J. G. Knight

David A. McKee

A. Haward

Application adjourned sine die for up to one year at the applicant's request.

The applicant requested an adjournment of the application sine die.

The responding party did not appear.

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

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Unique Mechanical Inc., 2000 CanLII 9241

J. G. Knight

David A. McKee

A. Haward

Adjournment sine die granted for up to one year following non-appearance by the responding party.

The applicant union requested an adjournment sine die of its application.

The responding party did not appear.

The Ontario Labour Relations Board granted the adjournment for a period not exceeding one year, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Bennett & Wright Group Inc., 2000 CanLII 9502

J. G. Knight

David A. McKee

A. Haward

Application adjourned sine die for up to one year.

The applicant requested an adjournment sine die of the application.

The responding party did not appear.

The Board granted the adjournment for a period not exceeding one year, after which the application will be deemed terminated if no party requests to proceed.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Michael F. Astbury and Uwe R. Bligenthal c.o.b. as Goldfish Plumbing, 2000 CanLII 7749

J. G. Knight

David A. McKee

A. Haward

Application withdrawn at the request of the applicant.

The applicant requested that its application be withdrawn.

The Ontario Labour Relations Board granted the request and ordered the application withdrawn.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada, Local 71 v. Black & McDonald Limited, 2000 CanLII 5342

M. A. Nairn

OLRB0 cases1989–2001

J. G. Knight

G. McMenemy

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Lakehead Association for Community Living v. Ontario Public Service Employees Union, 2000 CanLII 3199

J. G. Knight

David A. McKee

A. Haward

Grievance referral adjourned sine die for up to one year on consent.

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

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application would be deemed terminated if neither party requested to proceed.

International Brotherhood of Painters and Allied Trades, District Council 46 v. Arranwood Painting & Decorating, 2000 CanLII 13574

L. Arnold

6 cases1981–2000

D. McBride

3 cases2000–2000

J. G. Knight

David A. McKee

A. Haward

Employer ordered to pay $3,751.85 in damages for late remittance of union benefit contributions.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit employee deductions and employer contributions to the union's benefit trust funds in a timely manner.

The responding party failed to file a notice of intent to defend and did not appear at the hearing.

The Board deemed the applicant's facts as true and found the responding party bound by the Provincial Collective Agreement.

The Board concluded the employer breached the agreement by making late payments and ordered the responding party to pay $3,751.85 in damages.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. S. Breda Plumbing Ltd., 2000 CanLII 11908

L. Arnold

6 cases1981–2000

D. McBride

3 cases2000–2000

J. G. Knight

David A. McKee

A. Haward

Employer ordered to pay $3,113.58 in damages for late remittance of union benefit trust funds.

The responding party did not file a notice of intent to defend and did not appear at the hearing.

The Board deemed the facts asserted in the application as true, found the employer bound by the collective agreement, and ordered the employer to pay $3,113.58 in damages for late remittances.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Marli Mechanical Limited, 2000 CanLII 11910

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardDec 22, 1999

Christopher J. Albertyn

OLRB0 cases1998–2025

Board grants reconsideration to hear legal costs issue de novo with Employer Bargaining Agency participation.

The applicant union requested reconsideration of an earlier Board decision that found it was not entitled to legal costs under the provincial collective agreement in a grievance concerning the hiring of non-union workers.

The earlier hearing proceeded without the participation of the responding employer or the Carpenters' Employer Bargaining Agency.

Recognizing the industry-wide significance of the issue and the benefit of full participation, the Board granted the reconsideration, set aside its earlier decision, and directed that the matter be heard de novo by a different panel with the Employer Bargaining Agency joined as an intervenor.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. P. A. Richens, 1999 CanLII 20198

Richard J. Drmaj

2 cases1999–2001

Norman L. Jesin

14 cases1983–2003

A. M. Minsky

94 cases1980–2001

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardDec 1, 1999

Board directed disputed construction work be assigned to a composite crew of carpenters and labourers.

The Labourers' International Union of North America, Local 1089 and the United Brotherhood of Carpenters and Joiners of America, Local 1256 disputed the assignment of work involving the installation of a new base and foundation walls at existing storage tanks at an oil refinery.

The Ontario Labour Relations Board held a consultation to resolve the jurisdictional dispute.

The Board directed that the disputed work be assigned to a composite crew comprising equal numbers of members from both unions.

Following this decision, the Labourers' union withdrew its related grievance referral.

Labourers' International Union of North America, Local 1089 v. Doug Chalmers Construction Limited, 1999 CanLII 20191

Melissa Kronick

19 cases1994–2014

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 14, 1999

Christopher J. Albertyn

OLRB0 cases1998–2025

Union's claim for costs under collective agreement dismissed as grievance did not concern unpaid wages.

The applicant union sought its reasonably incurred costs of $2,014 following a default judgment against the responding party for violating the collective agreement by performing work with non-union members.

The union relied on Article 9.18 of the collective agreement, which mandates costs for grievances alleging a failure to pay wages or make trust fund payments.

The Ontario Labour Relations Board dismissed the costs claim, finding that Article 9.18 was designed for the specific purpose of addressing unpaid wages or trust fund contributions, not for grievances concerning the failure to use the union's hiring hall.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. P. A. Richens, 1999 CanLII 20162

Melissa Kronick

19 cases1994–2014

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 14, 1999

Christopher J. Albertyn

OLRB0 cases1998–2025

Union's claim for costs under collective agreement dismissed as grievance concerned hiring hall violations, not unpaid wages.

The applicant union sought its reasonably incurred costs of $2,014 following a default judgment against the responding party for violating the collective agreement by failing to use the union's hiring hall.

The union relied on Article 9.18 of the collective agreement, which provides for costs in grievances alleging a failure to pay wages or make trust fund payments.

The Board dismissed the costs claim, finding that Article 9.18 was designed for the specific purpose of addressing unpaid wages and trust fund contributions, not hiring hall violations.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. P. A. Richens, 1999 CanLII 19490

J. G. Knight

G. McMenemy

David A. McKee

OLRBOntario Labour Relations BoardAug 24, 1999

Employer found liable for collective agreement breaches after failing to respond to grievance referral.

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

The responding party employer failed to file a response or a Request for Hearing and Notice of Intent to Participate.

Pursuant to the Board's Rules of Procedure, the Board deemed the facts in the application to be true and found the employer liable for breaching the collective agreement by hiring non-union employees and failing to pay required wages and benefits.

The Board ordered immediate compliance and scheduled a hearing to assess damages.

Labourers' International Union of North America, Local 527 v. Coretech Construction Services, 1999 CanLII 20131

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardAug 5, 1999

Construction of a golf course falls within the ICI sector based on its commercial end-use.

The union referred a grievance to the Ontario Labour Relations Board regarding earth moving work performed by the responding party for the construction of a golf course.

The central issue was whether the work fell within the industrial, commercial, and institutional (ICI) sector or the roads sector.

The Board applied its established end-use test, concluding that a golf course is a commercial enterprise and therefore the work falls into the ICI sector.

The Board also dismissed the responding party's argument that an oral hearing was required, finding that Rule 110 permitted a decision based on written submissions.

International Union of Operating Engineers, Local 793 v. H. Kerr Construction Ltd., 1999 CanLII 20129

Mark Lewis

17 cases1991–2014

Brian D. Mulroney

20 cases1995–2017

M. A. Nairn

OLRB0 cases1989–2001

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardJul 12, 1999

Related employer application dismissed because the union abandoned its bargaining rights through prolonged inactivity.

The applicant union brought an application under sections 69 and 1(4) of the Labour Relations Act, 1995, seeking a declaration that Gibraltor Building Corp. Ltd. and a numbered company were a single employer.

While the Board found that the entities were under common control and carried on related activities in the residential construction industry, it dismissed the application.

The Board concluded that the union had abandoned its bargaining rights with Gibraltor by failing to assert them or contact the employer over a period of several years during which the collective agreement automatically renewed, despite having reason to believe the employer was active.

Labourers' International Union of North America, Local 183 v. Gibraltor Building Corp. Ltd., 1999 CanLII 20137

Gil Scott

4 cases1993–1999

G. F. Luborsky

10 cases1983–1999

David McKee

85 cases1980–2000

C. M. Mitchell

38 cases1980–1999

B. Suppa

5 cases1988–1999

B. E. Forrester

1 case1999–1999

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardMar 15, 1999

Board assigns scaffolding tending work to Labourers based on established area practice.

The applicant Carpenters union filed a jurisdictional dispute complaint regarding the assignment of tending work for scaffolding erection at a restoration project.

The employer, Aluma, had assigned the work of providing scaffolding materials to its carpenter employees to an apprentice carpenter.

The Labourers union claimed the work.

The Board considered area practice, employer preference, and other factors.

Finding that the area practice in Board Area 21 strongly favoured assigning tending work to labourers, the Board declared that the tending work (excluding unloading and initial placement) should have been assigned to a member of the Labourers.

United Brotherhood of Carpenters and Joiners of America, Local 446 v. Labourers' International Union of North America, Local 1036, 1999 CanLII 19996

Mary Ellen Cummings

OLRB0 cases1991–2009

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMar 1, 1999

Preparatory earth-moving work for a commercial golf course falls within the statutory definition of the construction industry.

The applicant union referred a grievance concerning work performed by the responding party on a site intended for a golf course.

The responding party argued the work—topsoil stripping, stockpiling, and pond excavation—did not fall within the definition of 'construction industry' under the Labour Relations Act, 1995.

The Board applied the framework from Mannix Co. Ltd., considering the nature of the work, the equipment used, and the employer's business, and concluded the work was within the construction industry.

The Board directed the responding party to file submissions establishing a prima facie case that the work is not in the ICI sector before scheduling an oral hearing.

International Union of Operating Engineers, Local 793 v. H. Kerr Construction Ltd., 1999 CanLII 19991

Gary Caroline

26 cases1988–2012

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

OLRBOntario Labour Relations BoardNov 25, 1998

Employer ordered to deposit $20,000 bond due to frequent delinquency in benefit fund remittances.

The applicant union referred two grievances to the Board under section 133 of the Labour Relations Act, 1995, seeking an order that the responding party employer deposit a $20,000 bond pursuant to the collective agreement due to frequent delinquency in benefit fund remittances.

The first grievance was settled.

On the second grievance, the Board found that the employer had been frequently delinquent and that the trustees had properly exercised their discretion to require the bond.

The Board ordered the employer to deposit the $20,000 bond and pay $2,500 in costs.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Calorific Construction Ltd., 1998 CanLII 18270

Joseph Liberman

Suspended Administratively53 cases1980–2001

James Fyshe

32 cases1981–2011

Erin R. Kuzz

17 cases1998–2023

Bruce Sevigny

10 cases1993–2001

J. G. Knight

G. T. Surdykowski

OLRB0 cases1986–1999

G. McMenemy