J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardJun 26, 2000

Default judgment granted against employer for subcontracting violation; ordered to pay damages and filing fees.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding party violated the collective agreement by subcontracting work to a non-union employer.

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 alleged in the application.

The Board found the responding party in violation of the collective agreement and ordered it to pay $29,792.88 in damages and $214.00 for filing fees.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Sanan Construction/(961488 Ontario Limited), 2000 CanLII 7296

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardJun 23, 2000

Grievance referral hearing adjourned because Notice of Hearing was not sent to responding party.

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

Although the applicant properly served the responding party, the Board's file did not indicate that a Confirmation of Filing and Notice of Hearing had been sent to the responding party.

Consequently, the Board determined it was not possible to proceed with the scheduled hearing and directed the Registrar to fix a new date.

The International Union of Painters and Allied Trades (formerly known as the International Brotherhood of Painters and Allied Trades), District Council 46 (Local 1671) v. Lakeland Industrial Cleaning Ltd., 2000 CanLII 7833

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardJun 23, 2000

Employer found liable for unpaid contributions and dues on default in construction industry grievance.

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 payments to various funds and failed to deduct 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, found the employer liable for violating the collective agreement, and scheduled a hearing to assess damages.

The Ontario Council of the International Union of Painters and Allied Trades, District Council 46 v. Arranwood Painting & Decorating, 2000 CanLII 9320

J. G. Knight

David A. McKee

A. Haward

OLRBOntario Labour Relations BoardJun 22, 2000

Board orders new representation vote and destruction of previous uncounted ballots.

The Ontario Labour Relations Board ordered a new representation vote in a certification application.

The ballots from the initial vote held on March 31, 2000, were ordered destroyed without being counted.

A second representation vote was scheduled for June 29, 2000, with further reasons to follow.

Universal Workers Union, L.I.U.N.A. Local 183 v. Metal Tech Systems Inc., 2000 CanLII 1462

John Morgan Lewis

J. G. Knight

A. Haward

OLRBOntario Labour Relations BoardJun 22, 2000

Board reconsiders and rescinds previous decision issued without a hearing at applicant's request.

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

The Board initially issued a decision without a hearing based on the applicant's request.

The applicant subsequently requested that the Board cancel its decision and proceed to a scheduled hearing.

The Board reconsidered and rescinded its previous decision, ordering the matter to proceed to hearing.

Labourers’ International Union of North America, Local 1059 v. Eton Construction (Canada) Inc., 2000 CanLII 6516

J. G. Knight

G. McMenemy

Gail Misra

Union certification granted following a successful representation vote among construction labourers.

The applicant union applied for certification to represent construction labourers employed by the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board directed that a certificate issue.

The Board found it unnecessary to deal with the sufficiency of membership evidence in light of a previous decision, and noted no statements of desire were filed.

Universal Workers Union, L.I.U.N.A. Local 183 v. Len Pack Construction Corporation, 2000 CanLII 4780

J. G. Knight

D. L. Gee

OLRB0 cases1994–2001

A. Haward

Grievance referral adjourned sine die on consent of the parties.

The applicant union filed a grievance referral 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.

Labourers’ International Union of North America, Local 1089 v. Doug Chalmers Construction Limited, 2000 CanLII 10465

John Morgan Lewis

J. G. Knight

A. Haward

Employer ordered to pay over $72,000 in unpaid benefit contributions in default grievance 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 monthly benefit contributions.

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

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

The Board ordered the employer to pay $72,345.36 in unpaid contributions, plus costs, and directed a hearing to calculate damages for the remaining month.

Brick and Allied Craft Union of Canada Local 31 v. E. Belluz & Son Tile & Marble Ltd., 2000 CanLII 6247

John Morgan Lewis

J. G. Knight

A. Haward

Grievance allowed in default proceeding; employer ordered to pay damages for collective agreement violation.

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

The responding party failed to file a Request for Hearing and Notice of Intent to Defend within the required time.

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 bound by the Collective Agreement, declared it had violated the agreement, and ordered it to pay $3,090.00 in damages plus $214.00 in costs.

The scheduled hearing was cancelled.

Labourers’ International Union of North America, Local 1059 v. Eton Construction (Canada) Inc., 2000 CanLII 9019

John Morgan Lewis

J. G. Knight

A. Haward

Representation vote directed in construction industry certification application; section 8.1 notice held inapplicable.

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

The responding party disputed the number of employees in the bargaining unit and gave notice under section 8.1 of the Act.

The Board held that section 8.1 does not apply to construction industry certification applications and declined to seal the ballot box on that basis.

Finding that the applicant had the requisite membership support, the Board defined the appropriate bargaining unit and directed a representation vote.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 221 v. Prime Mechanical Inc., 2000 CanLII 10891

J. G. Knight

G. McMenemy

Gail Misra

Application withdrawn with leave of the Board.

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

The Board granted leave to withdraw the application.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Interac Contractors Inc., 2000 CanLII 5364

J. G. Knight

G. McMenemy

D. L. Gee

OLRB0 cases1994–2001

Grievance referral adjourned sine die on consent of the parties.

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

The Ontario Labour Relations Board granted the consent adjournment for a period not exceeding one year, after which the matter will be deemed terminated if no request to proceed is made.

International Brotherhood of Electrical Workers, Local 353 v. The Board of Governors of Exhibition Place, 2000 CanLII 10605

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

G. McMenemy

Application withdrawn with leave of the Board at the applicant's request.

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.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Lido Construction Co. Ltd., 2000 CanLII 5504

J. G. Knight

G. McMenemy

Gail Misra

Union certification granted following successful representation vote in the construction industry.

The applicant trade union applied for certification to represent carpenters and carpenters' apprentices employed by the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board issued two certificates pursuant to section 160(1) of the Labour Relations Act.

One certificate was issued for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the specified geographic areas.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Lauren Labao c.o.b. as Quality Home Trim, 2000 CanLII 10877

John Morgan Lewis

J. G. Knight

G. McMenemy

Board issues consent order resolving unjust discharge and refusal to hire grievances for $10,500.

The applicant union referred two grievances to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging unjust discharge and refusal to hire the grievor.

During the hearing, the parties entered into a memorandum of agreement to resolve the matters.

The Board issued a consent order directing the responding party to pay $10,500 in trust to the union, requiring the grievor to indemnify the parties regarding statutory deductions, and ordering the responding party to post notices acknowledging the union's right to appoint stewards and agreeing not to discriminate against them.

International Union of Operating Engineers, Local 793 v. Con-Drain Company (1983) Ltd., 2000 CanLII 3700

J. G. Knight

G. McMenemy

D. L. Gee

OLRB0 cases1994–2001

Consent order issued directing employer to pay $14,889.02 for collective agreement violations.

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.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated it, and ordered the payment of $14,889.02 in damages as full and final settlement.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 527 v. Rees Mechanical Contractors Ltd., 2000 CanLII 2720

J. G. Knight

G. McMenemy

Gail Misra

OLRBOntario Labour Relations BoardJun 16, 2000

Employer ordered to pay damages for collective agreement violation 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 violated the collective agreement by employing non-union members.

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 violated the collective agreement and ordered it to pay $17,074.44 in damages and $214.00 for filing fees.

Brick and Allied Craft Union of Canada v. D. A. Masonry Ltd., 2000 CanLII 8865

J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

G. McMenemy

OLRBOntario Labour Relations BoardJun 16, 2000

Application dismissed against specific responding parties at the applicant's request.

The applicant union requested by letter to dismiss the application as it relates to Apple Mechanical Co. Ltd. (1992) and its principal Harold McIntosh.

The Ontario Labour Relations Board granted the request and dismissed the application against those specific parties.

Ontario Pipe Trades Council v. Marman Mechanical In., 2000 CanLII 7369

J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

G. McMenemy