John Morgan Lewis

OLRBOntario Labour Relations BoardApr 17, 2000

Consent adjournment granted by the Board.

The parties requested an adjournment of the matter.

The Ontario Labour Relations Board consented to the request and adjourned the hearing to June 13, 2000.

International Brotherhood of Electrical Workers, Local 804 v. 940664 Ontario Inc., 2000 CanLII 7917

John Morgan Lewis

OLRBOntario Labour Relations BoardApr 17, 2000

Application withdrawn with leave of the Board.

The applicant sought to withdraw their application against the responding party.

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

Jason D. Mooney v. Kawartha’s Cellular Plus Inc., 2000 CanLII 1785

John Morgan Lewis

OLRBOntario Labour Relations BoardApr 17, 2000

Application for review terminated after parties executed 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 with the assistance of a Labour Relations Officer, agreeing to a payment of $433.13 to the applicant.

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

Xin Guo v. Frank Stollery’s Limited, 2000 CanLII 1221

John Morgan Lewis

OLRBOntario Labour Relations BoardApr 13, 2000

Board declined to process informal request to enforce settlement, advising enforcement in court.

An individual union member sought to enforce Minutes of Settlement against the responding party under section 96(7) of the Labour Relations Act, 1995, alleging failure to pay the agreed settlement amount.

The Board noted that the settlement had already been incorporated into a consent order, meaning the appropriate next step would be enforcement in the Ontario Court (General Division) under section 96(6).

The Board declined to process the correspondence as it did not comply with the Rules of Procedure, but directed the Registrar to provide the individual with the proper forms should he wish to proceed under section 96(7).

Labourers’ International Union of North America, Local 183 v. 3 G Framing, 2000 CanLII 13090

John Morgan Lewis

J. G. Knight

G. McMenemy

Board reconsidered its decision on its own motion to award $214 in grievance referral costs.

The Ontario Labour Relations Board, on its own motion, reconsidered its decision dated April 11, 2000, to award the applicant its costs associated with filing a grievance referral.

The Board ordered the responding party to pay $214 pursuant to section 133(13) of the Labour Relations Act, 1995.

Sheetmetal Workers’ International Association, Local 30 v. Earlscourt Metal Industries Ltd., 2000 CanLII 9726

John Morgan Lewis

J. G. Knight

G. McMenemy

Board reconsiders decision to award $214 in filing costs for grievance referral.

The Ontario Labour Relations Board, on its own motion, reconsidered its decision dated April 11, 2000, to award the applicant $214 in costs associated with the filing of its grievance referral pursuant to section 133(13) of the Labour Relations Act, 1995.

Sheetmetal Workers’ International Association, Local 30 v. Elmford Construction Company Limited., 2000 CanLII 10870

John Morgan Lewis

Application for review adjourned sine die following parties' execution of binding Minutes of Settlement.

The applicant applied for a review of a refusal to issue an order to pay under the Employment Standards Act.

The parties entered into Minutes of Settlement with the assistance of a Labour Relations Officer, agreeing to a payment of $450.00.

The Board adjourned the application sine die for a period of 30 days, noting that the settlement is binding and enforceable under the Act.

Paquerette Beaudoin v. The Exclusive Look and Ministry of Labour, 2000 CanLII 5252

John Morgan Lewis

Single employer declaration granted where responding parties failed to file a response to the application.

The applicant union applied under section 69 and subsection 1(4) of the Labour Relations Act, 1995, seeking a declaration that the responding parties are a single employer and bound by a collective agreement.

The responding parties failed to file a response and were deemed to have accepted the facts stated in the application.

The Board found that the facts made out a prima facie case and exercised its discretion to declare the responding parties a single employer bound by the collective agreement.

Ontario Sheet Metal Workers’ & Roofers’ Conference Sheet Metal Workers’ International Association, Local 537 v. CJA’s Construction Ltd., 2000 CanLII 13018

John Morgan Lewis

J. G. Knight

G. McMenemy

Board reconsidered its decision to award the union $214 for grievance referral filing costs.

The Ontario Labour Relations Board, on its own motion, reconsidered its previous decision to award the union $214 in costs associated with filing its grievance referral under section 133(13) of the Labour Relations Act, 1995.

Sheetmetal Workers’ International Association, Local 30 v. Dirpam/Edilcan, 2000 CanLII 6963

John Morgan Lewis

J. G. Knight

G. McMenemy

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 and imposed a one-year bar on any further applications for certification by the applicant or its affiliated bargaining agents for the same bargaining unit.

The Board also directed the destruction of the ballots cast in the representation vote.

I.B.E.W. Construction Council of Ontario v. Bison Electric Incorporated and/or Bison Electric & Mechanical Inc., 2000 CanLII 11752

John Morgan Lewis

J. G. Knight

G. McMenemy

Union's application for certification withdrawn with leave, subject to a one-year bar on reapplication.

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 any further applications for certification by the applicant or its affiliated bargaining agents for the employees in the bargaining unit.

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

I.B.E.W. Construction Council of Ontario v. Turnay Electric Ltd., 2000 CanLII 11750

John Morgan Lewis

J. G. Knight

G. McMenemy

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

The applicant, I.B.E.W. Construction Council of Ontario, requested 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 further applications for certification by the applicant or its affiliated bargaining agents for the same bargaining unit.

The Board also directed the destruction of ballots cast in the representation vote after 30 days.

I.B.E.W. Construction Council of Ontario v. Southwold Diversified Ltd., 2000 CanLII 11751

John Morgan Lewis

Application for review of Order to Pay terminated due to applicant's failure to file required submissions and proof of payment.

The applicant sought a review of an Order to Pay under section 68 of the Employment Standards Act.

In a previous decision, the Board found the application was untimely and directed the applicant to provide submissions explaining the delay and proof of payment to the Director of Employment Standards within ten days.

The applicant failed to provide the submissions or proof of payment.

Consequently, the Board terminated the matter.

1236820 Ontario Ltd. v. Joyce Wood and Ministry of Labour, 2000 CanLII 13286

John Morgan Lewis

Hearing adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Board ordered that the hearing scheduled for April 11, 2000 be adjourned sine die, to be brought back on with at least 24 hours' notice to counsel for the responding parties.

General Contractors’ Section of the Toronto Construction Association v. Toronto-Central Ontario Building & Construction Trades Council, 2000 CanLII 3716

Victor Claro

5 cases1986–2000

Steve Cronkright

1 case2000–2000

Rod Pollok

1 case2000–2000

Robert N. Singer

3 cases2000–2001

Rick Currie

7 cases1995–2001

J. Raso

19 cases1992–2001

John Moszynski

71 cases1986–2017

John Morgan Lewis

J. G. Knight

A. Haward

OLRBOntario Labour Relations BoardApr 6, 2000

Adjournment of work assignment consultation granted due to deficient notice to responding party.

At a consultation concerning a work assignment application under section 99 of the Labour Relations Act, 1995, the responding party EPSCA requested an adjournment because it and its counsel had not been provided with notice.

The Board granted the adjournment, finding the notice deficient and noting that the failure to provide adequate notice prevented EPSCA from participating effectively.

The Registrar was directed to reschedule the consultation.

Ontario Sheet Metal Workers’ & Roofers’ Conference v. T.A. Andre & Sons (Ontario) Ltd., 2000 CanLII 13375

John Morgan Lewis

OLRBOntario Labour Relations BoardApr 6, 2000

Duty of fair representation application dismissed as premature because the grievance process was not yet exhausted.

The applicant, a union member, filed an application alleging the union violated section 74 of the Labour Relations Act, 1995 regarding a grievance over his layoff.

The union responded that the grievance was still being processed and the grievance procedures under the collective agreement had not been exhausted.

The Board agreed with the union, finding the application premature, and dismissed it, noting the applicant could file a fresh application if dissatisfied with the outcome of the grievance process.

Lenard Waybrant v. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128 and Kel-Gor Ltd., 2000 CanLII 12131

John Morgan Lewis

OLRBOntario Labour Relations BoardApr 6, 2000

Board schedules expedited hearing for application alleging unlawful strike in the construction industry.

The applicant filed an application under section 144 of the Labour Relations Act, 1995, alleging that the responding parties called or authorized an unlawful strike.

The Board noted that the application was currently a mere allegation and had not yet been proven.

Given the importance of expedition in unlawful strike situations, the Board scheduled the matter for an expedited hearing.

General Contractors’ Section of the Toronto Construction Association v. Toronto-Central Ontario Building & Construction Trades Council, 2000 CanLII 8892

John Morgan Lewis

J. G. Knight

A. Haward

OLRBOntario Labour Relations BoardApr 4, 2000

Board dismissed request to transfer filing fee and response notice from a withdrawn grievance file.

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

The responding party requested that the Board transfer its Notice of Intent to Defend/Participate and the associated filing fee from a previously withdrawn file to the current file, as both files concerned the same grievance.

The Board dismissed the request, finding no authority in the Act or the Board's Rules of Procedure to permit the transfer of a Notice and filing fee between applications.

The responding party was directed to comply with the statutory and procedural requirements for the new application.

Masonry Industry Employers’ Council of Ontario v. Brick Employee Bargaining Agency, Local 1, 2000 CanLII 7669

Murray Klein

22 cases2000–2002

M. D. Contini

5 cases1981–2000

John Morgan Lewis