J. G. Knight

G. T. Surdykowski

OLRB0 cases1986–1999

G. McMenemy

OLRBOntario Labour Relations BoardSep 1, 1998

Request for reconsideration of jurisdictional dispute decision dismissed as no obvious error was shown.

The Labourers' International Union of North America, Local 1089 requested reconsideration of a July 2, 1998 Board decision concerning a jurisdictional dispute over scaffolding tending work.

The union argued the decision was patently unreasonable and departed from previous Board decisions without proper basis.

The Board dismissed the request, noting that reconsideration is not an appeal process and the union failed to establish any obvious error or new evidence.

The Board emphasized it is not bound by stare decisis and was justified in taking a fresh look at the dispute given the parties' agreement that previous resolutions were unworkable.

United Brotherhood of Carpenters and Joiners of America, Local 1256 v. Doug Chalmers Construction Limited, 1998 CanLII 18390

Nick Vatalaro

Mark Lewis

17 cases1991–2014

Janusz Argasinski

Frank D'Abbondanza

5 cases1990–2001

Clifford J. Hart

14 cases1992–2013

R. O. MacDowell

OLRB0 cases1980–2001

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardAug 31, 1998

Board exercises discretion under s. 133(4) to defer construction grievance to negotiated expedited arbitration process.

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

The responding unions argued that the Board should exercise its newly enacted discretion under section 133(4) to refuse the referral and defer to the expedited arbitration process established in the parties' collective agreement.

The Board agreed with the unions, finding that the negotiated enforcement mechanism was a comprehensive and effective system of self-regulation tailored to the construction industry.

The Board refused to accept the referral, allowing the matter to proceed to expedited arbitration.

Kennedy Masonry Company Limited v. Labourers' International Union of North America, Local 183, 1998 CanLII 18297

M. Bastos

Suspended Administratively53 cases1980–2001

Joseph Liberman

Jake Sudac

David McKee

85 cases1980–2000

Bob Yakiwchuk

A. M. Minsky

94 cases1980–2001

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardAug 11, 1998

D. L. Gee

OLRB0 cases1994–2001

Concrete formwork for airport glycol storage tanks falls within the sewer and watermain sector, not the ICI sector.

The Labourers' International Union of North America, Local 837 filed a jurisdictional dispute complaint regarding the assignment of concrete formwork for glycol storage tanks at the Hamilton International Airport.

The work had been assigned to the Labourers by Dufferin Construction Co. The Carpenters claimed the work fell within the industrial, commercial and institutional (ICI) sector.

The Board determined that the tanks merely held glycol for recycling and were not connected to any processing facility, making them part of the sewer and watermain sector rather than the ICI sector.

Consequently, the assignment of the work to the Labourers was upheld.

Labourers' International Union of North America, Local 837 v. Dufferin Construction Co., 1998 CanLII 18302

M. Patrick Moran

36 cases1982–2011

Laurence Arnold

4 cases1986–1998

Andrea Bowker

Practising Law - Employed70 cases1995–2026

J. G. Knight

Christopher J. Albertyn

OLRB0 cases1998–2025

A. Haward

OLRBOntario Labour Relations BoardJul 16, 1998

Grievance over work assignment adjourned sine die to allow resolution by the Canadian Plan.

The applicant union referred a grievance to the Board alleging that the employer violated the collective agreement by assigning certain engraving machine work to the intervenor union and by holding a mark-up meeting.

The employer and intervenor raised preliminary objections, arguing the grievance was untimely, was actually a jurisdictional dispute, and should be deferred to the Canadian Plan for the Settlement of Jurisdictional Disputes.

The Board struck out the portion of the grievance regarding the mark-up meeting as untimely, but found the work assignment portion was an ongoing grievance.

The Board concluded the substance of the grievance was a jurisdictional dispute and adjourned the application sine die to allow the matter to be resolved by the Plan, as a reference had already been made to it.

International Brotherhood of Electrical Workers, Local Union 1788 v. Ontario Hydro and Electrical Power Systems Construction Association, 1998 CanLII 18314

N. L. Jesin

70 cases1987–2001

G.E Luborsky

A.M. Minsky

11 cases1980–2008

J. G. Knight

G. T. Surdykowski

OLRB0 cases1986–1999

G. McMenemy