J. G. Knight

G. McMenemy

Caroline Rowan

Union application withdrawn with leave of the Board and scheduled vote cancelled.

The applicant union sought to withdraw its application with the agreement of the parties.

The Ontario Labour Relations Board granted leave to withdraw the application and cancelled the scheduled representation vote.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Marciano Doors & Trim Co. Ltd., 2000 CanLII 12458

J. G. Knight

G. McMenemy

Caroline Rowan

Application withdrawn with leave of the Board and scheduled representation vote cancelled.

The applicant union sought to withdraw its application for certification.

With the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application and cancelled the representation vote scheduled for April 17, 2000.

The responding party was directed to post copies of the decision.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Forest Trim & Doors Ltd., 2000 CanLII 12455

J. G. Knight

G. McMenemy

Caroline Rowan

Application withdrawn with leave of the Board and scheduled vote cancelled on consent.

The applicant union sought to withdraw its application.

Having regard to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the application and cancelled the scheduled vote.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Millway Carpentry Ltd., 2000 CanLII 12456

J. G. Knight

G. McMenemy

Caroline Rowan

Employer ordered to pay damages for unremitted union dues 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, 1995, alleging the responding employer failed to remit required amounts under the collective agreement.

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 declared the employer bound by the collective agreement, found it in violation, and ordered payment of damages, interest, and fees.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Trafalgar Mechanical Inc., 2000 CanLII 8294

J. G. Knight

G. McMenemy

Caroline Rowan

Grievance allowed in default; employer ordered to pay unpaid wages and benefits.

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 wages and benefits.

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 employer violated the collective agreement, ordered payment of the unpaid amounts, and cancelled the scheduled hearing.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Trafalgar Mechanical Inc., 2000 CanLII 10414

J. G. Knight

G. McMenemy

Caroline Rowan

Union's application withdrawn with leave of the Board and scheduled representation vote cancelled.

The applicant union sought to withdraw its application with the agreement of the parties.

The Ontario Labour Relations Board granted leave to withdraw the application and cancelled the representation vote scheduled for April 17, 2000.

The responding party was directed to post copies of the decision.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Ganiva Constuction Ltd., 2000 CanLII 12457

J. G. Knight

G. McMenemy

Caroline Rowan

Default judgment granted against employer for unpaid union contributions and deductions.

The applicant referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding party failed to remit contributions and deductions.

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 $43,117.04 in damages plus interest and fees.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Simcoe Iron Inc., 2000 CanLII 10572

J. G. Knight

G. McMenemy

David A. McKee

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

The parties 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.

Labourers’ International Union of North America, Local 183 v. Underground Services (1983) Ltd., 2000 CanLII 7454

J. G. Knight

G. McMenemy

Caroline Rowan

Board directs representation vote in construction industry certification application, declining to defer pending related proceedings.

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

The intervenor requested that the Board consolidate the proceeding with a related termination application and dismiss the certification application without a representation vote.

The Board declined to defer the representation vote pending the resolution of those issues, finding it appropriate to direct a vote and determine any outstanding issues at a subsequent hearing if necessary.

Carpenters and Allied Workers Local 27 v. Millway Carpentry Ltd., 2000 CanLII 7418

J. G. Knight

G. McMenemy

Caroline Rowan

Representation vote ordered in construction industry certification application; request to defer vote denied.

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 is a trade union and an affiliated bargaining agent, and that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The intervenor requested that the proceeding be consolidated with a related termination application and that the representation vote be deferred.

The Board declined to defer the vote, directing that a representation vote be taken of the individuals in the voting constituency, with any outstanding issues to be determined at a hearing after the vote if necessary.

Carpenters and Allied Workers Local 27 v. Forest Trim & Doors Ltd., 2000 CanLII 8641

J. G. Knight

G. McMenemy

David A. McKee

Request for reconsideration deemed withdrawn by the Board.

The applicant filed correspondence withdrawing its request for reconsideration.

The Ontario Labour Relations Board deemed the request withdrawn.

Labourers’ International Union of North America, Local 1081 v. Doug Wright Construction Ltd., 2000 CanLII 7354

J. G. Knight

G. McMenemy

Caroline Rowan

Board directs representation vote in construction industry certification application, declining to defer pending related proceedings.

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

The intervenor requested that the Board consolidate the proceeding with a related termination application and dismiss the certification application without a representation vote.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Ganiva Constuction Ltd., 2000 CanLII 7604

J. G. Knight

G. McMenemy

Caroline Rowan

Board directs representation vote for carpenters' bargaining unit 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 Board found that the applicant is a trade union and an affiliated bargaining agent.

Based on the information provided, the Board determined that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

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

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Remo Carpentry Inc., 2000 CanLII 8394

J. G. Knight

G. McMenemy

Caroline Rowan

Board directs representation vote in construction industry certification application, declining to defer pending related proceedings.

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

The intervenor requested that the representation vote be deferred and the proceeding consolidated with a related termination application, arguing that the applicant already held bargaining rights.

The Board declined to defer the vote, finding it appropriate to proceed with the representation vote and determine any outstanding issues at a subsequent hearing if necessary.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Penegal Trim & Supply Ltd., 2000 CanLII 9420

John Morgan Lewis

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardApr 12, 2000

Board reconsiders decision to award $214 in filing costs for grievance referral.

The Ontario Labour Relations Board, on its own motion, reconsidered its decision dated April 11, 2000, to award the applicant $214 in costs associated with the filing of its grievance referral pursuant to section 133(13) of the Labour Relations Act, 1995.

Sheetmetal Workers’ International Association, Local 30 v. Elmford Construction Company Limited., 2000 CanLII 10870

John Morgan Lewis

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardApr 12, 2000

Board reconsidered its decision on its own motion to award $214 in grievance referral costs.

The Ontario Labour Relations Board, on its own motion, reconsidered its decision dated April 11, 2000, to award the applicant its costs associated with filing a grievance referral.

The Board ordered the responding party to pay $214 pursuant to section 133(13) of the Labour Relations Act, 1995.

Sheetmetal Workers’ International Association, Local 30 v. Earlscourt Metal Industries Ltd., 2000 CanLII 9726

John Morgan Lewis

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardApr 12, 2000

Board reconsidered its decision to award the union $214 for grievance referral filing costs.

The Ontario Labour Relations Board, on its own motion, reconsidered its previous decision to award the union $214 in costs associated with filing its grievance referral under section 133(13) of the Labour Relations Act, 1995.

Sheetmetal Workers’ International Association, Local 30 v. Dirpam/Edilcan, 2000 CanLII 6963

John M. Lewis

OLRB0 cases1999–2000

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardApr 11, 2000

Employer ordered to pay $15,018.10 in damages for unpaid benefit contributions in default grievance proceeding.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit benefit trust fund contributions.

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 employer violated the collective agreement and ordered it to pay $15,018.10 in damages for unpaid penalties and late payment damages.

Sheetmetal Workers’ International Association, Local 30 v. Earlscourt Metal Industries Ltd., 2000 CanLII 7491

John M. Lewis

OLRB0 cases1999–2000

J. G. Knight

G. McMenemy