John Morgan Lewis

Applications withdrawn with leave of the Board following Minutes of Settlement.

The applicant sought to withdraw two matters before the Ontario Labour Relations Board following the execution of Minutes of Settlement.

The Board granted leave and the matters were withdrawn.

Craig A. Jordan v. Sensormatic Canada Inc., 2000 CanLII 2397

John Morgan Lewis

Board directed parties to advise if they consent to withdrawal of application for review following settlement.

The applicant sought to withdraw its application for review of an Order to Pay under the Employment Standards Act and requested the return of monies held in trust, citing minutes of settlement reached in a related Human Rights Code complaint.

The Board noted that the Employment Standards Officer and the Ministry of Labour are also parties to the proceeding and directed all parties to advise by a specified date whether they consent to the withdrawal and return of funds.

University of Guelph v. Janette Smiderle and Ministry of Labour, 2000 CanLII 13355

John Morgan Lewis

Request for reconsideration dismissed for failure to comply with the Board's Rules of Procedure.

The responding party, Michelle Burke, submitted correspondence purporting to seek reconsideration of a prior Board decision.

The Board advised her that the request did not conform with the Board's Rules of Procedure and could not be processed.

As no properly completed request was subsequently filed, the Board confirmed that the matter remains terminated.

Dr. Kenneth L. Glick v. Michelle Burke and Ministry of Labour, 2000 CanLII 12788

Application for certification withdrawn with leave; one-year bar imposed on future applications.

The applicant union sought to withdraw its application for certification.

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

The Board imposed a one-year bar on future applications for certification by the applicant or its affiliated bargaining agents for the same bargaining unit.

The Registrar was directed to destroy the ballots cast in the representation vote after 30 days.

Bricklayers, Masons Independent Union of Canada, Local 1 v. C.S.B.I. Contracting Ltd., 2000 CanLII 11240

John Morgan Lewis

Time to file review application extended because applicant relied on inaccurate instructions on the Order to Pay.

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

The application was filed beyond the 45-day statutory time limit set out in section 68(3) of the Employment Standards Act.

The applicant requested an extension of time under section 68(4), arguing that it relied on inaccurate information printed on the Order to Pay, which stated the 45 days ran from the date of delivery rather than the date of the order.

The Board exercised its discretion to extend the time for filing the application.

Flaviense Stucco & Plastering Inc. v. Brian Tamburini and Ministry of Labour, 2000 CanLII 11936

John Morgan Lewis

Employment standards appeal terminated due to applicant's failure to file the required application form.

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

The Board advised the applicant that the appeal could not be processed because it was not filed on the required Form A-69, and gave the applicant 10 days to comply.

The applicant failed to file the properly completed form within the time limit.

Consequently, the Board terminated the proceeding.

Academy of Learning - Oshawa v. Pat Campbell, 2000 CanLII 10219

John Morgan Lewis

J. Knight

A. Haward

Application withdrawn with leave of the Board.

The applicant, Millwright Regional Council of Ontario, sought to withdraw its application against the responding party, Northfield Industrial Contractors.

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

Millwright Regional Council of Ontario v. Northfield Industrial Contractors, 2000 CanLII 3176

John Morgan Lewis

J. G. Knight

A. Haward

OLRBOntario Labour Relations BoardAug 29, 2000

Representation vote ordered in construction industry certification application for electricians and apprentices.

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

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

The Board defined the appropriate bargaining unit for electricians and electricians' apprentices and directed that a representation vote be taken.

International Brotherhood of Electrical workers, Local Union 353 v. 1273332 Ontario Limited, 2000 CanLII 4773

John Morgan Lewis

OLRBOntario Labour Relations BoardAug 29, 2000

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 entered into Minutes of Settlement, under which the employer agreed to pay the applicant $300.00 without prejudice.

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

Philippe Hudon v. The Fireplace Centre and Patio Shop, 2000 CanLII 4354

John Morgan Lewis

G. Pickell

OLRBOntario Labour Relations BoardAug 28, 2000

G. McMenemy

OLRB0 cases1993–2001

Board issued consent order for $5,500 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.

During the hearing, the parties entered into a memorandum of agreement.

The Board issued a consent order declaring that the responding party is bound to the applicable provincial collective agreement and violated its terms.

The Board ordered the responding party to pay $5,500 in damages in scheduled installments, with a default clause triggering an additional payment.

Brick and Allied Craft Union of Canada, Local Union No. 31 v. Halton Hills Flooring & Contractors Inc., 2000 CanLII 6094

John Morgan Lewis

OLRBOntario Labour Relations BoardAug 28, 2000

Application for review of refusal to issue Order to Pay terminated due to unexplained delay.

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

The application was filed 11 days after the prescribed 45-day time limit.

The Board invited the applicant to provide reasons for the delay or why an extension should be granted, but received no reply.

The Board declined to exercise its discretion to extend the time period and terminated the application.

Martin Maylor v. Gaderian Investigations/Intrapid Investigations and Ministry of Labour, 2000 CanLII 11862

John Morgan Lewis

G. Pickell

OLRBOntario Labour Relations BoardAug 28, 2000

G. McMenemy

OLRB0 cases1993–2001

Consent order issued declaring collective agreement violation and ordering payment of $428 in damages.

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 a memorandum of agreement to settle the matter.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated Article 12.02, and ordered the responding party to pay $428.00 in damages to the applicant.

Construction Workers Local 52 affiliated with the Christian Labour Association of Canada v. MegaTech Contracting International Inc., 2000 CanLII 8618

John Morgan Lewis

OLRBOntario Labour Relations BoardAug 25, 2000

Adjournment granted on consent of the parties.

The parties requested an adjournment of the matter.

The Ontario Labour Relations Board consented to the request and adjourned the hearing to September 14, 2000.

International Union of Operating Engineers, Local 793 v. Metric Contracting Services Corporation, 2000 CanLII 4091

John Morgan Lewis

OLRBOntario Labour Relations BoardAug 25, 2000

Matter adjourned on consent of the parties.

The parties requested an adjournment of the matter.

The Ontario Labour Relations Board consented to the request and adjourned the hearing to September 25, 2000.

International Brotherhood of Painters and Allied Trades, Local 1819, Glaziers v. Stanley Canada Inc., 2000 CanLII 1124

John Morgan Lewis

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardAug 23, 2000

Board issues declarations and orders giving effect to parties' settlement of certification and grievance matters.

The applicant unions and responding employer reached a Memorandum of Agreement to settle an application for certification and a grievance referral in the construction industry.

The Ontario Labour Relations Board gave effect to the settlement, withdrawing the certification application, declaring the employer bound by the applicable collective agreements effective January 1, 2001, and directing the admission of specified employees into union membership.

Labourers International Union of North America v. C.S.B.I. Contracting Ltd., 2000 CanLII 3745

Stephen Mason

20 cases1986–2005

John Morgan Lewis

OLRBOntario Labour Relations BoardAug 21, 2000

Order to pay rescinded; furnace installer falls under construction industry exemption for termination pay.

The applicant employer sought a review of an Order to Pay issued by an Employment Standards Officer, which awarded the claimant termination pay and overtime pay.

The Ontario Labour Relations Board rescinded the Order to Pay.

The Board found that the claimant, who installed furnaces and fireplaces, was employed in the construction industry and was therefore exempt from the termination pay provisions of the Employment Standards Act.

Furthermore, the Board accepted the employer's evidence that the additional hours paid to the claimant were an advance for future work, not overtime hours worked.

Classic Home Heating and Restorations v. Hooey, 2000 CanLII 13199

John Morgan Lewis

OLRBOntario Labour Relations BoardAug 21, 2000

Board issues consent order incorporating Minutes of Settlement resolving related employer and grievance applications.

The applicants filed multiple applications, including grievances, related employer/sale of business applications, and unfair labour practice complaints against the responding parties.

The parties entered into Minutes of Settlement resolving all matters.

The Ontario Labour Relations Board issued a consent order incorporating the settlement terms, which included declarations that the corporate responding parties are bound by various collective agreements, an agreement by the intervenors not to enforce bargaining rights against the responding parties for certain work, and an order that the responding parties pay $4,000 to the applicant.

Brick and Allied Craft Union of Canada, Local 12 v. 1266346 Ontario Ltd., 2000 CanLII 2468

John Morgan Lewis

OLRBOntario Labour Relations BoardAug 17, 2000

Request for reconsideration dismissed as it was filed outside the prescribed 20-day time period.

The Board received a request for reconsideration of a decision dated April 5, 2000.

The request was filed on July 14, 2000.

Under Rule 96 of the Board's Rules of Procedure, a request for reconsideration must be filed within 20 days of the decision.

As the request was filed well outside the prescribed time period, it was dismissed as untimely.

Rockwell Automation Canada Inc. v. Janet Smitjes and Ministry of Labour, 2000 CanLII 11783

John Morgan Lewis

OLRBOntario Labour Relations BoardAug 16, 2000

Order to Pay rescinded as employer proved claimant was paid for all hours worked.

The applicant employer sought a review of an Order to Pay issued by an Employment Standards Officer for alleged unpaid wages.

The employer presented financial records and testimony demonstrating that the claimant had been paid for all hours worked prior to the business ceasing operations.

The Board found in favour of the employer, rescinded the Order to Pay, and directed the return of monies held in trust.

846045 Ontario Inc. operating as Condom Companion v. Karen Reid, 2000 CanLII 13055

John Morgan Lewis