John Morgan Lewis

OLRBOntario Labour Relations BoardOct 11, 2000

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

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

Construction Workers Union Local 150 affiliated with the Christian Labour Association of Canada v. Stephens & Rankin Inc., 2000 CanLII 1181

John Morgan Lewis

J. G. Knight

G. McMenemy

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

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 neither party requests to proceed.

International Brotherhood of Electrical Workers Local 586 v. C & M Electric Ltd., 2000 CanLII 10413

John Morgan Lewis

J. G. Knight

G. McMenemy

Application withdrawn with leave of the Board.

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

The Board granted leave and the application was withdrawn.

Brick and Allied Craft Union of Canada/BACU-Canada Local 2, Toronto/Barrie, Ontario v. B.M.R. Construction Services, 2000 CanLII 3732

John Morgan Lewis

J. Knight

G. McMenemy

Application adjourned sine die on agreement of the parties.

The applicant referred a matter to the Ontario Labour Relations Board.

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 the notice within five days or the Board may proceed without it.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 700 v. Earlscourt Metal Industries Ltd., 2000 CanLII 11256

John Morgan Lewis

Application for review of Order to Pay dismissed for failure to pay amount into trust.

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

The Director of Employment Standards advised the Board that the employer failed to pay the ordered amount into trust.

As section 68(7) of the Act mandates payment into trust as a precondition for a review, the Board dismissed the application.

Wilhelm Dreiser v. Linda Hummel et al and Ministry of Labour, 2000 CanLII 8996

John Morgan Lewis

J. Knight

G. McMenemy

Representation vote ordered in construction industry certification application; section 8.1 notice held inapplicable.

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

The responding party asserted there were no employees at work in the proposed bargaining unit on the application date and gave notice under section 8.1.

The Board held that section 8.1 does not apply to construction industry certification applications.

Finding that at least forty percent of the individuals in the proposed unit were members of the union, the Board defined the appropriate bargaining unit and ordered a representation vote, with ballots to be segregated and the ballot box sealed due to a dispute over the employer's identity.

International Union of Operating Engineers, Local 793 v. G. Mason Construction, 2000 CanLII 6910

John Morgan Lewis

J. Knight

G. McMenemy

Employer ordered to pay $16,865.13 in damages for hiring non-union workers after failing to respond to grievance.

The applicant union referred a construction industry grievance to the Board under section 133 of the Labour Relations Act, alleging the responding employer hired non-union workers to perform bargaining unit work.

The responding party failed to file a response or 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 and ordered it to pay $16,865.13 in damages.

The issue of costs was scheduled for a separate hearing.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Lacon Contracting Inc., 2000 CanLII 6124

John Morgan Lewis

J. G. Knight

G. McMenemy

Application withdrawn with leave of the Board.

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

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

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Demitec Limited, 2000 CanLII 4041

John Morgan Lewis

J. G. Knight

G. McMenemy

Application withdrawn with leave of the Board.

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

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

Brick and Allied Craft Union of Canada/Bacu-Canada Local 2, Toronto/Barrie, Ontario v. Blanford Construction Services (Chris Blanford c.o.b. as), 2000 CanLII 3003

John Morgan Lewis

J. Knight

G. McMenemy

Employer deemed to accept grievance facts after failing to file response; reinstatement ordered.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging that the responding employer discharged two employees without just cause, including one as a reprisal for pursuing a WSIB claim.

The responding employer failed to file a response or pay the filing fee within the prescribed time limits.

Pursuant to the Board's Rules of Procedure, the employer was deemed to have accepted all facts alleged in the application.

The Board found the employer liable for violating the collective agreement, ordered the immediate reinstatement of the employees, and scheduled a hearing to assess damages.

Sheet Metal Workers’ International Association, Local 30 v. Cordeiro Roofing Ltd., 2000 CanLII 2826

John Morgan Lewis

Motion to dismiss related employer and sale of business application for lack of prima facie case denied.

The responding party, D.J. Nash Construction and Maintenance Inc., requested that the Board dismiss the applicant's section 69 and 1(4) application without a hearing under Rule 46 for failing to disclose a prima facie case.

Alternatively, it requested an order under Rule 38 directing the applicant to file a detailed statement of material facts.

The Board dismissed both requests, finding the application contained sufficient material facts to require a response, and granted an extension of time for the responding party to file its response.

The Millwright Regional Council of Ontario, United Brotherhood of Carpenters and Joiners of America on behalf of Affiliated Local Unions 1007; 1151; 1244; 1410; 1425; 1592; 1916 and 2309 v. Eram Steel Contracting Inc., NC Fabrication Limited and D.J. Nash Construction and Maintenance Inc., 2000 CanLII 2800

John Morgan Lewis

Interim order issued returning principal funds held in trust following settlement; hearing required for administrative fee.

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

Following a settlement of a related human rights complaint, the applicant withdrew its application and requested the return of funds held in trust.

The claimant consented.

The Ministry of Labour did not oppose the return of the principal amount but argued the Board lacked jurisdiction to refund the administrative fee without a hearing.

The Board issued an interim order returning the principal amount of $7,989.60 and gave the applicant 15 days to request a hearing regarding the administrative fee.

University of Guelph v. Smiderle, 2000 CanLII 10887

John Morgan Lewis

J. Knight

G. McMenemy

Consent order issued requiring the responding party to pay $64,013.59 for unpaid benefit contributions.

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

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

The Board issued a consent order declaring that the responding party was bound by the collective agreement and had violated it.

The Board ordered the responding party to pay $64,013.59 in damages for unpaid benefit contributions and late payment penalties, in accordance with the agreed instalment schedule.

Sheet Metal Workers’ International Association, Local 30 v. E.E.S. Systems Ltd., 2000 CanLII 10438

John Morgan Lewis

J. Knight

G. McMenemy

Representation vote directed in construction industry certification application.

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

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent of the individuals in the proposed bargaining unit.

Accordingly, the Board directed that a representation vote be taken among the eligible employees in the voting constituency.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Montana Electric Inc., 2000 CanLII 8964

John Morgan Lewis

Board grants newly retained counsel extension of time to file submissions on suspension request.

The applicant employer sought the suspension of an inspector's order under section 61(7) of the Occupational Health and Safety Act pending an appeal.

Newly retained counsel for the applicant requested a reasonable period of time to provide additional submissions regarding the suspension request.

The Board granted the request, directing the applicant to file additional submissions by October 10, 2000, and allowing responding parties to file supplementary replies by October 17, 2000.

Armbro Construction Ltd. v. Labourers Local 527 Ottawa and Ministry of Labour, 2000 CanLII 6237

John Morgan Lewis

J. Knight

G. McMenemy

Default judgment granted against employer for unpaid union contributions and remittances.

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 contributions and file remittances as required by the 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 declared the employer violated the collective agreement and ordered it to pay $75,037.30 in unpaid contributions and liquidated damages, plus $214.00 in costs.

Universal Workers Union, L.I.U.N.A., Local 183 v. Andrew Paving & Engineering Ltd., 2000 CanLII 9170

John Morgan Lewis

Application for review of Order to Pay terminated after applicant's cheque bounced and directions ignored.

The applicant filed an application for review of an Order to Pay under section 68 of the Employment Standards Act.

The cheque used to pay the required amount was returned for insufficient funds.

The Board directed the applicant to file proof of payment and request an extension of time.

The applicant failed to comply with the direction, and the Board terminated the application.

Units Inc. v. Harnek Singh and Parminder Singh, 2000 CanLII 6602

John Morgan Lewis

Board grants adjournment and extends time for responding party to file notice of intent.

The parties requested an adjournment of the hearing scheduled for October 6, 2000, and an extension of time for the responding party to file a Request for Hearing and Notice of Intent to Participate/Defend.

The Ontario Labour Relations Board granted the adjournment, rescheduling the hearing to October 16, 2000, and extended the filing deadline to October 6, 2000.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Shawn’s Roofing Inc., 2000 CanLII 5156

John Morgan Lewis

J. Knight

G. McMenemy

Employment and Labour Law

Employer ordered to pay $12,308.11 in unpaid benefit contributions and penalties in default judgment.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to remit benefit trust fund contributions.

The responding party failed to file a response or 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 $12,308.11 in damages and penalties, plus $214.00 in costs.

Sheet Metal Workers’ International Association, Local 30 v. Atlantic HVAC Systems Ltd., 2000 CanLII 5021

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

OLRBOntario Labour Relations BoardOct 11, 2000

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

OLRBOntario Labour Relations BoardOct 11, 2000

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

Construction Workers Union Local 150 affiliated with the Christian Labour Association of Canada v. Stephens & Rankin Inc., 2000 CanLII 1181

John Morgan Lewis

J. G. Knight

G. McMenemy

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

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 neither party requests to proceed.

International Brotherhood of Electrical Workers Local 586 v. C & M Electric Ltd., 2000 CanLII 10413

John Morgan Lewis

J. G. Knight

G. McMenemy

Application withdrawn with leave of the Board.

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

The Board granted leave and the application was withdrawn.

Brick and Allied Craft Union of Canada/BACU-Canada Local 2, Toronto/Barrie, Ontario v. B.M.R. Construction Services, 2000 CanLII 3732

John Morgan Lewis

J. Knight

G. McMenemy

Application adjourned sine die on agreement of the parties.

The applicant referred a matter to the Ontario Labour Relations Board.

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

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 700 v. Earlscourt Metal Industries Ltd., 2000 CanLII 11256

John Morgan Lewis

Application for review of Order to Pay dismissed for failure to pay amount into trust.

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

The Director of Employment Standards advised the Board that the employer failed to pay the ordered amount into trust.

As section 68(7) of the Act mandates payment into trust as a precondition for a review, the Board dismissed the application.

Wilhelm Dreiser v. Linda Hummel et al and Ministry of Labour, 2000 CanLII 8996

John Morgan Lewis

J. Knight

G. McMenemy

Representation vote ordered in construction industry certification application; section 8.1 notice held inapplicable.

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

The responding party asserted there were no employees at work in the proposed bargaining unit on the application date and gave notice under section 8.1.

The Board held that section 8.1 does not apply to construction industry certification applications.

International Union of Operating Engineers, Local 793 v. G. Mason Construction, 2000 CanLII 6910

John Morgan Lewis

J. Knight

G. McMenemy

Employer ordered to pay $16,865.13 in damages for hiring non-union workers after failing to respond to grievance.

The responding party failed to file a response or 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 and ordered it to pay $16,865.13 in damages.

The issue of costs was scheduled for a separate hearing.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Lacon Contracting Inc., 2000 CanLII 6124

John Morgan Lewis

J. G. Knight

G. McMenemy

Application withdrawn with leave of the Board.

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

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

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Demitec Limited, 2000 CanLII 4041

John Morgan Lewis

J. G. Knight

G. McMenemy

Application withdrawn with leave of the Board.

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

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

Brick and Allied Craft Union of Canada/Bacu-Canada Local 2, Toronto/Barrie, Ontario v. Blanford Construction Services (Chris Blanford c.o.b. as), 2000 CanLII 3003

John Morgan Lewis

J. Knight

G. McMenemy

Employer deemed to accept grievance facts after failing to file response; reinstatement ordered.

The responding employer failed to file a response or pay the filing fee within the prescribed time limits.

Pursuant to the Board's Rules of Procedure, the employer was deemed to have accepted all facts alleged in the application.

The Board found the employer liable for violating the collective agreement, ordered the immediate reinstatement of the employees, and scheduled a hearing to assess damages.

Sheet Metal Workers’ International Association, Local 30 v. Cordeiro Roofing Ltd., 2000 CanLII 2826

John Morgan Lewis

Motion to dismiss related employer and sale of business application for lack of prima facie case denied.

Alternatively, it requested an order under Rule 38 directing the applicant to file a detailed statement of material facts.

The Board dismissed both requests, finding the application contained sufficient material facts to require a response, and granted an extension of time for the responding party to file its response.

The Millwright Regional Council of Ontario, United Brotherhood of Carpenters and Joiners of America on behalf of Affiliated Local Unions 1007; 1151; 1244; 1410; 1425; 1592; 1916 and 2309 v. Eram Steel Contracting Inc., NC Fabrication Limited and D.J. Nash Construction and Maintenance Inc., 2000 CanLII 2800

John Morgan Lewis

Interim order issued returning principal funds held in trust following settlement; hearing required for administrative fee.

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

Following a settlement of a related human rights complaint, the applicant withdrew its application and requested the return of funds held in trust.

The claimant consented.

The Ministry of Labour did not oppose the return of the principal amount but argued the Board lacked jurisdiction to refund the administrative fee without a hearing.

The Board issued an interim order returning the principal amount of $7,989.60 and gave the applicant 15 days to request a hearing regarding the administrative fee.

University of Guelph v. Smiderle, 2000 CanLII 10887

John Morgan Lewis

J. Knight

G. McMenemy

Consent order issued requiring the responding party to pay $64,013.59 for unpaid benefit contributions.

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

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

The Board issued a consent order declaring that the responding party was bound by the collective agreement and had violated it.

The Board ordered the responding party to pay $64,013.59 in damages for unpaid benefit contributions and late payment penalties, in accordance with the agreed instalment schedule.

Sheet Metal Workers’ International Association, Local 30 v. E.E.S. Systems Ltd., 2000 CanLII 10438

John Morgan Lewis

J. Knight

G. McMenemy

Representation vote directed in construction industry certification application.

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

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent of the individuals in the proposed bargaining unit.

Accordingly, the Board directed that a representation vote be taken among the eligible employees in the voting constituency.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Montana Electric Inc., 2000 CanLII 8964

John Morgan Lewis

Board grants newly retained counsel extension of time to file submissions on suspension request.

The applicant employer sought the suspension of an inspector's order under section 61(7) of the Occupational Health and Safety Act pending an appeal.

Newly retained counsel for the applicant requested a reasonable period of time to provide additional submissions regarding the suspension request.

The Board granted the request, directing the applicant to file additional submissions by October 10, 2000, and allowing responding parties to file supplementary replies by October 17, 2000.

Armbro Construction Ltd. v. Labourers Local 527 Ottawa and Ministry of Labour, 2000 CanLII 6237

John Morgan Lewis

J. Knight

G. McMenemy

Default judgment granted against employer for unpaid union contributions and remittances.

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 declared the employer violated the collective agreement and ordered it to pay $75,037.30 in unpaid contributions and liquidated damages, plus $214.00 in costs.

Universal Workers Union, L.I.U.N.A., Local 183 v. Andrew Paving & Engineering Ltd., 2000 CanLII 9170

John Morgan Lewis

Application for review of Order to Pay terminated after applicant's cheque bounced and directions ignored.

The applicant filed an application for review of an Order to Pay under section 68 of the Employment Standards Act.

The cheque used to pay the required amount was returned for insufficient funds.

The Board directed the applicant to file proof of payment and request an extension of time.

The applicant failed to comply with the direction, and the Board terminated the application.

Units Inc. v. Harnek Singh and Parminder Singh, 2000 CanLII 6602

John Morgan Lewis

Board grants adjournment and extends time for responding party to file notice of intent.

The Ontario Labour Relations Board granted the adjournment, rescheduling the hearing to October 16, 2000, and extended the filing deadline to October 6, 2000.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Shawn’s Roofing Inc., 2000 CanLII 5156

John Morgan Lewis

J. Knight

G. McMenemy