John Morgan Lewis

OLRBOntario Labour Relations BoardJun 19, 2000

Duty of fair representation application dismissed for failing to establish a prima facie case and prematurity.

The applicant filed an application under section 96 of the Labour Relations Act, 1995, alleging that the union and the employer violated section 74 of the Act.

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

The Board also dismissed the application against the union, finding that the applicant failed to plead sufficient material facts to establish a prima facie case of a breach of the duty of fair representation.

Furthermore, allegations regarding a specific grievance were dismissed as premature because the grievance procedure had not yet been exhausted.

Abdalla Salem Abunour v. H.E.R.E. Local 75, 2000 CanLII 13023

Board issues consent order resolving unjust discharge and refusal to hire grievances for $10,500.

The applicant union referred two grievances to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging unjust discharge and refusal to hire the grievor.

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

The Board issued a consent order directing the responding party to pay $10,500 in trust to the union, requiring the grievor to indemnify the parties regarding statutory deductions, and ordering the responding party to post notices acknowledging the union's right to appoint stewards and agreeing not to discriminate against them.

International Union of Operating Engineers, Local 793 v. Con-Drain Company (1983) Ltd., 2000 CanLII 3700

John Morgan Lewis

OLRBOntario Labour Relations BoardJun 19, 2000

Adjournment request denied where applicant sought delay due to moving on the hearing date.

The applicant requested an adjournment of a hearing scheduled for June 28, 2000, on the basis that the applicant was moving on that date.

The responding party did not consent.

The Ontario Labour Relations Board denied the request, noting its reluctance to adjourn matters for a party's convenience without consent, but stated the request could be renewed at the commencement of the hearing.

Boots and Balls Sports Inc. v. Marie White and Ministry of Labour, 2000 CanLII 11829

John Morgan Lewis

OLRBOntario Labour Relations BoardJun 15, 2000

Request for reconsideration dismissed as it was merely an attempt to reargue the case.

The applicants requested a reconsideration of the Board's decision dated April 20, 2000.

The Board noted its broad discretion under section 114(1) of the Labour Relations Act, 1995 to reconsider decisions, but emphasized that it only does so when there are good and valid reasons, such as an obvious error, important policy issues, new evidence, or lack of previous opportunity to make representations.

Finding that the applicants' request was merely an attempt to reargue the case and did not fall within any of the accepted grounds, the Board dismissed the request for reconsideration.

My Building Corporation v. Labourers’ International Union of North America Local 183, 2000 CanLII 12684

J. Craig Morrison

4 cases2000–2013

John Morgan Lewis

J. G. Knight

A. Haward

OLRBOntario Labour Relations BoardJun 14, 2000

Board enforces settlement agreement and orders principal to pay $137,000 due to company's default.

The applicant union sought to enforce Minutes of Settlement against the responding company and its principal, Rocco Cambareri.

The company had defaulted on its payment schedule and breached the collective agreement, triggering a personal liability clause in the settlement.

The responding parties failed to file a proper response or attend the hearing.

The Board deemed the facts asserted by the applicant to be accepted, found that the conditions precedent for personal liability had been met, and ordered Rocco Cambareri to pay $137,000 to the applicant.

Operative Plasterer’s and Cement Masons’ International Association of the United States and Canada – Local Union 124 v. Cambareri Construction Inc., 2000 CanLII 12773

James Lenoury

8 cases1989–2026

John Morgan Lewis

OLRBOntario Labour Relations BoardJun 5, 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 subsequently entered into Minutes of Settlement resolving all issues in dispute, which included a payment of $9,500 to the applicant.

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

Penny-Lynn McDonald v. Post Producers Digital Ltd., 2000 CanLII 10082

John Morgan Lewis

OLRBOntario Labour Relations BoardJun 2, 2000

Board deferred decision on suspension of safety orders to allow mediation by Labour Relations Officer.

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

The Board noted that the parties appeared to be in substantial agreement regarding compliance with the first order and that the main dispute regarding the second order concerned the compliance date.

The Board declined to issue a decision on the suspension request immediately, instead appointing a Labour Relations Officer to meet with the parties to canvass the possibility of a settlement.

The Crown in Right of Ontario (Ministry of Correctional Services) v. Ontario Public Service Employees Union, 2000 CanLII 12551

John Morgan Lewis

Application withdrawn with leave of the Board.

The applicant requested to withdraw their application against Cortina Kitchens Inc. and the Ministry of Labour.

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

Jawahar Karamchand v. Cortina Kitchens Inc. and Ministry of Labour, 2000 CanLII 7013

John Morgan Lewis

G. Pickell

A. Haward

Board directs representation vote in construction industry certification application after employer fails to respond.

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

The responding party failed to file a response within the stipulated time.

Based on the application and membership evidence, the Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board determined the appropriate bargaining unit and directed that a representation vote be taken.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Tomart Tile Ltd., 2000 CanLII 7031

John Morgan Lewis

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

The applicant union sought to enforce minutes of settlement under section 96 of the Labour Relations Act, 1995, 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 employers to have accepted the facts in the application and ordered them to pay the $17,000 settlement amount according to the agreed schedule.

Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada v. Newmarch Inc., 2000 CanLII 11957

John Morgan Lewis

Employers ordered to pay $17,000 after failing to respond to application enforcing minutes of settlement.

The applicant union filed an application under section 96 of the Labour Relations Act, 1995 to enforce minutes of settlement against the responding employers.

The employers failed to file a response to the application.

Pursuant to Rule 41 of the Board's Rules of Procedure, the Board deemed the employers to have accepted all facts stated in the application and found they failed to comply with the settlement.

The Board ordered the employers to pay the union the agreed sum of $17,000.

Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, and the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Newmarch Inc. an Newmarch Mechanical Inc., 2000 CanLII 11955

Ursula Boylan

16 cases1995–2003

Jamie Knight

4 cases1997–2001

John Morgan Lewis

Application dismissed on joint submissions for failing to disclose a violation of the Labour Relations Act.

The applicant filed an application alleging a violation of the Labour Relations Act, 1995.

Having considered the joint submissions of the parties, the Ontario Labour Relations Board dismissed the application as it did not disclose a violation of the Act.

The Board also amended the style of cause to reflect the correct name of the applicant.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Duplex Electrical Limited, 2000 CanLII 12134

John Morgan Lewis

G. Pickell

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 and the application was withdrawn.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Black & McDonald Limited, 2000 CanLII 2256

James Fyshe

32 cases1981–2011

Hugh Scher

13 cases2000–2016

Dennis Carter

2 cases1994–2000

Ben Dalimonte

1 case2000–2000

John Morgan Lewis

J. G. Knight

G. McMenemy

Employer ordered to pay damages for breaching union security provision despite good faith subcontracting attempt.

The union referred a grievance to arbitration regarding the employer's violation of the union security provisions of the collective agreement by employing non-union members.

In a prior decision, the Board found the employer liable.

In this decision on damages, the Board held that the breach of the collective agreement gave rise to a claim for damages because the union had unemployed members who were ready, willing, and able to perform the work.

The Board rejected the employer's argument that its good faith in attempting to enter into a bona fide subcontract should relieve it from paying damages.

The employer was ordered to pay $18,751.44 to the union.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 599 v. Heritage Mechanical Limited, 2000 CanLII 13220

John Morgan Lewis

G. Pickell

A. Haward

Employer ordered to pay unpaid union fund contributions after failing to respond to grievance referral.

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 remit Stabilization Fund contributions as required by the Provincial 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 found the employer violated the collective agreement and ordered it to pay $698.51 in unpaid contributions and $214 in costs.

International Brotherhood of Electrical Workers, Local 530 v. 469946 Ontario Limited c.o.b. as B & B Enterprises, 2000 CanLII 5089

John Morgan Lewis

G. Pickell

G. McMenemy

Adjournment of damages hearing pending judicial review denied to ensure expeditious resolution of grievance.

The responding party requested an adjournment of a scheduled hearing on damages, arguing that the matter should be deferred pending the disposition of its application for judicial review of the Board's prior decision on liability.

The Board denied the request, noting that the responding party did not claim prejudice and that section 133 of the Labour Relations Act, 1995 requires grievances to be processed expeditiously.

The Board found that the balance of convenience favoured proceeding to hear the evidence while it was reasonably fresh.

International Union of Bricklayers and Allied Craftsmen, Local 6 v. Marathon-Delco Inc., 2000 CanLII 12779

John Morgan Lewis

Application withdrawn with leave of the Board.

The applicant, Prince Metal Products Limited, sought to withdraw its application against the Teamsters, Chauffeurs, Warehousemen & Helpers Union, Local 880 and the Ministry of Labour.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Prince Metal Products Limited v. Teamsters, Chauffeurs, Warehousemen & Helpers Union, Local 880, 2000 CanLII 6376

John Morgan Lewis

Application for review terminated due to applicant's failure to file the required form.

The applicant purported to apply for a review under the Employment Standards Act but failed to use the required Form A-69.

The Board's Registrar notified the applicant of the deficiency and provided a 10-day deadline to submit the proper form.

As the applicant failed to file the completed form within the specified time, the Board terminated the proceeding.

North Top v. Ministry of Labour, 2000 CanLII 8850

John Morgan Lewis

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardMay 30, 2000

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

The Board noted 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 that a representation vote be held.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Boyd Electric Company Limited, 2000 CanLII 6801

John Morgan Lewis

G. Pickell

G. McMenemy