J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardSep 5, 2000

Certification application dismissed under section 8.1 as union lacked 40% membership support despite alleged unfair labour practices.

The applicant union filed an application for certification and an unfair labour practice complaint.

At the commencement of the hearing, the responding party moved to dismiss the certification application under section 8.1(5), paragraph 7 of the Labour Relations Act, 1995, because the union submitted membership evidence for less than 40% of the bargaining unit.

The union argued that the Board's remedial powers under sections 11 and 96 could override section 8.1 if a subsequent vote was ordered.

The Board agreed with the responding party, holding that section 8.1 is mandatory and cannot be overridden by section 11 or 96, even if unfair labour practices caused the failure to obtain sufficient membership evidence.

The application for certification was dismissed without a bar to a subsequent application.

International Union of Operating Engineers Local 772 v. DSM Engineering Plastics Ltd., 2000 CanLII 12039

J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

G. McMenemy

OLRBOntario Labour Relations BoardSep 5, 2000

Representation vote directed with segregated ballots 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 responding party failed to file a response.

The intervenor claimed to already hold bargaining rights for construction labourers in all sectors other than ICI.

The Board found that the applicant had the requisite membership support and directed a representation vote for the proposed bargaining unit, ordering that the ballots be segregated and the ballot box sealed pending further direction.

Labourers’ International Union of North America, Local 506 v. Yukon Construction Inc., 2000 CanLII 10453

John Morgan Lewis

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardAug 30, 2000

Application for certification withdrawn with leave; one-year bar imposed on future applications.

The applicant union sought to withdraw its application for certification.

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

The Board imposed a one-year bar on future applications for certification by the applicant or its affiliated bargaining agents for the same bargaining unit.

The Registrar was directed to destroy the ballots cast in the representation vote after 30 days.

Bricklayers, Masons Independent Union of Canada, Local 1 v. C.S.B.I. Contracting Ltd., 2000 CanLII 11240

Marilyn Silverman

OLRB0 cases2000–2001

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardAug 30, 2000

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

The parties requested an adjournment of the matter.

The Ontario Labour Relations Board granted the request and adjourned the matter sine die for a period not exceeding one year, noting that it will be deemed terminated if no party requests to proceed within that time.

Labourers’ International Union of North America, Local 1059 v. Maaten Construction Limited, 2000 CanLII 9828

John Morgan Lewis

J. G. Knight

A. Haward

OLRBOntario Labour Relations BoardAug 29, 2000

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

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

The Ontario Labour Relations Board found that the applicant appeared to have the requisite membership support of not less than forty percent in the proposed bargaining unit.

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

International Brotherhood of Electrical workers, Local Union 353 v. 1273332 Ontario Limited, 2000 CanLII 4773

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardAug 28, 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. Marin Contracting Limited and New General Drywall Inc., 2000 CanLII 7683

J. G. Knight

G. McMenemy

Gail Misra

OLRBOntario Labour Relations BoardAug 28, 2000

Request for reconsideration of decision denying pre-hearing production order in construction grievance arbitration dismissed.

The applicant requested reconsideration of the Board's decision declining to issue a pre-hearing production order in a construction industry grievance arbitration.

The Board found that the applicant's reliance on jurisprudence regarding sections 69 and 1(4) applications was misplaced, as those provisions place the onus on responding parties.

The Board concluded that the reconsideration application added nothing new to the legal arguments already considered and denied the request.

Brick and Allied Craft Union of Canada, Local 5 v. Hyde Park Masonry Limited, 2000 CanLII 12856

J. G. Knight

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardAug 25, 2000

Employer ordered to pay damages and costs for failing to employ union members in default hearing.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, alleging the responding party failed to employ union members on a construction project.

The responding party failed to attend the hearing.

The Board found the responding party bound by the collective agreement and ordered it to pay $8,349.60 in damages for 280 hours of lost work, plus $747.00 in costs.

Labourers’ International Union of North America, Local 837 v. Con-Ker Construction, 2000 CanLII 12723

J. G. Knight

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardAug 25, 2000

Matter adjourned on consent of the parties.

The Ontario Labour Relations Board adjourned the matter to September 13, 2000, based on the agreement of the parties.

International Union of Painters and Allied Trades, Local 1819 v. Mallfronts International Inc., 2000 CanLII 8312

J. G. Knight

G. McMenemy

Gail Misra

Grievance referral terminated following parties' execution of Minutes of Settlement.

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

Following a previous decision, the parties settled all matters in dispute and filed Minutes of Settlement.

The Board terminated the proceeding.

Universal Workers Union, Labourers' International Union of North America Local 183 v. Sebco Construction Ltd., 2000 CanLII 7277

J. G. Knight

G. McMenemy

Gail Misra

Board orders pre-hearing production of documents in related employer and sale of business application.

The applicant union requested an order for the production of documents prior to the commencement of a hearing into an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The Ontario Labour Relations Board ordered the responding parties to produce the requested documents in their possession, care, or control.

The Board declined to order the responding parties to provide particulars, but directed that any documents relating to those matters be produced.

Drywall Acoustic Lathing and Insulation Local 675 v. R.J. Wilcox Partitions & Ceiling Systems Inc., 2000 CanLII 13331

J. G. Knight

G. McMenemy

D. L. Gee

Application withdrawn with leave of the Board.

The applicants, International Union of Elevator Constructors Local 90 and Roger Hennings, sought to withdraw their application against Otis Canada Inc. The Ontario Labour Relations Board granted leave to withdraw the application.

International Union of Elevator Constructors Local 90 v. Otis Canada Inc., 2000 CanLII 2098

J. G. Knight

G. McMenemy

Gail Misra

Employer ordered to pay unpaid wages and costs in default grievance referral proceeding.

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 pay an employee for 53 hours of work.

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

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 employer bound by the provincial collective agreement and ordered it to pay the unpaid wages, costs, and filing fees.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Industry Drywall Solutions Ltd., 2000 CanLII 2358

J. G. Knight

G. McMenemy

D. L. Gee

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

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

On consent of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

Carpenters & Allied Workers Local 27 v. PCL Constructors Canada Inc., 2000 CanLII 6375

J. G. Knight

G. McMenemy

Gail Misra

Applications adjourned sine die on consent of the parties.

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

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the applications will be deemed terminated if no party requests to proceed.

Operative Plasterers’, Cement Masons’ and Restoration Steeplejacks’ International Association of the United States and Canada, Union Local 598 v. Phoenix Restoration, a division of Phoenix Gunite Services Ltd., 2000 CanLII 10616

J. G. Knight

G. McMenemy

David A. McKee

The Board confirmed hearing dates for multiple related matters.

The Ontario Labour Relations Board issued a procedural decision confirming the hearing dates for multiple related matters involving the Labourers International Union of North America, Local 527 and Thomas Fuller Construction Co. Limited et al.

The hearing was scheduled for several dates in January and February 2001.

Labourers International Union of North America, Local 527 v. Thomas Fuller Construction Co. Limited, 2000 CanLII 10522

J. G. Knight

David A. McKee

A. Haward

OLRBOntario Labour Relations BoardAug 23, 2000

Consent order issued for $57,345.65 in damages for collective agreement violations regarding unpaid remittances.

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

Prior to the hearing, the parties reached a settlement and requested a consent order.

The Ontario Labour Relations Board issued the requested declarations and orders, including a declaration that the responding party violated the collective agreement and an order to pay $57,345.65 in damages plus interest for unpaid remittances.

International Union of Operating Engineers, Local 793 v. Elmford Construction Company Limited, 2000 CanLII 13408

J. G. Knight

G. McMenemy

Gail Misra

OLRBOntario Labour Relations BoardAug 23, 2000

Application withdrawn with leave of the Board.

The applicant, United Brotherhood of Carpenters and Joiners of America, Local 494, sought to withdraw its application against Mady Development Corporation.

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

United Brotherhood of Carpenters and Joiners of America, Local 494 v. Mady Development Corporation, 2000 CanLII 8930

J. G. Knight

David A. McKee

A. Haward