John Morgan Lewis

J. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 4, 2000

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

OLRBOntario Labour Relations BoardOct 4, 2000

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

OLRBOntario Labour Relations BoardOct 3, 2000

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

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

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

If neither party requests to proceed within that time, the application will be deemed terminated.

Millwright Regional Council of Ontario v. Mannesman Dematic Rapistan Systems, 2000 CanLII 10957

John Morgan Lewis

J. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 3, 2000

Board directs representation vote for craft bargaining unit, rejecting employer's proposed all-employee unit.

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

The responding party disagreed with the proposed bargaining unit, arguing for an "all employee" unit rather than the traditional craft unit of journeymen and registered apprentices.

The Board rejected the responding party's position, finding the craft unit appropriate under section 158(1) of the Act.

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

Sheet Metal Workers’ International Association, Local 473 v. J.M.R. Electric Ltd., 2000 CanLII 10126

John Morgan Lewis

J. Knight

G. McMenemy

Applications adjourned sine die on consent for a period not exceeding one year.

The applicant union and responding employer agreed to adjourn the applications sine die.

The Board consented to the adjournment for a period not exceeding one year, after which the applications will be deemed terminated if no party requests to proceed.

Carpenters and Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America v. Claude Levesque o/a Claude’s Roofing or Claude’s Contracting, 2000 CanLII 5170

John Morgan Lewis

J. Knight

G. McMenemy

Grievance application adjourned sine die on consent for up to one year.

The applicant union and responding employers agreed to adjourn the grievance application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter would be deemed terminated if no party requested to proceed.

Brick & Allied Craft Union of Canada – Local 31 v. Stonetechnique Enterprises Inc., 2000 CanLII 10187

John Morgan Lewis

Reconsideration granted to keep funds in trust pending related file; extension of time to appeal denied.

The applicant requested reconsideration of a prior Board decision that directed the Ministry of Labour to disburse funds held in trust.

The Board granted the reconsideration, noting that the funds also related to an ongoing file, and ordered the funds to remain in trust pending the disposition of that file.

The Board declined the applicant's request to further extend the time for filing the appeal, noting that documents obtained later could still be filed.

Darshan Singh v. Swarn Singh, 2000 CanLII 5213

John Morgan Lewis

J. Knight

G. McMenemy

Application withdrawn with leave of the Board.

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

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

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Belrock Construction Limited, 2000 CanLII 1090

John Morgan Lewis

Application for review of Order to Pay dismissed because applicant's cheque for required payment bounced.

The applicant filed an application for review of an Order to Pay under the Employment Standards Act and submitted a cheque for the required payment in trust.

The cheque was returned for insufficient funds.

The Ontario Labour Relations Board dismissed the application, holding that under section 68(7) of the Act, an application is not properly made and cannot proceed unless the required amount is paid to the Director in trust.

1293732 Ontario Inc. o/a A-1 Protection Services v. Ministry of Labour, 2000 CanLII 1145

John Morgan Lewis

Applications withdrawn with leave of the Board.

The applicant sought to withdraw its applications against the responding parties.

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

Bulk Systems (Ontario) Ltd. v. Transport Communications Union, 2000 CanLII 3417

John Morgan Lewis

In Private Practice5 cases2000–2012

Board finds prima facie case of duty of fair representation breach and defers evidentiary ruling.

The applicants filed an unfair labour practice complaint alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act.

The Board found a prima facie case and directed the matter to consultation.

The union objected to the applicants filing supplementary materials allegedly containing information divulged during a confidential Labour Relations Officer's meeting.

The Board deferred the ruling on the admissibility of the supplementary materials to the panel hearing the matter, as the source of the information was not entirely clear.

Local 375 of the United Brewers Warehousing Workers v. United Brewers Warehousing Workers’ Provincial Board, 2000 CanLII 2173

Steve Cronright

1 case2000–2000

Rod Pollock

2 cases2000–2001

Robert N. Singer

3 cases2000–2001

Rick Currie

7 cases1995–2001

M. Patrick Moran

36 cases1982–2011

J. Raso

19 cases1992–2001

John Moszynski

71 cases1986–2017

Ameena Sultan

John Morgan Lewis

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardSep 29, 2000

Consent adjournment granted by the Ontario Labour Relations Board.

The Ontario Labour Relations Board granted a consent adjournment of the matter to February 26, 2001.

Ontario Sheet Metal Workers’ & Roofers’ Conference, Sheet Metal Workers’ International Association, Local 269 v. T. A. Andre & Sons (Ontario) Ltd., 2000 CanLII 2478

John Morgan Lewis

Application for review terminated after parties executed Minutes of Settlement for $3,500.

The applicant sought a review of a refusal to issue an order to pay under section 68 of the Employment Standards Act.

The parties entered into Minutes of Settlement with the assistance of a Labour Relations Officer, agreeing to a payment of $3,500 in general damages to resolve all issues.

Pursuant to section 69.1(5) of the Act, the Board terminated the application.

Fred Fitzgerald v. Italpasta Ltd. and Ministry of Labour, 2000 CanLII 4008

John Morgan Lewis

Application withdrawn with leave of the Board.

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

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

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Alcor Investment Group Inc., c.o.b. as Alcor Interiors, 2000 CanLII 4004

John Morgan Lewis

Applications withdrawn with leave of the Board.

The applicant requested to withdraw its applications via correspondence.

The Ontario Labour Relations Board granted leave and the matters were withdrawn.

Dura-Chrome Limited v. Ministry of Labour, 2000 CanLII 1160

John Morgan Lewis

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

The applicant union filed a grievance referral against the responding party employer.

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

The Board ordered that the matter would be deemed terminated if neither party requested to proceed within that time.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Network Mechanical Inc., 2000 CanLII 1781

John Morgan Lewis

Union's 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 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 2831

John Morgan Lewis

Application withdrawn with leave of the Board.

The applicant sought to withdraw her application against the employer and the Ministry of Labour.

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

Sandra Kenealy v. Fitzgerald Insurance Brokerage and Ministry of Labour, 2000 CanLII 7228

John Morgan Lewis