the responding party employer.

The parties reached Minutes of Settlement.

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

Labourers’ International Union of North America, Local 1089 v. Doug Chalmers Construction Limited, 2000 CanLII 3536

R. O. MacDowell

OLRB0 cases1980–2001

J. G. Knight

G. McMenemy

Board sets union restructuring dispute down for consultation rather than formal hearing to ensure expedition.

The applicants filed a complaint under section 96 of the Labour Relations Act challenging the parent union's decision to transfer the geographic jurisdiction of the Kapuskasing area from Local 491 to Local 607.

The Board considered whether to hold a formal hearing or a consultation to resolve the dispute.

Noting the need for expedition in construction industry restructuring disputes under the 'Bill 80 provisions', the Board exercised its discretion under section 110 of the Act and its Rules to set the matter down for a consultation rather than a full oral hearing.

Laborers’ International Union of North America, Local 491 v. Laborers’ International Union of North America, 2000 CanLII 12252

J. G. Knight

Harry Freedman

G. McMenemy

Consent order issued declaring employer bound by collective agreement and directing payment of $10,000 in damages.

The parties settled a grievance referral under section 133 of the Labour Relations Act, 1995.

The applicant employer acknowledged it was bound by the collective agreement between the Ontario Sheet Metal and Air Handling Group and the responding party union.

The Board issued a consent order declaring the applicant bound by the agreement, finding violations of specific articles, and directing the applicant to pay $10,000 in damages to the responding party in structured installments.

Walter B. Enterprises Inc. v. Sheet Metal Worker’s International Association and Ontario Sheet Metal Worker’s Conference Local Union No. 30, 2000 CanLII 11065

J. G. Knight

Harry Freedman

G. McMenemy

Representation vote directed in construction industry certification application after employer failed to respond.

The applicant trade 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.

Based on the information and 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.

Allied Construction Employees, Local 1030, United Brotherhood of Carpenters and Joiners of America v. T. F. Structures Group Inc., 2000 CanLII 10226

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

G. McMenemy

Board incorporated Minutes of Settlement and scheduled a hearing to determine additional monies owing.

The applicant union referred a grievance in the construction industry under section 133 of the Labour Relations Act, 1995.

The parties entered into Minutes of Settlement, which they requested the Board to incorporate into a decision.

The Board declared that a subpoena served on a witness remained binding for the upcoming hearing and that the sole issue for determination at the hearing would be the amount of additional monies owing pursuant to the collective agreement violations.

The matter was referred to the Registrar to be listed for hearing.

Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America v. 1328156 Ontario Limited and Resici Group Inc., 2000 CanLII 7054

J. G. Knight

Harry Freedman

G. McMenemy