John Morgan Lewis

OLRBOntario Labour Relations BoardJun 23, 2000

Application withdrawn with leave of the Board.

The applicant, The Corporation of the City of Thunder Bay, sought to withdraw its application.

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

The Corporation of the City of Thunder Bay v. Amalgamated Transit Union, Local 966, 2000 CanLII 1294

Applications withdrawn with leave of the Board against Technisigns Inc.

The applicant requested to withdraw its applications against the responding party, Technisigns Inc. The Ontario Labour Relations Board granted the request and the applications were withdrawn with leave of the Board.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Vanbots Construction Corporation, 2000 CanLII 4617

John Morgan Lewis

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJun 23, 2000

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 neither party requested to proceed.

Drywall Acoustic Lathing and Insulation Local 675 v. 1151078 Ontario Inc., 2000 CanLII 3216

John Morgan Lewis

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJun 23, 2000

Application withdrawn with leave of the Board.

The applicant, Millwright Regional Council of Ontario, sought to withdraw its application against Algoma Construction Services Inc. The Ontario Labour Relations Board granted leave to withdraw the application.

Millwright Regional Council of Ontario v. Algoma Construction Services Inc., 2000 CanLII 1443

John Morgan Lewis

G. Pickell

G. McMenemy

Grievance referral adjourned sine die on consent for up to 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 no party requests to proceed.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall Concord Ltd., 2000 CanLII 1757

John Morgan Lewis

J. G. Knight

A. Haward

Board reconsiders and rescinds previous decision issued without a hearing at applicant's request.

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

The Board initially issued a decision without a hearing based on the applicant's request.

The applicant subsequently requested that the Board cancel its decision and proceed to a scheduled hearing.

The Board reconsidered and rescinded its previous decision, ordering the matter to proceed to hearing.

Labourers’ International Union of North America, Local 1059 v. Eton Construction (Canada) Inc., 2000 CanLII 6516

John Morgan Lewis

Employer's request to suspend occupational health and safety order pending appeal granted.

The applicant employer sought to suspend two orders issued by a Ministry of Labour inspector following an assault on a correctional officer by young offender inmates.

The first order required officers to remain in full view of another officer, which the applicant had already complied with, rendering the suspension request moot.

The second order required a comprehensive hazard analysis and risk assessment.

The Board granted the request to suspend the second order pending appeal, finding that the immediate safety concerns were addressed by compliance with the first order, suspension would not endanger worker safety, and the applicant would suffer prejudice from the significant costs of completing the analysis before the appeal was heard.

The Crown in Right of Ontario (Ministry of Correctional Services) v. Ontario Public Service Employees Union, 2000 CanLII 12550

John Morgan Lewis

G. Pickell

G. McMenemy

Application adjourned sine die on consent for a period not exceeding 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.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Aspen Drywall Inc., 2000 CanLII 2059

John Morgan Lewis

G. Pickell

G. McMenemy

Application withdrawn with leave of the Board.

The applicant, Sheet Metal Workers International Association, Local 539, sought to withdraw its application against Doug Chalmers Construction.

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

Sheet Metal Workers International Association, Local 539 v. Doug Chalmers Construction, 2000 CanLII 4882

John Morgan Lewis

Application withdrawn with leave of the Board.

The applicant, C.A.W. Local 1256, sought to withdraw its application against Lear Corporation and the Ministry of Labour.

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

C.A.W. Local 1256 v. Lear Corporation, 2000 CanLII 5099

John Morgan Lewis

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

The parties agreed to adjourn the applications sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, noting that the matters would be deemed terminated if neither party requested to proceed within that time.

United Brotherhood of Carpenters and Joiners of America, Local 2041 v. Doran Contractors Ltd., 2000 CanLII 4082

John Morgan Lewis

G. Pickell

G. McMenemy

Application withdrawn with leave of the Board.

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

The Board granted leave to withdraw the application.

Labourers’ International Union of North America, Local 1059 v. Newman Bros. Limited, 2000 CanLII 9811

John Morgan Lewis

Board enforces $17,000 settlement agreement after employers fail to respond to application.

The applicant union sought to enforce minutes of settlement under section 96 of the Labour Relations Act after the responding employers stopped payment on the first settlement cheque and failed to file a response to the application.

Pursuant to Rule 41 of the Board's Rules of Procedure, the Board deemed the responding parties to have accepted all facts stated in the application.

The Board ordered the responding parties to pay the agreed settlement sum of $17,000 in accordance with the payment schedule.

Ontario Pipe Trades Council et al. v. Newmarch Inc. an Newmarch Mechanical Inc., 2000 CanLII 11956

John Morgan Lewis

G. Pickell

A. Haward

Request for reconsideration dismissed as the Board properly drew inferences from the pleaded facts.

The responding party requested reconsideration of a Board decision which found that the facts it alleged could not give rise to a finding of abandonment of bargaining rights.

The responding party argued the Board improperly considered facts not set out in the response or documents filed.

The Board reviewed its jurisprudence on reconsideration and found that it had properly noted the lack of evidence regarding the affiliated bargaining agents' knowledge and had appropriately drawn inferences from the pleaded facts.

The request for reconsideration was dismissed.

Labourers’ International Union of North America, Local 506 v. C.S.B.I. Contracting Ltd., 2000 CanLII 13069

John Morgan Lewis

G. Pickell

G. McMenemy

Grievance referral allowed on default; employer found to have violated collective agreement.

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

The responding employer failed to file a Request for Hearing and Notice of Intent to Defend within the required time.

Pursuant to the Board's Rules of Procedure, the Board deemed the responding party to have accepted all facts stated in the application.

The Board declared that the responding party was bound by the collective agreement and had violated it.

The Board directed the responding party to pay $214.00 and scheduled a hearing to assess the quantum of damages.

The International Union of Painters and Allied Trades, District Council 46, Local 1891 v. Golden Drywall Ltd., 2000 CanLII 9672

John Morgan Lewis

Application for review of Order to Pay terminated due to employer's failure to file proper forms.

The employer sought an application for review of an Order to Pay under the Employment Standards Act.

The Board notified the employer that the application was not filed on the correct form and provided an extension to file properly.

The employer failed to submit the required forms within the extended time limit.

The Board terminated the matter.

Fitzgerald Insurance v. Ministry of Labour, 2000 CanLII 10293

John Morgan Lewis

J. G. Knight

A. Haward

Grievance allowed in default proceeding; employer ordered to pay damages for collective agreement violation.

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

The responding party failed to file a Request for Hearing and Notice of Intent to Defend within the required time.

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 responding party bound by the Collective Agreement, declared it had violated the agreement, and ordered it to pay $3,090.00 in damages plus $214.00 in costs.

The scheduled hearing was cancelled.

Labourers’ International Union of North America, Local 1059 v. Eton Construction (Canada) Inc., 2000 CanLII 9019

John Morgan Lewis

J. G. Knight

A. Haward

Representation vote directed 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 disputed the number of employees in the bargaining unit and gave notice under section 8.1 of the Act.

The Board held that section 8.1 does not apply to construction industry certification applications and declined to seal the ballot box on that basis.

Finding that the applicant had the requisite membership support, the Board defined the appropriate bargaining unit and directed a representation vote.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 221 v. Prime Mechanical Inc., 2000 CanLII 10891

John Morgan Lewis

J. G. Knight

A. Haward

Employer ordered to pay over $72,000 in unpaid benefit contributions in default grievance proceeding.

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 monthly benefit contributions.

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

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

The Board ordered the employer to pay $72,345.36 in unpaid contributions, plus costs, and directed a hearing to calculate damages for the remaining month.

Brick and Allied Craft Union of Canada Local 31 v. E. Belluz & Son Tile & Marble Ltd., 2000 CanLII 6247

John Morgan Lewis