J. G. Knight

Inge M. Stamp

G. McMenemy

Request for production of documents dismissed without prejudice pending determination of preliminary issues.

The applicant union requested the production of documents relating to a section 69/1(4) related employer application.

The Ontario Labour Relations Board dismissed the request at this stage of the proceedings, noting that there were preliminary matters to be decided first, including an underlying jurisdictional dispute and the scope of previous minutes of settlement.

The dismissal was without prejudice to the applicant's right to renew the request if the responding party is unsuccessful in its preliminary motion.

United Brotherhood of Carpenters and Joiners of America, Local 1256 v. Delsan Contracting Limited et al., 2000 CanLII 13348

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

G. McMenemy

Application adjourned sine die on consent for a period not exceeding one year.

The applicant union and responding party 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 would be deemed terminated if neither party requested to proceed.

The International Union of Painters and Allied Trades, District Council 46 (Local 1891) v. Ziggy’s General Contracting Ltd., 2000 CanLII 11001

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if neither party requested to proceed within one year.

Millwright Regional Council of Ontario v. Ontario Power Generation Inc. (Darlington), 2000 CanLII 4319

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die on agreement of the parties.

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

Having regard to the agreement of the parties, the Board adjourned the application sine die.

The application will be deemed terminated if neither party requests to proceed within one year.

The International Union of Painters and Allied Trades, District Council 46 (Glaziers Local Union 1819) v. Guildwood Glass Contractors Ltd., 2000 CanLII 9292

J. G. Knight

Harry Freedman

G. McMenemy

Representation vote ordered in 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 appeared to have the requisite membership support of not less than forty percent of the individuals in the proposed bargaining unit.

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

Labourers’ International Union of North America, Local 1059 v. Miracle Construction Limited, 2000 CanLII 9168

J. G. Knight

Harry Freedman

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 granted the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within one year.

Labourers’ International Union of North America, Local 1081 v. Doug Wright Construction Ltd., 2000 CanLII 3540

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die on consent of the parties.

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

Having regard to the agreement of the parties, the Board adjourned the application sine die.

The Board noted that the application would be deemed terminated without further notice if neither party requested to proceed within one year.

Labourers’ International Union of North America, Local 527 v. Cornwall Gravel Co. Ltd., 2000 CanLII 2901

J. G. Knight

Harry Freedman

G. McMenemy

Representation vote directed in construction industry certification application with ballots to be segregated.

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.

Although the appropriate bargaining unit description remained in dispute, the Board directed that a representation vote be taken, with the ballots to be segregated and the ballot box sealed pending further agreement or order.

International Union of Operating Engineers, Local 793 v. Miracle Construction Limited, 2000 CanLII 9664

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardSep 13, 2000

Employer ordered to pay outstanding benefit fund remittances 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 make required remittances to benefit funds.

The employer failed to file a response within the required time.

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 and ordered it to pay $25,334.24 in outstanding remittances and $214.00 in costs.

Labourers’ International Union of North America, Local 625 v. Hadrian Excavating Ltd., 2000 CanLII 7403

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardSep 12, 2000

Grievance referral granted by default; employer ordered to pay damages for failing to employ union members.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employers violated the collective agreement by failing to employ union members at a construction project.

The responding employers failed to file a response.

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

The Board declared the employers bound by the collective agreement, found they violated it, and ordered them to pay $11,539.20 in damages plus tax and filing fees.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Marilyn and/or Gale Knott c.o.b. as MMK Enterprises Steel Placing and/or Peterborough Reinforcing and G.E.K. Contracting Limited, 2000 CanLII 4141

J. G. Knight

David A. McKee

OLRB0 cases1999–2001

A. Haward

OLRBOntario Labour Relations BoardSep 11, 2000

Board scheduled a reconsideration request for hearing and declined to issue a production order.

The Ontario Labour Relations Board addressed a request for reconsideration from Spud Erectors Inc. and a request for a production order from the applicant union.

The Board rescheduled the applications to hear the reconsideration request first and directed Spud Erectors Inc. to deliver its application to the union.

The Board declined to issue a production order, noting that such orders are rarely made in a referral under section 133 and that the applicant could serve a subpoena duces tecum instead.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Big “B” Steel Erectors Inc., 2000 CanLII 11719

J. G. Knight

Inge M. Stamp

G. McMenemy

Applications withdrawn with leave of the Board.

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

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

Drywall Acoustic Lathing and Insulation Local 675 United Brotherhood of Carpenters and Joiners of America v. Balko Drywall Inc., 2000 CanLII 11254

J. G. Knight

Inge M. Stamp

G. McMenemy

Board issues consent orders and $54,000 damages award based on parties' minutes of settlement.

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 resolved the dispute and filed Minutes of Settlement.

The Board issued consent orders declaring the responding parties bound to the Provincial Agreement, finding a violation of the union security provisions, and ordering the payment of $54,000 in damages in accordance with the settlement terms.

International Union of Painters and Allied Trades, Local 1819 v. Mallfronts International Inc., 2000 CanLII 6292

J. G. Knight

Inge M. Stamp

G. McMenemy

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 is an affiliated bargaining agent and that the proposed bargaining unit is appropriate.

Finding that not less than forty percent of the individuals in the proposed unit were members of the union, the Board directed that a representation vote be taken.

Operative Plasterers’ and Cement Masons’ International Association of the United States and Canada, Local 124 v. Suntex Stucco Ltd., 2000 CanLII 9753

J. G. Knight

Inge M. Stamp

G. McMenemy

Hearing adjourned on consent to allow parties to pursue settlement discussions.

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

The parties agreed to adjourn the scheduled hearing to pursue settlement discussions.

The Board directed the responding party to file its response by a specified date and rescheduled the hearing.

International Brotherhood of Electrical Workers, Local 894 v. Bennett & Wright Group Inc., 2000 CanLII 12217

J. G. Knight

Inge M. Stamp

G. McMenemy

Board orders representation vote in construction industry certification application despite employer's claim of no employees.

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

The responding party asserted it had no employees at work in the proposed bargaining unit on the application date, having sub-contracted the work.

The Board found the applicant to be a trade union and that the requisite membership evidence was filed.

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. Marshall Homes Corporation, 2000 CanLII 8172

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardSep 6, 2000

Application terminated following parties' settlement and filing of a Memorandum of Agreement.

The applicant union filed an application under section 133 of the Labour Relations Act, 1995.

Prior to the scheduled hearing, the parties settled the matters in dispute and filed a Memorandum of Agreement.

The Ontario Labour Relations Board consequently terminated the proceeding.

Labourers’ International Union of North America, Local 1059 v. Strathroy Concrete Forming (1988) Inc., 2000 CanLII 13434

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardSep 6, 2000

Board directs responding parties to produce documents relevant to related employer and sale of business applications.

The applicant requested production of documents from the responding parties pursuant to sections 1(5) and 69(13) of the Labour Relations Act, 1995, in relation to applications alleging a sale of a business and/or related employer status.

The Board found the requested documents arguably relevant and directed the responding parties to produce them.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Vanbots Construction Corporation and Rambots Construction Corporation, 2000 CanLII 12623

J. G. Knight

Inge M. Stamp

G. McMenemy