J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardAug 31, 2001

Application withdrawn with leave of the Board.

The applicant, National Elevator and Escalator Association, sought to withdraw its application against the International Union of Elevator Constructors and its Locals 50, 90 & 96.

The Ontario Labour Relations Board granted leave to withdraw the application.

National Elevator and Escalator Association v. International Union of Elevator Constructors, 2001 CanLII 19626

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardAug 31, 2001

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application against the responding party employer.

The Ontario Labour Relations Board granted leave to withdraw the application.

Canadian Union of Skilled Workers v. Ontario Power Generation Inc., 2001 CanLII 13089

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardAug 29, 2001

Certificates issued to trade union following successful representation vote.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the applicant trade union, the Ontario Labour Relations Board issued certificates to the applicant.

The certificates cover journeymen and apprentice electricians in the employ of the responding party in the industrial, commercial and institutional sector across Ontario, and in all other sectors in specified geographic areas.

International Brotherhood of Electrical Workers, Local 353 v. Lancor Electric (1996) Ltd., 2001 CanLII 18581

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

Representation vote ordered and ballot box sealed in construction industry certification application.

The applicant trade union filed an application for certification in the construction industry.

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the proposed bargaining unit could be appropriate but noted that the applicant's membership evidence might represent less than 40 per cent of the individuals in the unit.

Consequently, the Board ordered a representation vote and directed that the ballot box be sealed until further order.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Promark Aluminum Ltd., 2001 CanLII 11469

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

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

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 within the stipulated time, but requested a delay because its representative was out of town.

The Board found no basis to delay the vote.

Finding that not less than forty percent of the individuals in the proposed bargaining unit appeared to be members of the applicant, the Board directed that a representation vote be taken.

Labourers’ International Union of North America v. Wittmer Construction Services Ltd., 2001 CanLII 5880

J. G. Knight

Inge M. Stamp

G. McMenemy

Employer ordered to post bond and pay costs after failing to respond to grievance referral.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding employer failed to post a required bond after repeated late payments of contributions.

The responding party failed to file a response or notice of intent to defend.

The Board deemed the facts in the application accepted, found the employer violated the collective agreement, and ordered the employer to post a bond of $16,280.35 and pay costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Losereit Limited, 2001 CanLII 20138

Steve Zarich

2 cases2001–2001

John Moszynski

71 cases1986–2017

Jay Rider

8 cases1999–2001

Douglas J. Wray

69 cases1980–2001

Laura Trachuk

J. G. Knight

G. McMenemy

Board granted applicant's request to adjourn the matter sine die for up to one year.

The applicant requested an adjournment sine die for a period not exceeding one year.

The Board granted the request, noting that the matter would be deemed terminated without further notice if neither party requested to proceed within that time.

The panel remained seized of the matter and offered continued mediation assistance.

Labourers’ International Union of North America, Local 506 v. Metro Concrete Floors (1990) Inc., 2001 CanLII 7207

J. G. Knight

Harry Freedman

OLRB0 cases1984–2001

G. McMenemy

Reconsideration requests by two unions dismissed for failure to file timely challenges; further submissions directed for others.

The Board previously amended a proposed project agreement.

The proponent and several unions sought reconsideration.

Local 539 alleged the Board used incorrect wage rates in its calculations.

The Board directed Local 539 to provide correct figures and calculations if it wished to pursue the matter.

Locals 663 and 1592 requested the amendment apply to their members, but the Board dismissed their requests because they failed to file timely challenges or notices of disapproval.

The Board directed the applicant to respond to the proponent's timely reconsideration request.

International Brotherhood of Electrical Workers, Local 530 v. Sarnia Construction Association, 2001 CanLII 6985

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardAug 27, 2001

Application adjourned sine die on consent of the parties.

The applicant union brought an application before the Ontario Labour Relations Board.

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it would be deemed terminated if no party requested to proceed.

Allied Construction Employees, Local 1030 United Brotherhood of Carpenters and Joiners of America v. Neway Construction Ltd., 2001 CanLII 14856

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardAug 24, 2001

Board directs representation vote in construction industry certification application and orders ballot box sealed.

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

The responding party disputed the applicant's estimate of the number of employees in the bargaining unit and gave notice under section 8.1 of the Act.

The intervenor claimed to represent affected employees but failed to provide a copy of its collective agreement.

Finding that the applicant appeared to have the requisite 40 percent membership support, the Board defined the appropriate bargaining unit and directed that a representation vote be held, with the ballot box to be sealed pending resolution of the disputes.

Labourers’ International Union of North America v. Marciano Doors & Trim Co. Ltd., 2001 CanLII 11296

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardAug 24, 2001

Default judgment issued against employer for unpaid benefit contributions and union dues under collective agreement.

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 remit benefit contributions, pay vacation pay, and hire through the union office.

The responding party failed to file a response or notice of intent to defend.

Pursuant to the Board's Rules of Procedure, the Board deemed the facts in the application accepted and issued a default decision.

The Board declared the employer bound by the collective agreement, found it in violation, and ordered it to pay $6,368.69 in damages plus $214.00 in costs.

The Ontario Council of the International Union of Painters and Allied Trades, (Local Union 200) v. Vision 2000 Division of 2786630 Canada Inc., 2001 CanLII 18686

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardAug 24, 2001

Time for filing a response to related employer/sale of business application extended.

The responding party requested an extension of time to file a response to an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The Ontario Labour Relations Board granted the request, extending the time for filing a response to September 4, 2001.

International Brotherhood of Electrical Workers, Local 1687 v. Kvaerner Cementation Division, Kvaerner Canada Inc., Kvaerner Constructors Ltd. and Cementation Skanska Canada Inc., 2001 CanLII 14062

J. G. Knight

G. McMenemy

D. L. Gee

Grievance referral adjourned sine die on consent of the parties.

The applicant union referred a grievance to the Ontario Labour Relations Board.

On the agreement of the parties, 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 request to proceed is made.

United Brotherhood of Carpenters and Joiners of America, Local 2041 v. C. Giamberardino Contracting Inc., 2001 CanLII 3053

J. G. Knight

Inge M. Stamp

G. McMenemy

Employer ordered to pay over $29,000 in damages for unpaid wages and benefits in default grievance decision.

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 proper wages, benefits, and union dues pursuant to the provincial collective agreement.

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, cancelled the scheduled hearing, and ordered the employer to pay $29,587.81 in damages and $214.00 in costs.

The Ontario Council of the International Union of Painters and Allied Trades, (Local Union 200) v. Ener Glass Construction Inc., 2001 CanLII 16500

J. G. Knight

G. McMenemy

D. L. Gee

Application withdrawn with leave of the Board.

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

The Board granted leave and the application was withdrawn.

Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America v. Adlers Main Tile and Concrete Co. Ltd., 2001 CanLII 8135

J. G. Knight

Inge M. Stamp

G. McMenemy

Employer ordered to pay over $25,000 in unpaid union dues and benefit contributions in default proceeding.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit union dues and benefit 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 responding party bound by the provincial collective agreement and ordered it to pay $25,483.58 in damages and $214.00 in costs.

The International Union of Painters and Allied Trades, (Local Union 1494/1590) v. City Acoustics Ltd., 2001 CanLII 2849

J. G. Knight

G. McMenemy

D. L. Gee

Grievance referral adjourned sine die on consent of the parties.

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 matter will be deemed terminated if neither party requests to proceed.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787 v. Black & McDonald Limited, 2001 CanLII 3753

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardAug 21, 2001

Board orders representation vote in construction industry certification application after finding requisite membership support.

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 its response within the stipulated time.

The Board found that the applicant is a trade union and that it appeared to have the requisite membership support of at least forty percent in the proposed bargaining unit.

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

Labourers’ International Union of North America v. Colangelo Carpentry Co. Ltd., 2001 CanLII 4471

J. G. Knight

Inge M. Stamp

G. McMenemy