John Morgan Lewis

OLRBOntario Labour Relations BoardAug 10, 2000

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

The applicant union and responding employer agreed to adjourn the application.

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

Labourers’ International Union of North America, Local 506 v. Minuk Contracting Inc., 2000 CanLII 1069

Robert Monti

5 cases2000–2014

J.D. Sharp

6 cases2000–2012

Barbara Adamski

1 case2000–2000

John Morgan Lewis

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJul 14, 2000

Union certified after Board excludes three challenged ballots in construction industry representation vote.

The applicant union applied for certification in the construction industry.

A representation vote was held, and the union challenged the eligibility of three individuals, arguing they were not performing bargaining unit work on the application date.

Following a hearing, the Board issued a bottom-line decision finding the three individuals were not performing bargaining unit work and their ballots would not be counted.

As more than 50 per cent of the valid ballots were cast in favour of the union, the Board ordered the issuance of certificates for the industrial, commercial and institutional sector and all other sectors in the relevant geographic area.

International Brotherhood of Electrical Workers, Local 586 v. Comco Electric Limited, 2000 CanLII 12211

Kristen Lopes

In Private Practice3 cases2000–2000

John Morgan Lewis

OLRBOntario Labour Relations BoardJul 14, 2000

General contractor found to be the true employer of workers after taking over payroll from defaulting subcontractor.

The applicant union applied for certification under the construction industry provisions of the Labour Relations Act, 1995.

A representation vote was held, and the two individuals who cast ballots voted in favour of the union.

The sole issue in dispute was whether the two individuals were employed by the responding party general contractor or by a subcontractor on the date of application.

Applying the York Condominium factors, the Board found that the general contractor was the true employer, as it had taken over payroll, WSIB premiums, and minimal supervision after the subcontractor experienced financial difficulties and lost its unionized status.

Certificates were issued to the union.

International Brotherhood of Painters & Allied Trades, Glaziers Local 1819 v. Bradscot (MCL) Ltd., 2000 CanLII 13357

Heidi Ann Lazar-Meyn

15 cases2000–2000

John Morgan Lewis

OLRBOntario Labour Relations BoardJul 13, 2000

Application for review dismissed due to applicant's failure to attend the hearing.

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

The applicant failed to attend the scheduled hearing despite receiving notice.

The Ontario Labour Relations Board dismissed the application due to the applicant's failure to appear.

Roch Menard v. Cannington Excavating 1989 Ltd., 2000 CanLII 12596

John Morgan Lewis

OLRBOntario Labour Relations BoardJul 13, 2000

Unfair labour practice complaint adjourned sine die due to CCAA stay of proceedings.

The applicant union filed an unfair labour practice complaint under section 96 of the Labour Relations Act, 1995.

The responding employers requested that the matter be dismissed pursuant to an Ontario Superior Court of Justice order staying all proceedings against them under the Companies' Creditors Arrangement Act.

The Board found that the proceedings were stayed until December 31, 2000, by the court order, and accordingly adjourned the matter sine die for a period not exceeding one year.

United Food and Commercial Workers International Union, Local 175 v. Delmoro Funeral Home Ltd., 2000 CanLII 12313

John Morgan Lewis

Application withdrawn with leave of the Board.

The applicants requested to withdraw their application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

Ontario Sheet Metal Workers’ and Roofers Conference v. Vollmer & Associates, 2000 CanLII 1203

John Morgan Lewis

Panel ruled it is not seized of the matter as no evidence was called.

The applicant brought a matter before the Ontario Labour Relations Board.

As no evidence was called, the Vice-Chair ruled that the panel was not seized of the matter.

Promco Inc. v. Shelly Longbottom-Patrie and Ministry of Labour, 2000 CanLII 6707

John Morgan Lewis

Application withdrawn with leave of the Board.

The applicants, International Union of Elevator Constructors Local 90 and Roger Hennings, sought to withdraw their application against the responding party, Kone Elevator Inc. The Ontario Labour Relations Board granted leave and the application was withdrawn.

International Union of Elevator Constructors Local 90 & Roger Hennings v. Kone Elevator Inc., 2000 CanLII 1549

John Morgan Lewis

Application withdrawn with leave of the Board.

The applicant sought to withdraw her application against the responding parties.

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

Shelley Dolson v. Dr. Ursula Glackin and Ministry of Labour, 2000 CanLII 7530

John Morgan Lewis

Hearing adjourned on consent of the parties.

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

On agreement of the parties, the hearing scheduled for July 4, 2000 was adjourned to a date to be set by the Registrar.

Labourers’ International Union of North America, Local 1059 v. Eton Construction (Canada) Inc., 2000 CanLII 7579

John Morgan Lewis

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 neither party requests to proceed.

The International Union of Painters and Allied Trades, District Council 46 (Locals 1819 & 1824) v. Westmount Storefront Systems Ltd., 2000 CanLII 3717

John Morgan Lewis

OLRBOntario Labour Relations BoardJun 30, 2000

Board directs union to file representations on employer's request to dismiss application due to CCAA stay.

The applicant union filed an unfair labour practice complaint under section 96 of the Labour Relations Act, 1995.

The responding employers filed a response indicating that an Ontario Superior Court of Justice order stayed all proceedings against them pursuant to the Companies' Creditors Arrangement Act, and requested the application be dismissed.

The Board directed the applicant to file representations regarding the responding parties' request.

United Food and Commercial Workers International Union, Local 175 v. Delmoro Funeral Home Ltd., 2000 CanLII 12314

John Morgan Lewis

OLRBOntario Labour Relations BoardJun 29, 2000

Board corrects typographical error in file number reference in previous decision.

The Ontario Labour Relations Board issued a decision to correct a typographical error in paragraph 5 of its previous decision dated June 29, 2000.

The reference to Board File No. 0078-00-G was revised to read Board File No. 0798-00-G.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Marilyn and/or Gale Knott c.o.b. as MMK Enterprises Steel Placing and/or Peterborough Reinforcing and G.E.K. Contracting Limited, 2000 CanLII 10497

John Morgan Lewis

OLRBOntario Labour Relations BoardJun 29, 2000

Default judgment granted declaring responding parties a single employer bound by the collective agreement.

The applicant union filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995, seeking a declaration that the responding parties constitute a single employer and are bound by the applicable collective agreement.

The responding parties failed to file a response.

The Board deemed the facts alleged in the application to be accepted and granted the requested declarations, finding that the responding parties carried on associated or related businesses under common direction and control.

The Board also directed the listing of a related grievance referral for hearing.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Marilyn and/or Gale Knott c.o.b. as MMK Enterprises Steel Placing and/or Peterborough Reinforcing and G.E.K. Contracting Limited, 2000 CanLII 12642

John Morgan Lewis

OLRBOntario Labour Relations BoardJun 28, 2000

Application to suspend health and safety inspector's orders pending appeal dismissed due to worker safety concerns.

The applicant employer sought to suspend three orders issued by a health and safety inspector following a workplace incident, pending an appeal of those orders.

The Board applied the three-part test for suspending an order under s. 61(7) of the Occupational Health and Safety Act.

Finding that the orders clearly impacted worker safety, the applicant failed to demonstrate significant prejudice or a strong prima facie case for a successful appeal.

The application for suspension was dismissed.

Provincial Papers Inc. v. Communications Energy and Paperworkers’ Union Local 279, 2000 CanLII 12339

John Morgan Lewis

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJun 27, 2000

Consent adjournment sine die granted for three jurisdictional dispute applications.

The Ontario Labour Relations Board granted a consent request to adjourn three jurisdictional dispute applications sine die for a period not exceeding one year.

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

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Locals 128 and 555 v. Sheet Metal Workers International Association, Local 397, 2000 CanLII 1777

John Morgan Lewis

OLRBOntario Labour Relations BoardJun 27, 2000

Duty of fair representation complaint dismissed as premature while underlying grievances were still being processed.

The applicant filed a duty of fair representation complaint against his union and former employer, alleging a breach of section 74 of the Labour Relations Act, 1995.

The Board dismissed the complaint against the employer because section 74 does not apply to employers.

The Board also dismissed the complaint against the union without prejudice, finding it premature because the union was still processing the applicant's grievances regarding his termination and denial of disability benefits.

Athanasios (Tom) Kirou v. Bertrand Faure Components Ltd. and United Steel Workers of America, Local 8694, 2000 CanLII 12104

John Morgan Lewis

G. Pickell

OLRBOntario Labour Relations BoardJun 23, 2000

G. McMenemy

OLRB0 cases1993–2001

Grievance referral adjourned sine die on consent of the parties.

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 would be deemed terminated if no party requested to proceed.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Laurent Poulin c.o.b. as CMC-Carrier Mausoleum Construction, 2000 CanLII 4930

John Morgan Lewis

G. Pickell