John Morgan Lewis

OLRBOntario Labour Relations BoardNov 30, 2001

Application adjourned sine die on consent of the parties.

The applicant filed an application against the responding party union.

On the agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no request to proceed is made.

Rheal Cote v. United Brotherhood of Carpenters and Joiners of America Local 2486, 2001 CanLII 6402

John Morgan Lewis

OLRBOntario Labour Relations BoardNov 27, 2001

Board directed parties to file submissions regarding the counting of ballots in a representation vote.

The applicant union sought to have the Board direct the counting of ballots cast in a representation vote, asserting that the bargaining unit description was no longer in dispute following a previous Board decision.

The intervenor unions did not dispute the displacement nature of the application but requested it be dismissed or held in abeyance pending other Board files.

The Board directed the responding party and the International Union of Bricklayers and Allied Craftworkers to file submissions on the matters raised.

Brick and Allied Craft Union of Canada v. The Babcock and Wilcox Company, 2001 CanLII 20277

Grievance allowed in default; employer ordered to pay damages and costs for collective agreement violations.

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

The responding party employer failed to attend the hearing.

The Board proceeded in the employer's absence, declared the employer bound to the Provincial Collective Agreement, found it violated the agreement, and ordered it to pay $4,430.45 in damages and $749.00 in costs.

Universal Workers Union, L.I.U.N.A., Local 183 v. Finishing Touch Concrete & Excavating Inc., 2001 CanLII 9627

John Morgan Lewis

Application for union certification withdrawn with leave of the Board.

The applicant union requested to withdraw its application for certification.

The Ontario Labour Relations Board granted leave to withdraw the application and directed the parties' attention to section 7(9) of the Labour Relations Act, 1995 regarding any future applications.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Highview Plumbing & Heating, 2001 CanLII 19502

John Morgan Lewis

Application withdrawn with leave of the Board.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 to withdraw the application.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Octavian Mihai Pinte c.o.b. as Otto’s Contractor, 2001 CanLII 18471

John Morgan Lewis

Application withdrawn at the request of the applicant.

The applicant, NOVA Chemicals (Canada) Ltd., filed an application with the Ontario Labour Relations Board.

Having regard to correspondence dated November 21, 2001, the Board noted that the application was withdrawn.

NOVA Chemicals (Canada) Ltd. v. Communications, Energy & Paperworkers Union of Canada, 2001 CanLII 16964

John Morgan Lewis

Applications withdrawn by the applicant.

The applicant, NOVA Chemicals (Canada) Ltd., sought to withdraw its applications before the Ontario Labour Relations Board.

Having regard to correspondence dated November 21, 2001, the Board ordered the applications withdrawn.

NOVA Chemicals (Canada) Ltd. v. Communications, Energy & Paperworkers Union of Canada, 2001 CanLII 10430

John Morgan Lewis

Board issues consent order for $10,000 in damages and a $20,000 bond for collective agreement violations.

The applicant union referred a construction industry grievance to the Board.

Prior to the hearing, the parties entered into a Memorandum of Agreement settling the matter.

The Board issued a consent order declaring the responding parties bound by the collective agreement, finding they violated it, and directing them to pay $10,000 in damages and post a $20,000 bond.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Repete Builders Services Ltd., 2001 CanLII 8220

John Morgan Lewis

Time for responding party to file submissions extended to December 4, 2001.

The Ontario Labour Relations Board granted an extension of time for the responding party to file its submissions, setting a new deadline of December 4, 2001.

Paul Barber v. Maintenance Construction Skilled Trades Council, 2001 CanLII 14975

John Morgan Lewis

Board directs union to file submissions on employer's request for production of out-of-work list documents.

The responding parties in a grievance proceeding requested the production of documents and particulars relating to the union's out-of-work list, members' qualifications, work history, and union dues.

The Ontario Labour Relations Board directed the applicant union to file its submissions regarding the request by a specified date.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. MacIsaac Mining and Tunneling Company and MacRanald Enterprises Inc., 2001 CanLII 12248

John Morgan Lewis

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

The applicant union and responding parties 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 no party requests to proceed.

Ontario Public Service Employees Union v. Whitby Jail and Ministry of Labour, 2001 CanLII 9557

John Morgan Lewis

Application for review of Order to Pay terminated following Minutes of Settlement between employer and employee.

The employer applied for a review of an Order to Pay issued by an Employment Standards Officer.

The employer and the employee entered into Minutes of Settlement agreeing to the disbursement of funds held in trust by the Director.

The Board ordered the funds disbursed in accordance with the settlement, subject to any written objection by the Ministry of Labour within 10 days, and terminated the application.

D.K. Design v. Darrell Pynn and Ministry of Labour, 2001 CanLII 6104

John Morgan Lewis

Application for review of Order to Pay terminated following parties' Minutes of Settlement.

The employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The employer and the employee entered into Minutes of Settlement to resolve the matter, agreeing to disburse the $11,000 held in trust by the Director.

The Board ordered the funds disbursed in accordance with the settlement, with $8,000 paid as a retiring allowance to the employee, $2,000 returned to the employer, and $1,000 retained by the Consolidated Revenue Fund.

The application was terminated pursuant to section 69.1(5) of the Act.

CPI Plastics Group Ltd. v. Teresa Caparrotta and Ministry of Labour, 2001 CanLII 5816

John Morgan Lewis

Representation vote ordered in construction industry certification application with ballot box sealed.

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 applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Act.

The Board found that the applicant had the requisite membership support to order a representation vote for the proposed bargaining unit of plumbers and plumbers' apprentices.

The Board directed that a representation vote be held and, given the section 8.1 notice, ordered the ballot box to be sealed.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Highview Plumbing & Heating, 2001 CanLII 5425

John Morgan Lewis

Application for review of Order to Pay terminated following Minutes of Settlement between employer and employee.

The employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The employer and the employee entered into Minutes of Settlement to resolve the matter, agreeing to disburse the funds held in trust by the Director.

The Board ordered the funds disbursed in accordance with the settlement and terminated the application pursuant to section 69.1(5) of the Act.

Shoe Barn Inc. v. Shakila Hashorzada and Ministry of Labour, 2001 CanLII 4380

John Morgan Lewis

Employer ordered to post $10,000 bond and pay costs after failing to respond to grievance.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to remit required contributions and deductions.

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 that the employer violated the collective agreement and ordered it to post a $10,000 surety bond, pay $450 in costs, and pay $214 pursuant to section 133(13) of the Act.

Carpenters District Council of Ontario v. J.P. Rowland Construction Ltd., 2001 CanLII 4342

John Morgan Lewis

Application for review under the Employment Standards Act 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 with the assistance of a Labour Relations Officer, agreeing to a payment of $500 to resolve all outstanding issues.

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

Madeleine van den Hurk v. Renaissance Design Inc. and Ministry of Labour, 2001 CanLII 3128

John Morgan Lewis

OLRBOntario Labour Relations BoardNov 21, 2001

Representation vote directed in certification application with ballots segregated due to bargaining unit disputes.

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

The responding party employer filed a notice under section 8.1 of the Act, disputing the applicant's estimate of employees at work and the proposed bargaining unit description, and asserting the applicant was not entitled to a province-wide bargaining unit in the ICI sector.

The Board declined to determine the appropriate bargaining unit at this stage but directed a representation vote for the largest possible voting constituency, ordering that the ballots be segregated and the ballot box sealed pending resolution of the disputes.

Brick and Allied Craft Union of Canada, Local 31 v. G.M. Tile Ltd., 2001 CanLII 10548

John Morgan Lewis

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application against the responding parties.

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

Bird Packaging Ltd. v. Izydor Pietrzkiewicz, 2001 CanLII 3498

John Morgan Lewis

Employment and Labour Law

Application for review of Employment Standards Officer's decision dismissed for untimeliness.

The applicant sought a review of an Employment Standards Officer's refusal to issue an Order to Pay.

The application was filed beyond the 45-day statutory time limit.

Despite being invited to provide reasons for the delay, the applicant failed to address the untimeliness or offer any basis for an extension.

The Board dismissed the application as untimely.

Faye Karoutas v. Comfort Inn by Journey’s End, 2001 CanLII 20821

appearing on his own behalf

Gerald HooeySelf-represented
1 appearance

for 1078266 Ontario Ltd. c.o.b. as Jo Jo Trucking

Patrick F. MilloyCounsel
1 appearance
Joe FranciscoAgent
1 appearance

for B.G. Schickedanz Homes Inc. and Deerfield-Schickedanz and Kansun Homes Limited and My Building Corporation

J. PostnikoffCounsel
1 appearance

for Black & MacDonald Limited

Michael CalettiAgent
1 appearance
Mike SharpAgent
1 appearance
Daniel BrennanAgent
1 appearance
Michael S. RuddyCounsel
1 appearance

for Cannington Excavating 1989 Ltd.

Kelli BakerAgent
1 appearance

for Cobra

Dario ValenteAgent
1 appearance
Vince SciannellaAgent
1 appearance

for Dibblee Paving and Materials Ltd.

Eric YonkeCounsel
1 appearance
Michael S. RuddyCounsel
1 appearance
John WrayCounsel
1 appearance

for Don Park Inc.

Scott WilliamsCounsel
1 appearance
Jack Van BeurdenCounsel
1 appearance

for Electrical Power Systems Construction Association

Pat MoranCounsel
1 appearance
Rick CurrieAgent
1 appearance

for Ellis-Don Construction Ltd.

Peter HubrechtAgent
1 appearance

for EPSCA

Rick CurrieCounsel
2 appearances
M. Patrick MoranCounsel
1 appearance

for Frank Pietrangelo c.o.b. as Nu Trend Drywall

Frank PietrangeloSelf-represented
1 appearance

for herself

Michelle BurkeSelf-represented
1 appearance

for himself

Samuel JonasSelf-represented
1 appearance
David (Mohamed) AkhlaghiSelf-represented
1 appearance

for IBEW Local 120

John J. O’BrienUnion representative
1 appearance

for IBEW Local 353

Mike OramUnion representative
1 appearance
Richard BlairCounsel
1 appearance

for International Union of Operating Engineers, Local 793

André ChénierUnion representative
1 appearance
Rick KerrUnion representative
1 appearance

for IUOE Local 793

Ben BarnesCounsel
1 appearance
Monti RoseCounsel
1 appearance
Robert GibsonCounsel
1 appearance

for Jack Bird Plumbing & Heating Ltd.

J. Paul WearingCounsel
1 appearance

for Ken Fields

David DeluzioCounsel
1 appearance
Ken FieldsSelf-represented
1 appearance

for Labourers

John MoszynskiCounsel
2 appearances
Victor ClaroCounsel
1 appearance

for Labourers’ International Union of North America, Local 183

S. WahlCounsel
1 appearance

for Labourers’ International Union of North America, Local 247 and Local 506

John MoszynskiCounsel
1 appearance

for Labourers’ International Union of North America, Local 527

Luigi CarrozziUnion representative
1 appearance
Daniel RandazzoCounsel
1 appearance
Bernardino CarrozziUnion representative
1 appearance

for LIUNA 1059

Manuel S. ReisUnion representative
1 appearance

for LIUNA, Local 183

Nicholas KeresztesiCounsel
1 appearance

for LIUNA Local 506

Armando CamaraUnion representative
1 appearance
John MoszynskiCounsel
1 appearance

for Ministry of Correctional Services

Robert LundyAgent
1 appearance

for National Capital Road Builders Association

Wally LangleyCounsel
1 appearance
Kathleen GrimesCounsel
1 appearance

for Ontario Sheet Metal Workers’ and Roofers’ Conference and Sheet Metal Workers’ International Association, Local 269

Jerry RasoCounsel
1 appearance
Steve ConkrightUnion representative
1 appearance

for OPSEU

Robert DeMatteoUnion representative
1 appearance

for Priestly Demolition

Robert N. SingerCounsel
1 appearance

for Priestly Demolition Inc.

Robert N. SingerCounsel
2 appearances

for Rockwell Automation Canada Inc.

John PickthorneAgent
1 appearance
M. D. ContiniCounsel
1 appearance
Rick BaldwinAgent
1 appearance

for Sheet Metal Workers’ International Association Local Union 285

Bernard FishbeinCounsel
1 appearance
Louie PetriccaCounsel
1 appearance

for T. A. Andre & Sons (Ontario) Ltd.

Rod PollockCounsel
1 appearance

for T.A. Andre & Sons (Ontario) Ltd.

Rod PollockCounsel
1 appearance

for Teamsters, Chauffeurs, Warehousemen and Helpers Union Local 880

Gary KitchenAgent
1 appearance
Don BilletteAgent
1 appearance
David WatsonCounsel
1 appearance

for Teamsters Local 230

J. RobbinsCounsel
1 appearance

for the applicant

M. O’BrienCounsel
4 appearances
Ursula BoylanCounsel
3 appearances
Michael O’BrienUnion representative
2 appearances
James FysheCounsel
1 appearance
Harold St. CroixCounsel
1 appearance
James McMahonAgent
1 appearance
Sime MitrevskiUnion representative
1 appearance
Alexander AheeCounsel
1 appearance
Gordon NyeCounsel
1 appearance
Dermot LynchUnion representative
1 appearance
Rocco DiGiovanniUnion representative
1 appearance
Jed HarrisonAgent
1 appearance
Joe ParisiAgent
1 appearance
Tommy LazicSelf-represented
1 appearance
Ameena SultanCounsel
1 appearance
Calvin BolgerUnion representative
1 appearance
M. O’BrienUnion representative
1 appearance
Edna LafleurAgent
1 appearance
Erin KuzzCounsel
1 appearance
John MontiAgent
1 appearance

for the Applicant

James Tod HuntSelf-represented
2 appearances
Dermot LynchUnion representative
1 appearance
Lister TennantUnion representative
1 appearance
James LeNouryCounsel
1 appearance
Chris BoschUnion representative
1 appearance
Abdalla Salem AbunourSelf-represented
1 appearance
Ian DeWaardUnion representative
1 appearance
B.B. NielsenUnion representative
1 appearance
Paul DalyUnion representative
1 appearance
Harold St. CroixAgent
1 appearance
Robert KucheranUnion representative
1 appearance
Faye KaroutasSelf-represented
1 appearance
Joe de WitUnion representative
1 appearance
Paul BarberSelf-represented
1 appearance
Walter TracognaUnion representative
1 appearance
Larry VenningUnion representative
1 appearance
Daniel RandazzoCounsel
1 appearance
A. Joseph RussoCounsel
1 appearance
Rose A. UsmanSelf-represented
1 appearance
Gerry MullenUnion representative
1 appearance

for the applicants

Steve CronkrightCounsel
1 appearance
J. RasoCounsel
1 appearance

for the Employee

Teresa D’AntonioSelf-represented
1 appearance
Mary DucaSelf-represented
1 appearance
Darrell PynnSelf-represented
1 appearance
Shakila HashorzadaSelf-represented
1 appearance
Teresa CaparrottaSelf-represented
1 appearance

for the employer

Susan NiczowskiAgent
1 appearance
Donald G. ChillmanCounsel
1 appearance
Susan UrselCounsel
1 appearance
Don ChillmanCounsel
1 appearance

for the Employer

Heather LarsenAgent
1 appearance
Sonja StevkovAgent
1 appearance
Menno DekleerSelf-represented
1 appearance
Juan GilSelf-represented
1 appearance
D. E. KingAgent
1 appearance

for the International Brotherhood of Electrical Workers, Local 586

Ken ScottUnion representative
1 appearance
John BourkeUnion representative
1 appearance
Robert MontiCounsel
1 appearance
James BarryUnion representative
1 appearance

for the intervenor

Al BudwayCounsel
1 appearance
Jerry RasoCounsel
1 appearance
Robert MacDougallCounsel
1 appearance
John CollinsCounsel
1 appearance

for the Ministry

Stephen MasonCounsel
1 appearance
Jeremy WarningCounsel
1 appearance
Alicia Gordon-FaganAgent
1 appearance
Stephen MasonAgent
1 appearance
Dolores DumontierAgent
1 appearance

for the Ministry of Labour

Victoria RondoCounsel
1 appearance
Heidi Ann Lazar-MeynCounsel
1 appearance
Judie ImCounsel
1 appearance
Murray KleinCounsel
1 appearance
Joe FerraroCounsel
1 appearance
L. EisenbergCounsel
1 appearance
Karen NortheyCounsel
1 appearance

for the Ontario Pipe Trades Council

Graham WilliamsonCounsel
1 appearance
A. M. MinskyCounsel
1 appearance
Garth CochraneCounsel
1 appearance

for the responding employer

Ildeko MehesAgent
1 appearance
John BrookesAgent
1 appearance
Vince BaucoAgent
1 appearance
Densley ButcherAgent
1 appearance

for the responding parties

Bob ShewbridgeUnion representative
1 appearance
N. L. JesinCounsel
1 appearance
Lisa S. GoodfellowCounsel
1 appearance
Alexander TroopCounsel
1 appearance
Ed JohnsonSelf-represented
1 appearance

for the Responding parties

Peter JefferyAgent
1 appearance

for the Responding Parties

Alex PietrangeloAgent
1 appearance
Michael WrightAgent
1 appearance
Robert N. SmithAgent
1 appearance

for the responding party

Jamie KnightCounsel
2 appearances
Wendy DumondAgent
2 appearances
Kathleen TuttonAgent
2 appearances
Joe D’AlessandroAgent
2 appearances
Ross HarrisAgent
1 appearance
Denis CoteAgent
1 appearance
Louje LazicAgent
1 appearance
Ed BraithwaiteAgent
1 appearance
Fabrizio GallucciCounsel
1 appearance
Roberto MoroccoAgent
1 appearance
Sam TedescoAgent
1 appearance
Adriano SgrignoliAgent
1 appearance
Ken RichardsonCounsel
1 appearance
John BaxterAgent
1 appearance
Ken ReidUnion representative
1 appearance
Fred CouttsAgent
1 appearance
Ray WerryCounsel
1 appearance
Ben DalimonteCounsel
1 appearance
Rebecca SaturleyAgent
1 appearance
Daniel LeoneCounsel
1 appearance

for the Responding party

Sam CostaAgent
1 appearance
Nicolas S. ShoushaAgent
1 appearance

for the Responding Party

Grace BarrowAgent
1 appearance
Craig ShlemkevichSelf-represented
1 appearance
Danielle HarrisAgent
1 appearance
Robert SchaefleinAgent
1 appearance
Antonio FontanaAgent
1 appearance
Richard LewkeSelf-represented
1 appearance
John SedgeAgent
1 appearance
Alex TroopAgent
1 appearance
Steve SavoyAgent
1 appearance
Erin BoothAgent
1 appearance

for the Trustee in Bankruptcy for Doug Hart

Teresa MicucciAgent
1 appearance

for the Union

Michael O'BrienUnion representative
2 appearances

for the United Association of Journeypersons and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787

Larry SteinbergCounsel
1 appearance
R. HarfordCounsel
1 appearance

for T.P. Andre & Sons

Rod PollokCounsel
1 appearance

for United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46

Jim HogarthCounsel
1 appearance
A. M. MinskyCounsel
1 appearance
Graham WilliamsonCounsel
1 appearance

on behalf of Bellefeuille Electric Limited

Michael S. RuddyCounsel
1 appearance
Dave BellefeuilleAgent
1 appearance

on behalf of Diversey Lever

Kimberly ChalkAgent
1 appearance
Ian JohnstoneAgent
1 appearance
Rebecca Van BakelAgent
1 appearance
Connie PalmerAgent
1 appearance

on behalf of International Brotherhood of Electrical Workers, Local 586

Ken ScottUnion representative
1 appearance
James BarryUnion representative
1 appearance
Robert MontiCounsel
1 appearance
Michael GottheilCounsel
1 appearance

on behalf of Portt Electric Limited

George RontirisCounsel
1 appearance
Dennis PorttAgent
1 appearance

on behalf of Reininger & Son Ltd.

Jane MacLellanAgent
1 appearance
Kevin D. MacNeillCounsel
1 appearance
Roger BateAgent
1 appearance
Harry BaberAgent
1 appearance
Aurel WusatiukAgent
1 appearance

on behalf of the applicant

Paul RigbySelf-represented
1 appearance
Denis ClearySelf-represented
1 appearance

on behalf of the Ministry of Labour

L. EisenbergCounsel
1 appearance
Mircho MirchevAgent
1 appearance
Karima ChaturCounsel
1 appearance

on behalf of United Food and Commercial Workers International Union, Local 333

Bill GilletteUnion representative
1 appearance
Craig FloodCounsel
1 appearance

on her own behalf

Angeli AnandSelf-represented
1 appearance
Janet SmitjesSelf-represented
1 appearance

on his own behalf

Adam BreakSelf-represented
1 appearance
Dieter SchwedaSelf-represented
1 appearance
Ravinder OberoiSelf-represented
1 appearance
James B. PayneSelf-represented
1 appearance

517

Decisions

Years active

Tribunals

21.5

cases/mo

OLRB517(100%)

Decision types

motion

349

appeal

trial

costs

/Adjudicator

John Morgan Lewis — Vice-Chair

Administrative Law

Other Tribunals

Construction Law

Bankruptcy and Insolvency Law

Human Rights

Indigenous Legal Issues

John Morgan Lewis

Vice-Chair·Ontario Labour Relations Board·Since 1999

517

cases · 3 yrs · OLRB

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 341Vice-Chair· 97Vice-Chair· 73Vice Chair· 4Vice-Chair· Chair· 1

John Morgan Lewis

OLRBOntario Labour Relations BoardNov 30, 2001

Application adjourned sine die on consent of the parties.

The applicant filed an application against the responding party union.

Rheal Cote v. United Brotherhood of Carpenters and Joiners of America Local 2486, 2001 CanLII 6402

John Morgan Lewis

OLRBOntario Labour Relations BoardNov 27, 2001

Board directed parties to file submissions regarding the counting of ballots in a representation vote.

The intervenor unions did not dispute the displacement nature of the application but requested it be dismissed or held in abeyance pending other Board files.

The Board directed the responding party and the International Union of Bricklayers and Allied Craftworkers to file submissions on the matters raised.

Brick and Allied Craft Union of Canada v. The Babcock and Wilcox Company, 2001 CanLII 20277

John Morgan Lewis

OLRBUnanimous (Wrote the reasons)0 cases1999–2001

J. Knight

OLRBUnanimous0 cases1998–2001

G. McMenemy

OLRBUnanimous0 cases1993–2001

OLRBOntario Labour Relations BoardNov 27, 2001

Grievance allowed in default; employer ordered to pay damages and costs for collective agreement violations.

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

The responding party employer failed to attend the hearing.

Universal Workers Union, L.I.U.N.A., Local 183 v. Finishing Touch Concrete & Excavating Inc., 2001 CanLII 9627

John Morgan Lewis

Application for union certification withdrawn with leave of the Board.

The applicant union requested to withdraw its application for certification.

The Ontario Labour Relations Board granted leave to withdraw the application and directed the parties' attention to section 7(9) of the Labour Relations Act, 1995 regarding any future applications.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Highview Plumbing & Heating, 2001 CanLII 19502

John Morgan Lewis

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 to withdraw the application.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Octavian Mihai Pinte c.o.b. as Otto’s Contractor, 2001 CanLII 18471

John Morgan Lewis

Application withdrawn at the request of the applicant.

The applicant, NOVA Chemicals (Canada) Ltd., filed an application with the Ontario Labour Relations Board.

Having regard to correspondence dated November 21, 2001, the Board noted that the application was withdrawn.

NOVA Chemicals (Canada) Ltd. v. Communications, Energy & Paperworkers Union of Canada, 2001 CanLII 16964

John Morgan Lewis

Applications withdrawn by the applicant.

The applicant, NOVA Chemicals (Canada) Ltd., sought to withdraw its applications before the Ontario Labour Relations Board.

Having regard to correspondence dated November 21, 2001, the Board ordered the applications withdrawn.

NOVA Chemicals (Canada) Ltd. v. Communications, Energy & Paperworkers Union of Canada, 2001 CanLII 10430

John Morgan Lewis

Board issues consent order for $10,000 in damages and a $20,000 bond for collective agreement violations.

The applicant union referred a construction industry grievance to the Board.

Prior to the hearing, the parties entered into a Memorandum of Agreement settling the matter.

The Board issued a consent order declaring the responding parties bound by the collective agreement, finding they violated it, and directing them to pay $10,000 in damages and post a $20,000 bond.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Repete Builders Services Ltd., 2001 CanLII 8220

John Morgan Lewis

Time for responding party to file submissions extended to December 4, 2001.

The Ontario Labour Relations Board granted an extension of time for the responding party to file its submissions, setting a new deadline of December 4, 2001.

Paul Barber v. Maintenance Construction Skilled Trades Council, 2001 CanLII 14975

John Morgan Lewis

Board directs union to file submissions on employer's request for production of out-of-work list documents.

The responding parties in a grievance proceeding requested the production of documents and particulars relating to the union's out-of-work list, members' qualifications, work history, and union dues.

The Ontario Labour Relations Board directed the applicant union to file its submissions regarding the request by a specified date.

United Brotherhood of Carpenters and Joiners of America, Local 2486 v. MacIsaac Mining and Tunneling Company and MacRanald Enterprises Inc., 2001 CanLII 12248

John Morgan Lewis

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

The applicant union and responding parties 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 no party requests to proceed.

Ontario Public Service Employees Union v. Whitby Jail and Ministry of Labour, 2001 CanLII 9557

John Morgan Lewis

Application for review of Order to Pay terminated following Minutes of Settlement between employer and employee.

The employer applied for a review of an Order to Pay issued by an Employment Standards Officer.

The employer and the employee entered into Minutes of Settlement agreeing to the disbursement of funds held in trust by the Director.

The Board ordered the funds disbursed in accordance with the settlement, subject to any written objection by the Ministry of Labour within 10 days, and terminated the application.

D.K. Design v. Darrell Pynn and Ministry of Labour, 2001 CanLII 6104

John Morgan Lewis

Application for review of Order to Pay terminated following parties' Minutes of Settlement.

The employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The employer and the employee entered into Minutes of Settlement to resolve the matter, agreeing to disburse the $11,000 held in trust by the Director.

The application was terminated pursuant to section 69.1(5) of the Act.

CPI Plastics Group Ltd. v. Teresa Caparrotta and Ministry of Labour, 2001 CanLII 5816

John Morgan Lewis

Representation vote ordered in construction industry certification application with ballot box sealed.

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 applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Act.

The Board found that the applicant had the requisite membership support to order a representation vote for the proposed bargaining unit of plumbers and plumbers' apprentices.

The Board directed that a representation vote be held and, given the section 8.1 notice, ordered the ballot box to be sealed.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Highview Plumbing & Heating, 2001 CanLII 5425

John Morgan Lewis

Application for review of Order to Pay terminated following Minutes of Settlement between employer and employee.

The employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The employer and the employee entered into Minutes of Settlement to resolve the matter, agreeing to disburse the funds held in trust by the Director.

The Board ordered the funds disbursed in accordance with the settlement and terminated the application pursuant to section 69.1(5) of the Act.

Shoe Barn Inc. v. Shakila Hashorzada and Ministry of Labour, 2001 CanLII 4380

John Morgan Lewis

Employer ordered to post $10,000 bond and pay costs after failing to respond to grievance.

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 that the employer violated the collective agreement and ordered it to post a $10,000 surety bond, pay $450 in costs, and pay $214 pursuant to section 133(13) of the Act.

Carpenters District Council of Ontario v. J.P. Rowland Construction Ltd., 2001 CanLII 4342

John Morgan Lewis

Application for review under the Employment Standards Act 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 with the assistance of a Labour Relations Officer, agreeing to a payment of $500 to resolve all outstanding issues.

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

Madeleine van den Hurk v. Renaissance Design Inc. and Ministry of Labour, 2001 CanLII 3128

John Morgan Lewis

OLRBOntario Labour Relations BoardNov 21, 2001

Representation vote directed in certification application with ballots segregated due to bargaining unit disputes.

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

Brick and Allied Craft Union of Canada, Local 31 v. G.M. Tile Ltd., 2001 CanLII 10548

John Morgan Lewis

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application against the responding parties.

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

Bird Packaging Ltd. v. Izydor Pietrzkiewicz, 2001 CanLII 3498

John Morgan Lewis