John Morgan Lewis

OLRBOntario Labour Relations BoardOct 24, 2000

Application withdrawn with leave of the Board following agreement of the parties.

The applicant sought to withdraw the application.

Having regard to the agreement of the parties, the Board granted leave to withdraw the matter.

Michael Mazzotta v. United Food and Commercial Workers International Union, Local 1000A, 2000 CanLII 9973

R. R. Montague

OLRB0 cases1986–2001

John Morgan Lewis

OLRBOntario Labour Relations BoardOct 24, 2000

J. A. Rundle

OLRB0 cases1986–2001

Board grants joint application for early termination of collective agreement.

The applicant union and responding employer brought a joint application for the Board's consent to the early termination of their collective agreement.

Notices of the application were posted on the employer's premises, and no objections were filed by any affected employees.

Based on the material before it, the Board granted its consent to the early termination of the collective agreement.

Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees Local Union 647 v. William Neilson Ltd., 2000 CanLII 10902

John Morgan Lewis

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardOct 24, 2000

Application for certification dismissed after union failed to win majority in representation vote.

The applicant union applied for certification.

A representation vote was held, and not more than fifty percent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further applications for certification by the applicant for this bargaining unit.

Sheet Metal Workers’ International Association, Local 473 v. J.M.R. Electric Ltd., 2000 CanLII 6425

John Morgan Lewis

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 20, 2000

Grievance referrals terminated following filing of a Memorandum of Settlement.

The applicant union filed grievances against the responding party employer.

The parties reached a Memorandum of Settlement.

Having regard to the settlement, the Ontario Labour Relations Board ordered the matters terminated.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Perfection Rug Co. Ltd., 2000 CanLII 7501

John Morgan Lewis

OLRBOntario Labour Relations BoardOct 20, 2000

Application adjourned sine die on consent for up to one year.

The applicant and responding party agreed to adjourn the application.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if neither party requests to proceed.

Woodbine Pavement Markings Limited v. Ministry of Labour, 2000 CanLII 4830

John Morgan Lewis

OLRBOntario Labour Relations BoardOct 20, 2000

Time to file application for review extended by one day due to applicant's misunderstanding.

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

The application was filed one day after the 45-day statutory deadline.

The applicant explained that she was unaware of the deadline and believed the Employment Standards Officer was still attempting to negotiate a settlement.

The Board found the explanation sufficient for a one-day delay and exercised its discretion under section 68(4) of the Act to extend the time for filing.

Rose A. Usman v. Metro Wide Personnel Inc. and Ministry of Labour, 2000 CanLII 6752

John Morgan Lewis

OLRBOntario Labour Relations BoardOct 18, 2000

Application to suspend health and safety orders regarding subway car lock-out procedures dismissed.

The applicant employer sought to suspend four orders issued by a Ministry of Labour Inspector regarding lock-out procedures for subway cars, pending an appeal.

The Board applied the test for suspending orders, noting that the orders impacted worker safety and thus required a high threshold for suspension.

The Board found that the applicant failed to demonstrate significant prejudice and did not establish a strong prima facie case for a successful appeal.

The application to suspend the orders was dismissed.

Toronto Transit Commission v. Amalgamated Transit Union, Local 113, 2000 CanLII 7066

John Morgan Lewis

G. Pickell

A. Haward

Board issues consent order for $7,079.55 in damages for collective agreement violations.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging that the responding party violated the provincial collective agreement.

Prior to the hearing, the parties entered into Minutes of Settlement.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated Articles 8, 9, and 10, and ordered the payment of $7,079.55 in damages.

Carpenters’ and Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America v. Lewke Construction Ltd., 2000 CanLII 1991

John Morgan Lewis

G. Pickell

A. Haward

Union certified following a successful representation vote with no objections filed.

The applicant union applied for certification to represent carpenters and carpenters' apprentices employed by the responding party in the industrial, commercial and institutional sector of the construction industry.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Board ordered that a certificate issue to the applicant.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. 539243 Ontario Ltd., 2000 CanLII 6301

John Morgan Lewis

J. G. Knight

G. McMenemy

Employer found liable for collective agreement violation in default grievance referral 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 convene a mark-up meeting regarding a work assignment.

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

Pursuant to the Board's Rules of Procedure, the Board deemed the employer to have accepted the facts stated in the application and found the employer liable for violating the collective agreement.

The issue of damages was deferred to a scheduled oral hearing.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 700 v. Earlscourt Metal Industries Ltd., 2000 CanLII 2162

John Morgan Lewis

J. G. Knight

G. McMenemy

Default judgment entered against employer for subcontracting violation 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 violated the collective agreement by subcontracting paving work to a non-union entity.

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

The Board deemed the facts in the application accepted, found the employer in violation of the collective agreement, and ordered the employer to pay damages for lost wages and remittances, as well as general damages pursuant to a prior settlement agreement.

Universal Workers Union, L.I.U.N.A., Local 183 v. Ron Robinson Limited and/or Ron Robinson Ltd., 2000 CanLII 2516

John Morgan Lewis

G. Pickell

A. Haward

Grievance referral withdrawn at the request of the applicant.

The applicant requested to withdraw its referral of a grievance to the Board.

The Board granted the request and the referral was withdrawn.

Labourers’ International Union of North America, Local 506 v. Biggs & Narciso Construction Services Inc., 2000 CanLII 4061

John Morgan Lewis

G. Pickell

A. Haward

Grievance referral adjourned sine die on consent of the parties.

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

On agreement of the parties, the Board adjourned the application sine die for a period not exceeding one year.

The Board noted the responding party's failure to file a Notice of Intent to Defend and directed that if the matter is relisted, the responding party must file its Notice within five days.

The International Union of Painters and Allied Trades, (formerly known as the International Brotherhood of Painters and Allied Trades), District Council 46 v. Konos Construction Ltd., 2000 CanLII 8315

John Morgan Lewis

Board ordered disbursement of funds held in trust pursuant to Minutes of Settlement.

The applicant employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Board ordered the disbursement of the $11,000 held in trust by the Director, with $7,123.43 to the employee, $2,876.57 returned to the employer, and a $1,000 administration fee retained by the Consolidated Revenue Fund.

Boart Longyear v. Colin Adams and Ministry of Labour, 2000 CanLII 5402

John Morgan Lewis

J. G. Knight

G. McMenemy

Consent adjournment sine die granted for a period not exceeding one year.

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 will be deemed terminated if neither party requests to proceed.

The International Union of Painters and Allied Trades, District Council 46 (Local 1891) v. Aspen Drywall Inc., 2000 CanLII 6276

John Morgan Lewis

Appeals deemed terminated following applicant's compliance with outstanding orders.

The Ontario Labour Relations Board noted that the applicant, Canadian Waste Services Inc., had complied with all outstanding orders subject to the appeals.

Consequently, the Board ordered that the matters be deemed terminated unless a party submitted a written request to proceed within ten days.

Canadian Waste Services Inc. v. Canadian Union of Public Employees and Ministry of Labour, 2000 CanLII 1223

John Morgan Lewis

J. G. Knight

G. McMenemy

Application adjourned sine die on consent for up to one year.

The applicant union and responding employer agreed to adjourn the application 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 no party requests to proceed.

Labourers' International Union of North America, Local 1059 v. Co-Fo Concrete Forming Construction Limited, 2000 CanLII 8151

John Morgan Lewis

Board orders disbursement of funds held in trust pursuant to Minutes of Settlement.

The applicant employer sought a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the disbursement of the funds held in trust by the Director, with $2,500.00 paid to the employee, $1,119.20 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

438113 Ontario Inc. o/a East End Taxi v. Sidney Simon and Ministry of Labour, 2000 CanLII 3279

John Morgan Lewis

J. G. Knight

A. Haward