J. G. Knight

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMar 3, 2000

Grievance referral withdrawn with leave of the Board on agreement of the parties.

The applicant union filed a grievance referral against the responding party employer.

Having regard to the agreement of the parties, the Ontario Labour Relations Board granted leave to withdraw the matter.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Gorbern Mechanical Contractors Ltd., 2000 CanLII 7626

M. A. Nairn

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMar 3, 2000

Board directed applicant to clarify position on default proceedings after parties agreed to extend filing deadline.

The applicant union referred a construction industry grievance to the Board and subsequently requested an extension of time for the responding party to file its Request for Hearing and Notice of Intent to Defend/Participate (Form A-87).

The Board noted that an applicant cannot unilaterally relieve a responding party from the mandatory filing requirements and fees under the Rules.

To avoid default proceedings while accommodating the parties' agreement, the Board directed the applicant to withdraw its request for a default proceeding, giving the applicant until March 6, 2000, to clarify its position.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada v. Honeywell Limited, 2000 CanLII 13093

M. A. Nairn

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMar 3, 2000

Matters withdrawn with leave of the Board at the applicant's request.

The applicant requested to withdraw the matters.

The Ontario Labour Relations Board granted the request and the matters were withdrawn with leave of the Board.

Iron Workers District Council of Ontario v. Eram Steel Contracting Inc., 2000 CanLII 9544

M. A. Nairn

J. G. Knight

A. Haward

Default judgment granted against employer for unpaid benefit contributions and union dues.

The applicant union referred a construction industry grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer 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 declared the employer bound by the collective agreement, found it in violation, and ordered it to pay $34,436.97 in damages and $214.00 in costs.

The Ontario Council of The International Union of Painters and Allied Trades (formerly known as The International Brotherhood of Painters and Allied Trades), Local Union 1671 v. Lakeland Industrial Cleaning Ltd., 2000 CanLII 10483

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

G. McMenemy

Application adjourned sine die on consent of the parties.

The parties 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 request to proceed is made.

Labourers’ International Union of North America, Local 1059 v. Clifford Masonry Limited, 2000 CanLII 6934

J. G. Knight

David A. McKee

OLRB0 cases1999–2001

A. Haward

Extension of time granted for submissions on document production; responding parties warned of adverse inferences for non-compliance.

The applicant sought an extension of time to file submissions regarding the adequacy of documents produced by one of the responding parties.

The Board granted the extension.

The Board noted a total failure to produce documents by the other two responding parties but declined to initiate contempt proceedings or strike pleadings at this time.

However, the Board warned that continued failure to comply with the production order would likely result in the exclusion of unproduced documents and adverse inferences being drawn.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Big “B” Steel Erectors Inc., 2000 CanLII 12330

M. A. Nairn

J. G. Knight

G. McMenemy

In Private Practice1 case2000–2000

Request for default judgment on a construction industry grievance denied; matter to proceed to hearing.

The applicant union referred a construction industry grievance to the Board and requested a default judgment because the responding party failed to file a Request for Hearing and Notice of Intent to Defend.

The Board reviewed the file and declined to issue a default judgment based on the materials filed.

The matter was ordered to proceed to a hearing as scheduled.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Urban Mechanical Contracting Ltd., 2000 CanLII 12502

Rob Bolan

1 case2000–2000

Maurizio Vani

Alexander Ahee

2 cases1985–2000

John Morgan Lewis

OLRB0 cases1999–2001

J. G. Knight

G. McMenemy

Grievance referral granted on consent; employer ordered to pay $7,000 for collective agreement violations.

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

Upon hearing submissions and on the agreement of the parties, the Board declared that the responding party was bound to the collective agreement and had violated its terms.

The Board ordered the responding party to pay $7,000 to the applicant in two installments.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union 67 v. Trafalgar Mechanical Inc., 2000 CanLII 12294

M. A. Nairn

J. G. Knight

G. McMenemy

Request for default judgment in construction industry grievance denied; matter to proceed to hearing.

The applicant union referred a construction industry grievance to the 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, prompting the applicant to request a default judgment.

The Board reviewed the file and declined to issue the requested default judgment based on the material filed.

The matter was ordered to proceed to the scheduled hearing.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Urban Mechanical Contracting Ltd., 2000 CanLII 12501

M. A. Nairn

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMar 1, 2000

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 1059 v. Aluma-Systems Canada Inc., 2000 CanLII 2931

M. A. Nairn

J. G. Knight

A. Haward

OLRBOntario Labour Relations BoardMar 1, 2000

Union certified as bargaining agent for electricians following successful representation vote.

The applicant trade union applied for certification as the bargaining agent for electricians and electricians' apprentices employed by the responding party.

Following a representation vote where more than 50 per cent 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 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.

International Brotherhood of Electrical Workers, Local 353 v. Electrical Communications Industries Inc., 2000 CanLII 12116

M. A. Nairn

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardFeb 28, 2000

Board orders pre-hearing production of specific employment records and defers remedial amendment request to hearing panel.

The applicant union sought to amend its remedial request to include a further representation vote under section 11 of the Labour Relations Act, 1995, and requested pre-hearing production of certain employment records.

The responding party opposed both requests.

The Board deferred the amendment request to the hearing panel, noting it did not add new factual material.

The Board ordered the responding party to produce employment records, including time sheets, for specific employees relevant to the proceedings for the period of August 1 to October 31, 1999.

Labourers’ International Union of North America, Local 527 v. 1248833 Ontario Inc., 2000 CanLII 12587

John Morgan Lewis

OLRB0 cases1999–2001

J. G. Knight

OLRBOntario Labour Relations BoardFeb 25, 2000

Application withdrawn at the request of the applicant.

The applicant requested to withdraw its application.

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

The International Brotherhood of Painting and Allied Trades and the Ontario Council of the International Brotherhood of Painters and Allied Trades, Local 1671 v. Lakeland Industrial Cleaning Ltd., and Ceda-Reactor Ltd., 2000 CanLII 2181

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy