J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

G. McMenemy

Request for reconsideration of default decision dismissed where responding party failed to file a response before vacation.

The responding party requested reconsideration of a default decision issued after it failed to file a Request for Hearing and Notice of Intent to Defend/Participate.

The responding party claimed its president was on vacation and missed a pre-hearing meeting notice.

The Board dismissed the request, noting the responding party had received the initial application and Board notice before the vacation, which clearly stated the consequences of failing to respond.

United Brotherhood of Carpenters and Joiners of America 1946 v. Barwood Flooring Limited, 2000 CanLII 12410

J. G. Knight

G. McMenemy

Gail Misra

Board orders production of specific invoices and subcontracting records in pre-hearing motion.

The applicant union sought an order compelling the responding parties to produce additional documents prior to the hearing, complaining of non-compliance with a previous production order.

The Board declined to issue an order compelling compliance with the previous order, noting the applicant could pursue contempt proceedings.

However, the Board ordered the production of specific additional documents, including invoices, cancelled cheques, credit applications, and subcontracting records between Marathon Delco Inc. and the other responding parties.

International Union of Bricklayers and Allied Craftworkers, Local 6 v. Marathon-Delco Inc., 2000 CanLII 13094

J. G. Knight

G. McMenemy

Gail Misra

Board grants confidentiality order and permits redaction of irrelevant information in document production.

The responding parties in a labour relations proceeding requested confidentiality and redaction orders regarding their document production.

The Ontario Labour Relations Board ordered that all produced documents be kept entirely confidential and used solely for the proceedings.

The Board permitted the responding parties to redact confidential information they reasonably believed to be irrelevant, provided the unredacted documents were brought to the hearing for review in case of a challenge.

The Board also ordered the applicants to return all produced documents at the conclusion of the proceedings, at their own expense.

Carpenters and Allied Workers Local 27 v. Canning Contracting Limited, 2000 CanLII 11717

J. G. Knight

G. McMenemy

Gail Misra

Representation vote directed 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 claimed it had no employees performing bargaining unit work on the application date.

The Board found that the applicant appeared to have the requisite membership support and defined the appropriate bargaining unit.

The Board directed that a representation vote be taken among the eligible individuals in the voting constituency.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Optex Staging & Services Inc., 2000 CanLII 7812

J. G. Knight

G. McMenemy

Gail Misra

OLRBOntario Labour Relations BoardAug 21, 2000

Board declines to make further document production orders prior to hearing.

The applicant union wrote to the Board complaining that the responding parties failed to provide the level of document production previously ordered.

The Board noted that counsel for one of the responding parties indicated they possessed no documentation and had no control over the other companies.

The Board declined to make further orders at this time, directing the applicant to raise any remaining concerns regarding production at the hearing.

Carpenters and Allied Workers Local 27 v. Sir Forming Limited, 2000 CanLII 12840

J. G. Knight

G. McMenemy

Gail Misra

OLRBOntario Labour Relations BoardAug 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 application will be deemed terminated if no party requests to proceed.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Metro Geranium Partnership Ltd., 2000 CanLII 3131

Marilyn Silverman

OLRB0 cases2000–2001

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardAug 18, 2000

Grievance application adjourned sine die on consent of the parties.

The applicant union filed a grievance against the responding employers.

On agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year.

If no party requests to proceed within that time, the matter will be deemed terminated.

Labourers’ International Union of North America, Local 1059 v. Clifford Masonry Limited, 2000 CanLII 9547

J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

G. McMenemy

OLRBOntario Labour Relations BoardAug 18, 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. Joseph A. Montesano and Carmine Fantauzzi operating as Eastpartk Interiors, 2000 CanLII 10965

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardAug 18, 2000

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave to withdraw the application.

Labourers’ International Union of North America, Local 506 v. The McBride Group Inc., 2000 CanLII 9977

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directs written submissions on validity of intervenor's voluntary recognition agreement following successful representation vote.

The applicant union applied for certification in the construction industry.

A representation vote was held and the applicant was successful.

The intervenor union alleged it had bargaining rights through a voluntary recognition agreement executed six days prior to the application.

The Board directed the parties to file written submissions regarding the validity of the intervenor's voluntary recognition agreement, noting the issue may be resolved without an oral hearing.

Construction Workers Local 52 v. Valleywood Air Systems Inc., 2000 CanLII 13166

Marilyn Silverman

OLRB0 cases2000–2001

J. G. Knight

G. McMenemy

Grievance referrals adjourned at applicant's request after responding party failed to file intent to defend.

The applicant requested an adjournment of two referrals of grievances to arbitration under section 133 of the Labour Relations Act, 1995.

The responding party did not file a Request for Hearing and Notice of Intent to Defend/Participate.

The Board granted the applicant's request and adjourned the matters to August 31, 2000.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. 1210166 Ontario Ltd. o/a D.C.C. Carpentry, 2000 CanLII 12741

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directs three related labour applications to be listed together for hearing.

The applicant union requested that an application for certification, a related employer application, and a grievance be listed together for hearing.

The intervenor union agreed the matters were intrinsically linked.

The Board directed that all three applications be listed together for hearing, leaving the determination of how they should proceed to the panel hearing the matters.

Carpenters and Allied Workers, Local 27 v. Mannix Construction Corp., 2000 CanLII 12022

J. G. Knight

G. McMenemy

David A. McKee

OLRB0 cases1999–2001

Board directed parties to prepare a summary chart of construction contracts to streamline document production.

The applicant union filed multiple applications including certification, grievance referrals, and related employer declarations against several construction companies.

During the hearing, the parties agreed that the responding companies carried on related businesses under common control.

To manage the voluminous documentary evidence spanning eighteen years, the Board directed the parties to prepare a summary chart of construction contracts and established a timeline for document production and dispute resolution prior to the continuation of the hearing.

Labourers International Union of North America, Local 527 v. Thomas Fuller Construction Co. Limited, 2000 CanLII 11855

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directed notice to affected employees in related employer application where respondents failed to reply.

The applicant unions filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The responding employers failed to file responses.

The Board directed that notice of the application be provided to affected employees based on remittance records, giving them 10 days to express interest in participating.

The Board also noted that an oral hearing might not be necessary given the lack of responses.

Masonry Council of Unions Toronto and Vicinity et al. v. Rulman Masonry Inc. et al., 2000 CanLII 12061

J. G. Knight

G. McMenemy

David A. McKee

OLRB0 cases1999–2001

Board permitted inspection of documents to assist responding parties in determining whether to seek reconsideration.

The Board received submissions from counsel for the responding parties seeking information relevant to a potential reconsideration request in a previous Board file.

The Board refused to entertain a collateral attack on its previous decision but permitted the responding parties' examiner to inspect specified documents at the Board's offices to assist in determining whether to bring a formal reconsideration application.

International Brotherhood of Electrical Workers, Local 105 v. Wm. J. Davidson Electric Inc., 2000 CanLII 12274

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Construction industry grievance referral adjourned sine die on consent pending document production.

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

The parties agreed to adjourn the scheduled hearing on the condition that the responding party produce specified documentation relating to a project.

The Board granted the adjournment sine die for a period not exceeding one year.

International Brotherhood of Electrical Workers, Local 105 v. Harbridge & Cross Limited, 2000 CanLII 13381

J. G. Knight

G. McMenemy

D. L. Gee

OLRB0 cases1994–2001

Application adjourned sine die on consent of the parties.

The applicant filed an application against the responding party union.

On the agreement of the parties, the Ontario Labour Relations Board consented to adjourn 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.

Denzil D’Souza v. Office and Professional Employees International Union, Local 491, 2000 CanLII 2560

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Default judgment granted against employer for failure to remit union dues and benefit contributions.

The applicant union referred a construction industry grievance to the Board under section 133 of the Labour Relations Act, alleging the responding party failed to remit 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 responding party was deemed to have accepted all facts stated in the application.

The Board found the responding party violated the collective agreement and ordered it to pay $50,292.79 in owed remittances and liquidated damages.

Universal Workers’ Union, L.I.U.N.A., Local 183 v. Resici Group O/A 1212726 Ontario Ltd./1328156 Ontario Ltd., 2000 CanLII 8335

John Morgan Lewis

OLRB0 cases1999–2001

J. G. Knight

A. Haward