J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardAug 14, 2000

D. L. Gee

OLRB0 cases1994–2001

Board directs applicant to respond to request for reconsideration based on missed hearing due to traffic.

The responding party requested reconsideration of a previous Board decision, asserting that its principal missed the hearing due to heavy traffic.

The Board indicated its inclination to revoke the previous decision and relist the matters for hearing, and directed the applicant to advise the Board of its position on the request.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Simplex Drywall Limited, 2000 CanLII 12731

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardAug 14, 2000

D. L. Gee

OLRB0 cases1994–2001

Grievance referral adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it would be deemed terminated if no request to proceed was made.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Metal Tech Systems Inc., 2000 CanLII 9146

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral withdrawn at the request of the applicant.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The Board granted the request and the referral was withdrawn.

Sheet Metal Workers’ International Association, Local 504 v. Norwest Contracting Limited, 2000 CanLII 1241

J. G. Knight

Harry Freedman

G. McMenemy

Board issues consent order for unpaid wages following settlement of construction grievance.

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

Prior to the hearing, the parties entered into a Memorandum of Agreement settling the matter.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated it, and directed the payment of $1,508.60 in unpaid wages plus $150.00 in travel costs to the applicant.

Construction Workers Local 52 v. North America Construction (1993) Ltd., 2000 CanLII 4736

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 agreement of the parties, the Board adjourned the application sine die, noting it would be deemed terminated if no request to proceed was made within one year.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 700 v. E.S. Fox Limited, 2000 CanLII 2050

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 no request to proceed was made within one year.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 700 v. Comstock Canada Limited, 2000 CanLII 3863

Peter Vice

1 case2000–2000

Elizabeth Mitchell

39 cases1988–2007

Andrew Tremayne

9 cases1994–2012

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardAug 9, 2000

Related employer and sale of business application dismissed; no common control between father and son's businesses.

The applicant union sought a declaration that Peter Curkovic Limited (PCL) transferred its business to B.C.A. Construction, or that the two entities carried on associated or related activities under common direction and control.

PCL, a painting contractor bound to the union's provincial collective agreement, ceased operations in 1990.

B.C.A. was established by the son of PCL's principal.

The Board found no evidence of a sale or transfer of business, nor any indication of common control or direction.

The application was dismissed.

International Brotherhood of Painters and Allied Trades, Local 200 v. Peter Curkovic Limited, 2000 CanLII 13282

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardAug 9, 2000

Board directed two related employer applications against the same respondents be listed for hearing together.

The applicant union requested that its application under sections 69 and 1(4) of the Labour Relations Act, 1995 be listed for hearing and consolidated with a similar application brought by another union against the same responding parties.

The responding parties opposed consolidation, noting the presence of an intervenor in one application but not the other.

The Board directed the Registrar to list both applications to be heard together on the previously scheduled dates, leaving the ultimate determination of whether the matters should be formally consolidated to the panel seized with hearing the applications.

I.B.E.W. Construction Council of Ontario et al. v. The Foundation Company of Canada Limited et al., 2000 CanLII 13269

J. G. Knight

Harry Freedman

G. McMenemy

Request for extension of time and adjournment dismissed as late retention of counsel is not a valid excuse.

The responding parties requested an extension of time to file a statement of defence and an adjournment of the hearing, arguing they had been unrepresented and needed time to prepare.

The Board dismissed the request, noting the responding parties had ample time to retain counsel since the application was filed in June and the first hearing was in July.

The Board held that retaining counsel at the last moment is not a valid basis for granting an extension or adjournment.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada v. Newmarch Inc., 2000 CanLII 3273

J. G. Knight

G. McMenemy

David A. McKee

Application adjourned sine die on consent of the parties.

The applicant union and responding employer agreed to adjourn the application.

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

Labourers’ International Union of North America, Local 837 v. Harbridge & Cross, 2000 CanLII 2014

J. G. Knight

G. McMenemy

David A. McKee

Application withdrawn at the request of the applicant.

The applicant, United Brotherhood of Carpenters and Joiners of America, requested to withdraw its application against Jamwood Developments Inc. o/a Surrey Construction.

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

United Brotherhood of Carpenters and Joiners of America v. Jamwood Developments Inc. o/a Surrey Construction, 2000 CanLII 3570

J. G. Knight

G. McMenemy

David A. McKee

Application for certification dismissed after union failed to win majority in representation vote.

The applicant union applied for certification.

A representation vote was held, and not more than fifty per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for this bargaining unit.

United Brotherhood of Carpenters and Joiners of America v. Surrey Construction, 2000 CanLII 8246

J. G. Knight

G. McMenemy

D. L. Gee

OLRB0 cases1994–2001

Application withdrawn with leave of the Board.

The applicant, Carpenters and Allied Workers Local 27, sought to withdraw its application against the responding party, Bondfield Construction Company Ltd. The Ontario Labour Relations Board granted leave and the application was withdrawn.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Bondfield Construction Company Ltd., 2000 CanLII 8875

J. G. Knight

G. McMenemy

Gail Misra

OLRB0 cases1994–2025

Board declines to order pre-hearing document production in a section 133 construction industry grievance.

The applicant union requested an order for pre-hearing production of itemized documents in a section 133 grievance under the Labour Relations Act, 1995.

The Ontario Labour Relations Board declined to make the order, noting there is no legislated requirement for an employer to provide pre-hearing production in such grievances.

The Board advised that the union could issue a summons to the responding party for the required documents at the hearing.

Labourers’ International Union of North America, Local 1059 v. Eton Construction (Canada) Inc., 2000 CanLII 13064

J. G. Knight

G. McMenemy

David A. McKee

Request for forensic examination of original documents from a concluded file denied pending proper explanation.

Counsel for the responding parties requested production of original documents from a concluded Board file for forensic examination.

The Board denied the request as presently framed, noting that while it might permit such examination in appropriate circumstances, the requesting party must explain the purpose and relevance of the examination to an active proceeding.

The Board noted the file had been concluded by minutes of settlement over five years prior, and any challenge to that decision would require an application for reconsideration.

International Brotherhood of Electrical Workers, Local 105 v. Wm. J. Davidson Electric Inc., 2000 CanLII 12273

J. G. Knight

G. McMenemy

Gail Misra

OLRB0 cases1994–2025

Request for pre-hearing document production in a section 133 grievance denied.

The applicant union requested an order for pre-hearing production of itemized documents in a section 133 grievance.

The Board declined to make the order, noting there is no legislated requirement for pre-hearing production in such grievances and the union could issue a summons for the documents needed at the hearing.

Brick and Allied Craft Union of Canada, Local 5 v. Hyde Park Masonry Limited, 2000 CanLII 13066

J. G. Knight

David McKee

A. Haward

OLRBOntario Labour Relations BoardAug 3, 2000

Representation vote ordered 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 defined the appropriate bargaining unit and directed that a representation vote be held among the eligible employees.

International Union of Operating Engineers, Local 793 v. Fowler Construction Company Limited, 2000 CanLII 6485

J. G. Knight

David A. McKee

A. Haward

OLRBOntario Labour Relations BoardAug 3, 2000

Board directs representation vote in certification application with ballot box sealed under s. 8.1(4).

The applicant trade union filed an application for certification.

The Board found that the applicant is a trade union and that at least 40% of the individuals in the proposed bargaining unit were members.

The Board directed a representation vote to be taken, with the ballot box to be sealed pursuant to section 8.1(4) of the Labour Relations Act, 1995, due to a notice given by the responding party.

International Union of Operating Engineers, Local 793 v. Fowler Construction Company Limited, 2000 CanLII 6873

J. G. Knight

G. McMenemy

David A. McKee