John Morgan Lewis

Application for review deemed incomplete due to dishonoured cheque; applicant granted time to cure defect.

The applicant filed an application for review of an Order to Pay under the Employment Standards Act, but the cheque submitted for the required monies was dishonoured.

The Board ruled that the application was incomplete and directed the applicant to deliver a certified cheque and a request for an extension of time by January 21, 2001, failing which the matter would be terminated.

Millenium Paper Converters Inc. v. Ministry of Labour, 2000 CanLII 9056

John Morgan Lewis

Board Officer appointed to assist parties in resolving bargaining rights dispute following municipal amalgamation.

The applicants filed an application under the Public Sector Labour Relations Transition Act, 1997 respecting the bargaining rights of CUPE Local 2311-02 following a municipal amalgamation.

The Ontario Labour Relations Board directed the employer to provide notice to other potentially affected bargaining agents.

To facilitate an economical and expeditious resolution, the Board appointed a Board Officer to meet with the parties and attempt to settle the matters in dispute.

The Corporation of the Township of Edwardsburgh v. Canadian Union of Public Employees (CUPE) Local 2311-02, 2000 CanLII 8744

John Morgan Lewis

Application to suspend inspector's machine guarding order pending appeal dismissed due to worker safety risks.

The applicant employer sought to suspend an inspector's order requiring guards to be placed on screw conveyor units at its smelter, pending an appeal of the order.

The Board applied the three-part test for suspending an order and found that suspending the order would impact worker safety, given the inherently dangerous nature of the moving machinery.

The Board also found that the employer's unsubstantiated concerns about cost and downtime did not outweigh safety concerns, and the employer had not demonstrated a strong prima facie case for a successful appeal.

The application for suspension was dismissed.

Inco Limited v. United Steelworkers of America, 2000 CanLII 8469

John Morgan Lewis

Employment standards appeal terminated for failure to file the required application form.

The applicant purported to apply for a review under the Employment Standards Act by correspondence.

The Board advised the applicant that the appeal must be filed on Form A-69 and provided a deadline.

The materials were returned marked that the applicant was no longer in business.

As no properly completed form was received, the Board terminated the proceeding.

1073759 Ontario Inc. o/a Gilroy Electric Motors v. Ministry of Labour, 2000 CanLII 8085

John Morgan Lewis

Suspended Administratively15 cases1993–2001

Uncontested application to suspend Ministry of Labour orders pending appeal granted.

The applicant employer sought the suspension of Ministry of Labour orders regarding live line clearance work, pending an appeal.

The applicant asserted that the Ministry had agreed to withdraw the orders but failed to do so.

The Ministry did not file a response to the suspension request.

Applying the three-factor test for suspending orders, the Board accepted the uncontested facts and granted the suspension pending the disposition of the appeal.

Guardian Tree Service Inc. v. Ministry of Labour, 2000 CanLII 6735

Grievance upheld and employee reinstated as employer failed to prove alcohol consumption on the job.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, alleging that the responding party employer discharged an employee without just cause.

The employer claimed the employee was terminated for drinking on the job.

The Board issued a bottom-line decision, finding that the employer failed to establish on a balance of probabilities that the employee consumed alcohol on the job site.

The grievance was upheld, and the employer was directed to reinstate the employee forthwith, with reasons to follow.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Walter & SCI Construction, 2000 CanLII 6622

Daniel Randazzo

John Morgan Lewis

Consent order issued declaring employers bound by collective agreement and ordering $178,974.25 in damages.

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

Prior to the hearing, the parties entered into a Memorandum of Agreement requesting a consent order.

The Board issued the consent order, declaring the responding employers bound by the collective agreement and ordering them to pay $178,974.25 in damages for violating the agreement.

Labourers’ International Union of North America, Local 837 v. OBN Company, 2000 CanLII 6487

John Morgan Lewis

Application to suspend inspector's order requiring guarding of fan drive shafts dismissed due to safety risks.

The applicant employer sought to suspend an inspector's order requiring it to guard the exposed drive shafts of exhaust fans at its smelter, pending an appeal of the order.

The Board applied the three-part test for suspending an order and found that the suspension would impact worker safety, as the fans remained inherently dangerous despite modifications.

The Board also found that the applicant's unsubstantiated concerns about cost and downtime did not outweigh safety concerns, and that the applicant had not demonstrated a strong prima facie case for a successful appeal.

The application for suspension was dismissed.

Inco Limited v. United Steelworkers of America, 2000 CanLII 6016

John Morgan Lewis

Extension of time to file response granted.

The responding parties requested an extension of time to file their response.

The Ontario Labour Relations Board granted the extension to January 12, 2001.

Construction Workers Local 53 v. Grossi Construction, 2000 CanLII 1914

G. Eldon Horner

4 cases2000–2019

John Morgan Lewis

Application for review of Order to Pay terminated following settlement between employer and employee's bankruptcy trustee.

The applicant employer sought review of an Order to Pay issued by an Employment Standards Officer.

Prior to the hearing, the employer and the Trustee in Bankruptcy for the employee reached a settlement for $1,419.35.

The Board ordered the Director to disburse the trust funds in accordance with the settlement, subject to any objection from the Ministry of Labour, and terminated the application.

McIntosh Country Inn Inc. v. Doug Hart and Ministry of Labour, 2000 CanLII 10385

John Morgan Lewis

Application for review of Order to Pay terminated for failure to pay required funds into trust.

The applicant sought a review of an Order to Pay under the Employment Standards Act.

The Ontario Labour Relations Board terminated the application because the applicant failed to pay the required funds in trust in accordance with section 68 of the Act.

Onsight Renovations v. Ben Marchand and Ministry of Labour, 2000 CanLII 9010

John Morgan Lewis

Application for review adjourned sine die following parties' execution of Minutes of Settlement.

The applicant sought a review of a refusal to issue an order to pay under the Employment Standards Act.

The parties entered into Minutes of Settlement, agreeing that the employer would pay the applicant $1,120.00.

The Board adjourned the application sine die for 30 days, noting that the settlement is binding and a remedy is available if a party fails to comply.

Gary Wiley v. Pinnacle Mold Inc. and Ministry of Labour, 2000 CanLII 8410

John Morgan Lewis

Application withdrawn with leave of the Board.

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

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

Canadian Union of Public Employees and its Local 767 v. Ontario Housing Corporation and the Metropolitan Toronto Housing Authority, 2000 CanLII 3323

John Morgan Lewis

Board orders responding party to produce financial records and sets hearing date for damages assessment.

The applicant union referred a grievance to the Board.

The responding party failed to participate, and the Board previously found it bound by the collective agreement and in violation of it, remaining seized on damages.

The applicant requested a hearing date for damages and an order for production of documents, as the responding party had not complied with a previous direction.

The Board ordered the responding party to produce the requested financial and payroll records and set the matter down for a hearing.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. 1196683 Ontario Ltd. o/a Raicon Forming, 2000 CanLII 1755

John Morgan Lewis

Application adjourned sine die on consent of the parties.

The applicant requested an adjournment sine die of the application.

Having regard to the agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year.

Local 707 C.A.W. v. Ford of Canada, 2000 CanLII 1402

John Morgan Lewis

Application for review adjourned sine die following parties' execution of Minutes of Settlement.

The applicant sought a review of a refusal to issue an order to pay under the Employment Standards Act.

The parties entered into Minutes of Settlement, agreeing that the employer would pay the applicant $1,000.

Based on the settlement, the Board adjourned the application sine die for 30 days, after which it would be deemed terminated if no further request was made.

Brian Peeters v. Pinnacle Mold Inc. and Ministry of Labour, 2000 CanLII 10773

John Morgan Lewis

Time limits for filing materials extended on consent due to illness.

The applicant applied under the Public Sector Labour Relations Transition Act, 1997.

Due to illness, the parties were unable to meet the Board's previous deadlines for delivering and filing materials.

On consent of the parties, the Board extended the time limits for the applicant to December 22, 2000, and for the responding parties to January 8, 2001.

Ontario Public Service Employees Union v. St. Joseph’s Hospital, 2000 CanLII 9853

John Morgan Lewis

Board issues procedural directions and appoints officer in hospital restructuring bargaining rights application.

The applicant union filed an application under the Public Sector Labour Relations Transition Act, 1997 respecting bargaining rights for employees of the responding hospital system following restructuring.

The Ontario Labour Relations Board issued procedural directions, requiring the employer to provide notice to other affected bargaining agents and to post the decision in the workplace.

The Board also appointed a Board Officer to meet with the parties to attempt to resolve the matters in dispute.

Ontario Nurses’ Association v. Niagara Health System, 2000 CanLII 9762

John Morgan Lewis

Application withdrawn with leave of the Board on agreement of the parties.

The applicant sought to withdraw the application.

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

Jeff Novosel v. National Steel Car Limited, 2000 CanLII 6047

John Morgan Lewis

Employment and Labour Law

Application for review terminated following parties' execution of Minutes of Settlement.

The applicant sought a review of a refusal to issue an order to pay under the Employment Standards Act.

The parties subsequently entered into Minutes of Settlement with the assistance of a Labour Relations Officer, agreeing to a payment of $2,400.

As the settlement resolved all issues in dispute, the Board terminated the application pursuant to section 69.1(5) of the Act.

Katka Sroka v. Edgewater Manor and Ministry of Labour, 2000 CanLII 1744

appearing on his own behalf

Gerald HooeySelf-represented
1 appearance

for 1078266 Ontario Ltd. c.o.b. as Jo Jo Trucking

Patrick F. MilloyCounsel
1 appearance
Joe FranciscoAgent
1 appearance

for B.G. Schickedanz Homes Inc. and Deerfield-Schickedanz and Kansun Homes Limited and My Building Corporation

J. PostnikoffCounsel
1 appearance

for Black & MacDonald Limited

Michael CalettiAgent
1 appearance
Mike SharpAgent
1 appearance
Daniel BrennanAgent
1 appearance
Michael S. RuddyCounsel
1 appearance

for Cannington Excavating 1989 Ltd.

Kelli BakerAgent
1 appearance

for Cobra

Dario ValenteAgent
1 appearance
Vince SciannellaAgent
1 appearance

for Dibblee Paving and Materials Ltd.

Eric YonkeCounsel
1 appearance
Michael S. RuddyCounsel
1 appearance
John WrayCounsel
1 appearance

for Don Park Inc.

Scott WilliamsCounsel
1 appearance
Jack Van BeurdenCounsel
1 appearance

for Electrical Power Systems Construction Association

Pat MoranCounsel
1 appearance
Rick CurrieAgent
1 appearance

for Ellis-Don Construction Ltd.

Peter HubrechtAgent
1 appearance

for EPSCA

Rick CurrieCounsel
2 appearances
M. Patrick MoranCounsel
1 appearance

for Frank Pietrangelo c.o.b. as Nu Trend Drywall

Frank PietrangeloSelf-represented
1 appearance

for herself

Michelle BurkeSelf-represented
1 appearance

for himself

Samuel JonasSelf-represented
1 appearance
David (Mohamed) AkhlaghiSelf-represented
1 appearance

for IBEW Local 120

John J. O’BrienUnion representative
1 appearance

for IBEW Local 353

Mike OramUnion representative
1 appearance
Richard BlairCounsel
1 appearance

for International Union of Operating Engineers, Local 793

André ChénierUnion representative
1 appearance
Rick KerrUnion representative
1 appearance

for IUOE Local 793

Ben BarnesCounsel
1 appearance
Monti RoseCounsel
1 appearance
Robert GibsonCounsel
1 appearance

for Jack Bird Plumbing & Heating Ltd.

J. Paul WearingCounsel
1 appearance

for Ken Fields

David DeluzioCounsel
1 appearance
Ken FieldsSelf-represented
1 appearance

for Labourers

John MoszynskiCounsel
2 appearances
Victor ClaroCounsel
1 appearance

for Labourers’ International Union of North America, Local 183

S. WahlCounsel
1 appearance

for Labourers’ International Union of North America, Local 247 and Local 506

John MoszynskiCounsel
1 appearance

for Labourers’ International Union of North America, Local 527

Luigi CarrozziUnion representative
1 appearance
Daniel RandazzoCounsel
1 appearance
Bernardino CarrozziUnion representative
1 appearance

for LIUNA 1059

Manuel S. ReisUnion representative
1 appearance

for LIUNA, Local 183

Nicholas KeresztesiCounsel
1 appearance

for LIUNA Local 506

Armando CamaraUnion representative
1 appearance
John MoszynskiCounsel
1 appearance

for Ministry of Correctional Services

Robert LundyAgent
1 appearance

for National Capital Road Builders Association

Wally LangleyCounsel
1 appearance
Kathleen GrimesCounsel
1 appearance

for Ontario Sheet Metal Workers’ and Roofers’ Conference and Sheet Metal Workers’ International Association, Local 269

Jerry RasoCounsel
1 appearance
Steve ConkrightUnion representative
1 appearance

for OPSEU

Robert DeMatteoUnion representative
1 appearance

for Priestly Demolition

Robert N. SingerCounsel
1 appearance

for Priestly Demolition Inc.

Robert N. SingerCounsel
2 appearances

for Rockwell Automation Canada Inc.

John PickthorneAgent
1 appearance
M. D. ContiniCounsel
1 appearance
Rick BaldwinAgent
1 appearance

for Sheet Metal Workers’ International Association Local Union 285

Bernard FishbeinCounsel
1 appearance
Louie PetriccaCounsel
1 appearance

for T. A. Andre & Sons (Ontario) Ltd.

Rod PollockCounsel
1 appearance

for T.A. Andre & Sons (Ontario) Ltd.

Rod PollockCounsel
1 appearance

for Teamsters, Chauffeurs, Warehousemen and Helpers Union Local 880

Gary KitchenAgent
1 appearance
Don BilletteAgent
1 appearance
David WatsonCounsel
1 appearance

for Teamsters Local 230

J. RobbinsCounsel
1 appearance

for the applicant

M. O’BrienCounsel
4 appearances
Ursula BoylanCounsel
3 appearances
Michael O’BrienUnion representative
2 appearances
James FysheCounsel
1 appearance
Harold St. CroixCounsel
1 appearance
James McMahonAgent
1 appearance
Sime MitrevskiUnion representative
1 appearance
Alexander AheeCounsel
1 appearance
Gordon NyeCounsel
1 appearance
Dermot LynchUnion representative
1 appearance
Rocco DiGiovanniUnion representative
1 appearance
Jed HarrisonAgent
1 appearance
Joe ParisiAgent
1 appearance
Tommy LazicSelf-represented
1 appearance
Ameena SultanCounsel
1 appearance
Calvin BolgerUnion representative
1 appearance
M. O’BrienUnion representative
1 appearance
Edna LafleurAgent
1 appearance
Erin KuzzCounsel
1 appearance
John MontiAgent
1 appearance

for the Applicant

James Tod HuntSelf-represented
2 appearances
Dermot LynchUnion representative
1 appearance
Lister TennantUnion representative
1 appearance
James LeNouryCounsel
1 appearance
Chris BoschUnion representative
1 appearance
Abdalla Salem AbunourSelf-represented
1 appearance
Ian DeWaardUnion representative
1 appearance
B.B. NielsenUnion representative
1 appearance
Paul DalyUnion representative
1 appearance
Harold St. CroixAgent
1 appearance
Robert KucheranUnion representative
1 appearance
Faye KaroutasSelf-represented
1 appearance
Joe de WitUnion representative
1 appearance
Paul BarberSelf-represented
1 appearance
Walter TracognaUnion representative
1 appearance
Larry VenningUnion representative
1 appearance
Daniel RandazzoCounsel
1 appearance
A. Joseph RussoCounsel
1 appearance
Rose A. UsmanSelf-represented
1 appearance
Gerry MullenUnion representative
1 appearance

for the applicants

Steve CronkrightCounsel
1 appearance
J. RasoCounsel
1 appearance

for the Employee

Teresa D’AntonioSelf-represented
1 appearance
Mary DucaSelf-represented
1 appearance
Darrell PynnSelf-represented
1 appearance
Shakila HashorzadaSelf-represented
1 appearance
Teresa CaparrottaSelf-represented
1 appearance

for the employer

Susan NiczowskiAgent
1 appearance
Donald G. ChillmanCounsel
1 appearance
Susan UrselCounsel
1 appearance
Don ChillmanCounsel
1 appearance

for the Employer

Heather LarsenAgent
1 appearance
Sonja StevkovAgent
1 appearance
Menno DekleerSelf-represented
1 appearance
Juan GilSelf-represented
1 appearance
D. E. KingAgent
1 appearance

for the International Brotherhood of Electrical Workers, Local 586

Ken ScottUnion representative
1 appearance
John BourkeUnion representative
1 appearance
Robert MontiCounsel
1 appearance
James BarryUnion representative
1 appearance

for the intervenor

Al BudwayCounsel
1 appearance
Jerry RasoCounsel
1 appearance
Robert MacDougallCounsel
1 appearance
John CollinsCounsel
1 appearance

for the Ministry

Stephen MasonCounsel
1 appearance
Jeremy WarningCounsel
1 appearance
Alicia Gordon-FaganAgent
1 appearance
Stephen MasonAgent
1 appearance
Dolores DumontierAgent
1 appearance

for the Ministry of Labour

Victoria RondoCounsel
1 appearance
Heidi Ann Lazar-MeynCounsel
1 appearance
Judie ImCounsel
1 appearance
Murray KleinCounsel
1 appearance
Joe FerraroCounsel
1 appearance
L. EisenbergCounsel
1 appearance
Karen NortheyCounsel
1 appearance

for the Ontario Pipe Trades Council

Graham WilliamsonCounsel
1 appearance
A. M. MinskyCounsel
1 appearance
Garth CochraneCounsel
1 appearance

for the responding employer

Ildeko MehesAgent
1 appearance
John BrookesAgent
1 appearance
Vince BaucoAgent
1 appearance
Densley ButcherAgent
1 appearance

for the responding parties

Bob ShewbridgeUnion representative
1 appearance
N. L. JesinCounsel
1 appearance
Lisa S. GoodfellowCounsel
1 appearance
Alexander TroopCounsel
1 appearance
Ed JohnsonSelf-represented
1 appearance

for the Responding parties

Peter JefferyAgent
1 appearance

for the Responding Parties

Alex PietrangeloAgent
1 appearance
Michael WrightAgent
1 appearance
Robert N. SmithAgent
1 appearance

for the responding party

Jamie KnightCounsel
2 appearances
Wendy DumondAgent
2 appearances
Kathleen TuttonAgent
2 appearances
Joe D’AlessandroAgent
2 appearances
Ross HarrisAgent
1 appearance
Denis CoteAgent
1 appearance
Louje LazicAgent
1 appearance
Ed BraithwaiteAgent
1 appearance
Fabrizio GallucciCounsel
1 appearance
Roberto MoroccoAgent
1 appearance
Sam TedescoAgent
1 appearance
Adriano SgrignoliAgent
1 appearance
Ken RichardsonCounsel
1 appearance
John BaxterAgent
1 appearance
Ken ReidUnion representative
1 appearance
Fred CouttsAgent
1 appearance
Ray WerryCounsel
1 appearance
Ben DalimonteCounsel
1 appearance
Rebecca SaturleyAgent
1 appearance
Daniel LeoneCounsel
1 appearance

for the Responding party

Sam CostaAgent
1 appearance
Nicolas S. ShoushaAgent
1 appearance

for the Responding Party

Grace BarrowAgent
1 appearance
Craig ShlemkevichSelf-represented
1 appearance
Danielle HarrisAgent
1 appearance
Robert SchaefleinAgent
1 appearance
Antonio FontanaAgent
1 appearance
Richard LewkeSelf-represented
1 appearance
John SedgeAgent
1 appearance
Alex TroopAgent
1 appearance
Steve SavoyAgent
1 appearance
Erin BoothAgent
1 appearance

for the Trustee in Bankruptcy for Doug Hart

Teresa MicucciAgent
1 appearance

for the Union

Michael O'BrienUnion representative
2 appearances

for the United Association of Journeypersons and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787

Larry SteinbergCounsel
1 appearance
R. HarfordCounsel
1 appearance

for T.P. Andre & Sons

Rod PollokCounsel
1 appearance

for United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46

Jim HogarthCounsel
1 appearance
A. M. MinskyCounsel
1 appearance
Graham WilliamsonCounsel
1 appearance

on behalf of Bellefeuille Electric Limited

Michael S. RuddyCounsel
1 appearance
Dave BellefeuilleAgent
1 appearance

on behalf of Diversey Lever

Kimberly ChalkAgent
1 appearance
Ian JohnstoneAgent
1 appearance
Rebecca Van BakelAgent
1 appearance
Connie PalmerAgent
1 appearance

on behalf of International Brotherhood of Electrical Workers, Local 586

Ken ScottUnion representative
1 appearance
James BarryUnion representative
1 appearance
Robert MontiCounsel
1 appearance
Michael GottheilCounsel
1 appearance

on behalf of Portt Electric Limited

George RontirisCounsel
1 appearance
Dennis PorttAgent
1 appearance

on behalf of Reininger & Son Ltd.

Jane MacLellanAgent
1 appearance
Kevin D. MacNeillCounsel
1 appearance
Roger BateAgent
1 appearance
Harry BaberAgent
1 appearance
Aurel WusatiukAgent
1 appearance

on behalf of the applicant

Paul RigbySelf-represented
1 appearance
Denis ClearySelf-represented
1 appearance

on behalf of the Ministry of Labour

L. EisenbergCounsel
1 appearance
Mircho MirchevAgent
1 appearance
Karima ChaturCounsel
1 appearance

on behalf of United Food and Commercial Workers International Union, Local 333

Bill GilletteUnion representative
1 appearance
Craig FloodCounsel
1 appearance

on her own behalf

Angeli AnandSelf-represented
1 appearance
Janet SmitjesSelf-represented
1 appearance

on his own behalf

Adam BreakSelf-represented
1 appearance
Dieter SchwedaSelf-represented
1 appearance
Ravinder OberoiSelf-represented
1 appearance
James B. PayneSelf-represented
1 appearance

517

Decisions

Years active

Tribunals

21.5

cases/mo

OLRB517(100%)

Decision types

motion

349

appeal

trial

costs

/Adjudicator

John Morgan Lewis — Vice-Chair

Administrative Law

Other Tribunals

Construction Law

Bankruptcy and Insolvency Law

Human Rights

Indigenous Legal Issues

John Morgan Lewis

Vice-Chair·Ontario Labour Relations Board·Since 1999

517

cases · 3 yrs · OLRB

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 341Vice-Chair· 97Vice-Chair· 73Vice Chair· 4Vice-Chair· Chair· 1

John Morgan Lewis

Application for review deemed incomplete due to dishonoured cheque; applicant granted time to cure defect.

The applicant filed an application for review of an Order to Pay under the Employment Standards Act, but the cheque submitted for the required monies was dishonoured.

Millenium Paper Converters Inc. v. Ministry of Labour, 2000 CanLII 9056

John Morgan Lewis

Board Officer appointed to assist parties in resolving bargaining rights dispute following municipal amalgamation.

The applicants filed an application under the Public Sector Labour Relations Transition Act, 1997 respecting the bargaining rights of CUPE Local 2311-02 following a municipal amalgamation.

The Ontario Labour Relations Board directed the employer to provide notice to other potentially affected bargaining agents.

To facilitate an economical and expeditious resolution, the Board appointed a Board Officer to meet with the parties and attempt to settle the matters in dispute.

The Corporation of the Township of Edwardsburgh v. Canadian Union of Public Employees (CUPE) Local 2311-02, 2000 CanLII 8744

John Morgan Lewis

Application to suspend inspector's machine guarding order pending appeal dismissed due to worker safety risks.

The applicant employer sought to suspend an inspector's order requiring guards to be placed on screw conveyor units at its smelter, pending an appeal of the order.

The Board applied the three-part test for suspending an order and found that suspending the order would impact worker safety, given the inherently dangerous nature of the moving machinery.

The application for suspension was dismissed.

Inco Limited v. United Steelworkers of America, 2000 CanLII 8469

John Morgan Lewis

Employment standards appeal terminated for failure to file the required application form.

The applicant purported to apply for a review under the Employment Standards Act by correspondence.

The Board advised the applicant that the appeal must be filed on Form A-69 and provided a deadline.

The materials were returned marked that the applicant was no longer in business.

As no properly completed form was received, the Board terminated the proceeding.

1073759 Ontario Inc. o/a Gilroy Electric Motors v. Ministry of Labour, 2000 CanLII 8085

John Morgan Lewis

OLRBUnanimous (Wrote the reasons)0 cases1999–2001

Uncontested application to suspend Ministry of Labour orders pending appeal granted.

The applicant employer sought the suspension of Ministry of Labour orders regarding live line clearance work, pending an appeal.

The applicant asserted that the Ministry had agreed to withdraw the orders but failed to do so.

The Ministry did not file a response to the suspension request.

Applying the three-factor test for suspending orders, the Board accepted the uncontested facts and granted the suspension pending the disposition of the appeal.

Guardian Tree Service Inc. v. Ministry of Labour, 2000 CanLII 6735

Mark Lewis

17 cases1991–2014

Daniel Leone

10 cases2000–2016

John Morgan Lewis

G. Pickell

OLRBUnanimous0 cases1998–2001

A. Haward

OLRBUnanimous0 cases1998–2001

Suspended Administratively15 cases1993–2001

Grievance upheld and employee reinstated as employer failed to prove alcohol consumption on the job.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, alleging that the responding party employer discharged an employee without just cause.

The employer claimed the employee was terminated for drinking on the job.

The Board issued a bottom-line decision, finding that the employer failed to establish on a balance of probabilities that the employee consumed alcohol on the job site.

The grievance was upheld, and the employer was directed to reinstate the employee forthwith, with reasons to follow.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Walter & SCI Construction, 2000 CanLII 6622

Daniel Randazzo

John Morgan Lewis

Consent order issued declaring employers bound by collective agreement and ordering $178,974.25 in damages.

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

Prior to the hearing, the parties entered into a Memorandum of Agreement requesting a consent order.

The Board issued the consent order, declaring the responding employers bound by the collective agreement and ordering them to pay $178,974.25 in damages for violating the agreement.

Labourers’ International Union of North America, Local 837 v. OBN Company, 2000 CanLII 6487

John Morgan Lewis

Application to suspend inspector's order requiring guarding of fan drive shafts dismissed due to safety risks.

The applicant employer sought to suspend an inspector's order requiring it to guard the exposed drive shafts of exhaust fans at its smelter, pending an appeal of the order.

The Board applied the three-part test for suspending an order and found that the suspension would impact worker safety, as the fans remained inherently dangerous despite modifications.

The application for suspension was dismissed.

Inco Limited v. United Steelworkers of America, 2000 CanLII 6016

John Morgan Lewis

Extension of time to file response granted.

The responding parties requested an extension of time to file their response.

The Ontario Labour Relations Board granted the extension to January 12, 2001.

Construction Workers Local 53 v. Grossi Construction, 2000 CanLII 1914

G. Eldon Horner

4 cases2000–2019

John Morgan Lewis

Application for review of Order to Pay terminated following settlement between employer and employee's bankruptcy trustee.

The applicant employer sought review of an Order to Pay issued by an Employment Standards Officer.

Prior to the hearing, the employer and the Trustee in Bankruptcy for the employee reached a settlement for $1,419.35.

The Board ordered the Director to disburse the trust funds in accordance with the settlement, subject to any objection from the Ministry of Labour, and terminated the application.

McIntosh Country Inn Inc. v. Doug Hart and Ministry of Labour, 2000 CanLII 10385

John Morgan Lewis

Application for review of Order to Pay terminated for failure to pay required funds into trust.

The applicant sought a review of an Order to Pay under the Employment Standards Act.

The Ontario Labour Relations Board terminated the application because the applicant failed to pay the required funds in trust in accordance with section 68 of the Act.

Onsight Renovations v. Ben Marchand and Ministry of Labour, 2000 CanLII 9010

John Morgan Lewis

Application for review adjourned sine die following parties' execution of Minutes of Settlement.

The applicant sought a review of a refusal to issue an order to pay under the Employment Standards Act.

The parties entered into Minutes of Settlement, agreeing that the employer would pay the applicant $1,120.00.

The Board adjourned the application sine die for 30 days, noting that the settlement is binding and a remedy is available if a party fails to comply.

Gary Wiley v. Pinnacle Mold Inc. and Ministry of Labour, 2000 CanLII 8410

John Morgan Lewis

Application withdrawn with leave of the Board.

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

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

Canadian Union of Public Employees and its Local 767 v. Ontario Housing Corporation and the Metropolitan Toronto Housing Authority, 2000 CanLII 3323

John Morgan Lewis

Board orders responding party to produce financial records and sets hearing date for damages assessment.

The applicant union referred a grievance to the Board.

The responding party failed to participate, and the Board previously found it bound by the collective agreement and in violation of it, remaining seized on damages.

The applicant requested a hearing date for damages and an order for production of documents, as the responding party had not complied with a previous direction.

The Board ordered the responding party to produce the requested financial and payroll records and set the matter down for a hearing.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. 1196683 Ontario Ltd. o/a Raicon Forming, 2000 CanLII 1755

John Morgan Lewis

Application adjourned sine die on consent of the parties.

The applicant requested an adjournment sine die of the application.

Having regard to the agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year.

Local 707 C.A.W. v. Ford of Canada, 2000 CanLII 1402

John Morgan Lewis

Application for review adjourned sine die following parties' execution of Minutes of Settlement.

The applicant sought a review of a refusal to issue an order to pay under the Employment Standards Act.

The parties entered into Minutes of Settlement, agreeing that the employer would pay the applicant $1,000.

Based on the settlement, the Board adjourned the application sine die for 30 days, after which it would be deemed terminated if no further request was made.

Brian Peeters v. Pinnacle Mold Inc. and Ministry of Labour, 2000 CanLII 10773

John Morgan Lewis

Time limits for filing materials extended on consent due to illness.

The applicant applied under the Public Sector Labour Relations Transition Act, 1997.

Due to illness, the parties were unable to meet the Board's previous deadlines for delivering and filing materials.

On consent of the parties, the Board extended the time limits for the applicant to December 22, 2000, and for the responding parties to January 8, 2001.

Ontario Public Service Employees Union v. St. Joseph’s Hospital, 2000 CanLII 9853

John Morgan Lewis

Board issues procedural directions and appoints officer in hospital restructuring bargaining rights application.

The Ontario Labour Relations Board issued procedural directions, requiring the employer to provide notice to other affected bargaining agents and to post the decision in the workplace.

The Board also appointed a Board Officer to meet with the parties to attempt to resolve the matters in dispute.

Ontario Nurses’ Association v. Niagara Health System, 2000 CanLII 9762

John Morgan Lewis

Application withdrawn with leave of the Board on agreement of the parties.

The applicant sought to withdraw the application.

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

Jeff Novosel v. National Steel Car Limited, 2000 CanLII 6047

John Morgan Lewis