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

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

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

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

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

John Morgan Lewis

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

The employer applied for a review of an Order to Pay issued by an Employment Standards Officer.

The employer and the employee entered into Minutes of Settlement to resolve the matter without litigation.

The Board ordered the disbursement of the funds held in trust by the Director in accordance with the settlement, directing $5,932.70 to the employee and $593.27 to the Consolidated Revenue Fund, and terminated the application.

Hollywood Princess Convention and Banquet Centre Ltd. v. Angela D’Abrosio and Ministry of Labour, 2000 CanLII 13603

Daniel Randazzo

15 cases1993–2001

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

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 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

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

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 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

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

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