J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral adjourned sine die on agreement of the parties.

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

On 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.

Brick and Allied Craft Union of Canada/BAC-Canada Local 2, Toronto/Barrie, Ontario v. Toronto District School Board, 2000 CanLII 5103

J. G. Knight

G. McMenemy

Gail Misra

Application adjourned sine die on consent for up to 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 matter will be deemed terminated if neither party requests to proceed.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. 1151078 Ontario Inc. c.o.b. as Global Acoustic, 2000 CanLII 4913

J. G. Knight

G. McMenemy

Gail Misra

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 matter will be deemed terminated if no request to proceed is made.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Stealth Contracting Inc., 2000 CanLII 1674

J. G. Knight

Harry Freedman

G. McMenemy

Application withdrawn at the request of the applicant.

The applicant, Labourers’ International Union of North America, Local 837, requested to withdraw its application against Great Lakes MSR Lumber Ltd. and Mike Angle.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

Labourers’ International Union of North America, Local 837 v. Great Lakes MSR Lumber Ltd., 2000 CanLII 4426

J. G. Knight

G. McMenemy

Gail Misra

Board adjourned the matter on consent pending the filing of a section 166 application.

The applicant union brought a matter before the Ontario Labour Relations Board.

Pursuant to an agreement between the parties, the Board ordered the matter adjourned pending the filing of an application under section 166 of the Act.

International Union of Painters and Allied Trades, Local 1590 v. Bradscot (MCL) Ltd., 2000 CanLII 11950

J. G. Knight

G. McMenemy

Gail Misra

Representation vote ordered in construction industry certification application; ballot box sealed pending resolution of disputes.

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

The responding party employer and an intervenor union raised issues regarding the bargaining unit description, the number of employees, and a subsisting collective agreement.

The Board found that the applicant appeared to have the requisite 40% membership support in the proposed unit.

The Board ordered a representation vote for a voting constituency limited to Board Area 8, as that was the only area where a job site was listed on the application date.

The ballot box was ordered sealed pending resolution of the outstanding issues.

United Brotherhood of Carpenters and Joiners of America v. Intracorp Developments Ltd., 2000 CanLII 13190

J. G. Knight

G. McMenemy

Gail Misra

Application adjourned sine die on consent for up to 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 request to proceed is made.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Macdero Construction (Ontario) Ltd., 2000 CanLII 10718

J. G. Knight

Inge M. Stamp

OLRB0 cases1988–2001

G. McMenemy

Board directs alternative notice methods for accreditation application involving 3,000 roadbuilding employers.

The applicant employers' organization applied for accreditation as the bargaining agent for employers in the roadbuilding sector who have a bargaining relationship with the responding union.

The Board found the applicant to be a properly constituted employers' organization and that it had jurisdiction to entertain the application.

Given the large number of employers (approximately 3,000) listed on Schedule F for whom the union claimed bargaining rights, the Board directed the parties to meet and agree on alternative methods of providing notice, such as advertisements in trade publications, rather than mailing individual notices.

Metropolitan Toronto Road Builders Association v. International Union of Operating Engineers, Local 793, 2000 CanLII 12355

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 12, 2000

Application withdrawn at the request of the applicant.

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

The Board granted the request and the application was withdrawn.

Wayne Robert Reid v. Ontario Sheet Metal Workers Conference, 2000 CanLII 8450

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 11, 2000

Board ordered applicant to file facts disputing union's timeliness objection before directing representation vote.

The applicant applied to terminate the bargaining rights of the responding union.

The union asserted that the intervenor employer was bound by the ICI provincial agreement, which would make the application untimely.

The Board noted that the bargaining unit descriptions provided by the applicant and intervenor were unclear and did not resemble the ICI provincial agreement unit.

Before directing a representation vote, the Board ordered the applicant to file a statement of facts disputing the union's assertion regarding the ICI provincial agreement, failing which the application would be dismissed.

Wayne Robert Reid v. Ontario Sheet Metal Workers Conference, 2000 CanLII 8844

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 10, 2000

Grievance referrals adjourned sine die pending outcome of related employer and sale of business application.

The applicant union filed an application for related employer and sale of business declarations under sections 1(4) and 69 of the Labour Relations Act, 1995, along with four related grievance referrals under section 133.

The applicant requested that the grievance referrals be held in abeyance pending the outcome of the declaratory application and waived the applicable time limits.

The Board granted the request, adjourning the grievance referrals sine die and extending the time for the responding parties to file their responses.

Drywall Acoustic Lathing and Insulation Local 675 v. R.J. Wilcox Partitions & Ceiling Systems Inc., 2000 CanLII 2877

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 10, 2000

Board declares two sheet metal companies a single employer and bound by collective agreement.

The applicant union sought declarations under sections 1(4) and 69 of the Labour Relations Act that the responding parties were a single employer and that a sale of a business had occurred.

The responding parties failed to file a response and previously signed a Memorandum of Agreement consenting to the declarations.

The Board determined the application without a hearing, finding that the responding parties carried on associated or related activities under common control and direction.

The Board issued declarations that the responding parties are a single employer, that a sale of part of a business occurred, and that both are bound by the applicable collective agreement.

Sheet Metal Workers’ International Association, Local 30 v. Inter Wide Sheet Metal Ltd., 2000 CanLII 1186

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 10, 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.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Blenkhorn-Sayers, a division of Sayers & Associates Limited, 2000 CanLII 1697

J. G. Knight

Harry Freedman

A. Haward

OLRBOntario Labour Relations BoardMay 9, 2000

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, noting it would be deemed terminated if no party requested to proceed within one year.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belrock Construction Limited, 2000 CanLII 8206

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 9, 2000

Representation vote ordered in construction industry certification application despite minor membership evidence irregularities.

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.

Despite minor irregularities in some membership evidence, the Board found that not less than forty per cent of the individuals in the proposed bargaining unit appeared to be members of the applicant.

The Board directed that a representation vote be taken.

International Union of Painters and Allied Trades, Glaziers Local 1819 v. W.C.H. Access Systems Inc., 2000 CanLII 6352

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 9, 2000

Board directs representation vote in construction industry certification application after responding party fails to file response.

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

The responding party failed to file a response within the stipulated time.

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 directed that a representation vote be taken among the eligible employees in the voting constituency.

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. 539243 Ontario Ltd., 2000 CanLII 9654

John Morgan Lewis

OLRB0 cases1999–2001

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMay 2, 2000

Related employer declaration granted after responding parties failed to file a response to the application.

The applicant union filed an application under section 69 and subsection 1(4) of the Labour Relations Act, 1995, seeking a declaration that the responding parties are a single employer and bound by a collective agreement.

The responding parties failed to file a response and were deemed to have accepted all facts stated in the application pursuant to Rule 41 of the Board's Rules of Procedure.

The Board found that the uncontested facts established a prima facie case for the relief sought.

The Board declared the responding parties to be a single employer and bound to the applicable collective agreement.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786 v. Calorific Construction Limited, 2000 CanLII 12043

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMay 2, 2000

David A. McKee

OLRB0 cases1999–2001

Board finds employer liable for collective agreement violations after failure to respond to grievance referral.

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

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 Board deemed the responding party to have accepted all facts stated in the application.

The Board found the responding party liable for violating the collective agreements by employing non-union members.

A hearing was scheduled to assess damages.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Country Drywall 2000 Corp., 2000 CanLII 8264

J. G. Knight

Gail Misra

A. Haward