John Morgan Lewis

OLRBOntario Labour Relations BoardMar 1, 2000

Board deems facts accepted due to employers' failure to respond and orders posting of employee notices.

The applicant union filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The responding employers failed to file a response.

The applicant requested that the Board deem the facts accepted under Rule 41 and grant the relief requested, or alternatively adjourn the hearing.

The Board deemed the facts accepted and prohibited the responding parties from filing materials without leave.

Noting that notices to employees had not been posted, the Board extended the terminal date, appointed a Labour Relations Officer to post the notices, and adjourned the scheduled hearing.

Ontario Sheet Metal Workers’ & Roofers’ Conference Sheet Metal Workers’ International Association, Local 537 v. CJA’s Construction Ltd., 2000 CanLII 11921

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

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

International Union of Bricklayers and Allied Craftworkers, Local 1 v. Findlay-Jones Insulation Limited, 2000 CanLII 8842

John Morgan Lewis

OLRBOntario Labour Relations BoardFeb 24, 2000

Application to be terminated following Ministry of Labour's rescission of the disputed orders.

The applicant appealed Ministry of Labour orders.

The Ministry subsequently advised the Board that the orders had been rescinded.

The Board noted that there appeared to be no basis to proceed and indicated the application would be terminated unless the responding employees filed written objections within ten days.

Tower Light Ltd. v. Bedour, 2000 CanLII 12959

John Morgan Lewis

Application withdrawn by leave of the Board.

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

The Board granted leave and the application was withdrawn.

E. Buxton, T. Mulhall, J. Henry v. Ministry of Correctional Services (Barrie Jail) and Ministry of Labour, 2000 CanLII 1669

John Morgan Lewis

G. Pickell

A. Haward

Application withdrawn by leave of the Board.

The applicant union sought to withdraw its application.

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

Local Union 47 Sheet Metal Workers’ International Association v. Bothwell-Accurate Co. Ltd., 2000 CanLII 1148

John Morgan Lewis

G. Pickell

A. Haward

Grievance referral adjourned sine die for up to one year on consent.

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 neither party requests to proceed.

International Brotherhood of Electrical Workers, Local 303 v. Weinmann Electric Ltd., 2000 CanLII 4305

John Morgan Lewis

G. Pickell

A. Haward

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.

United Brotherhood of Carpenters and Joiners of America, Local 494 v. Scaffold Connection Corporation, 2000 CanLII 7858

John Morgan Lewis

G. Pickell

A. Haward

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

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 would be deemed terminated if no request to proceed is made.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Miscellaneous Steel Installations Ltd., 2000 CanLII 1454

John Morgan Lewis

OLRBOntario Labour Relations BoardFeb 21, 2000

Representation vote directed for hospital office and clerical employees following parties' agreement on bargaining unit.

The applicant hospital and responding union reached an agreement on the description and composition of a bargaining unit for office and clerical employees.

Pursuant to sections 21, 22, and 23 of the Public Sector Labour Relations Transition Act, 1997, the Ontario Labour Relations Board directed that a representation vote be held to determine if the employees wish to be represented by the Canadian Union of Public Employees Local 4000.

Queensway-Carleton Hospital v. Canadian Union of Public Employees, 2000 CanLII 13131

John Morgan Lewis

Appeal of Ministry of Labour Inspector's order terminated for failure to file required forms.

The applicant purported to appeal an order of a Ministry of Labour Inspector and requested a suspension of the order.

The Board advised the applicant that the appeal and suspension request must be filed on the proper forms (Form A-65 and Form A-67) and gave the applicant 15 days to comply.

The applicant failed to file the required forms within the specified time.

Consequently, the Board terminated the proceedings.

Solid Wood Products v. Ministry of Labour, 2000 CanLII 11904

John Morgan Lewis

Hearing adjourned and rescheduled following a telephone conference.

The Board convened a telephone conference to hear a request to adjourn a hearing scheduled for February 21, 2000.

After considering the parties' submissions, the Board granted the adjournment and rescheduled the hearing for March 3, 2000.

Labourers’ International Union of North America, Local 183 v. B. G. Schickedanz Homes Inc., 2000 CanLII 13127

John Morgan Lewis

Hearing adjourned on consent of the parties.

The applicant requested an adjournment of the hearing scheduled for February 22, 2000.

Having regard to the consent of the parties, the Ontario Labour Relations Board granted the adjournment to a date to be determined by the Registrar.

Bradleigh Construction Limited Canada v. Ministry of Labour, 2000 CanLII 5288

John Morgan Lewis

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

The applicant submitted correspondence to the Ontario Labour Relations Board purporting to apply for a review under the Employment Standards Act.

The Registrar advised the applicant that the appeal must be filed on Form A-69, as required by Rule 24 of the Board's Rules of Procedure, and provided a 20-day deadline to comply.

Because the applicant failed to submit the properly completed form within the deadline, the Board terminated the proceeding.

Richard Hart v. Ministry of Labour, 2000 CanLII 6210

John Morgan Lewis

Employment standards review application terminated due to applicant's failure to file the required form.

The applicant submitted correspondence to the Ontario Labour Relations Board purporting to apply for a review under the Employment Standards Act.

The Board's Registrar informed the applicant that the appeal must be filed using Form A-69, as required by Rule 24 of the Board's Rules of Procedure, and provided a 20-day deadline to comply.

Because the applicant failed to submit a properly completed Form A-69 within the specified timeframe, the Board terminated the proceeding.

Jakki Kalita v. Ministry of Labour, 2000 CanLII 7549

John Morgan Lewis

G. Pickell

A. Haward

Union certified as bargaining agent for electricians and linemen following successful representation vote.

The applicant trade union applied for certification as the bargaining agent for electricians and linemen employed by the responding party.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the union, the Ontario Labour Relations Board issued two certificates pursuant to section 160(1) of the Labour Relations Act: one for the industrial, commercial and institutional sector province-wide, and another for all other sectors in the Regional Municipality of Ottawa-Carleton and the United Counties of Prescott and Russell.

International Brotherhood of Electrical Workers, Local 586 v. Bonneville Electric Ltd., 2000 CanLII 10900

John Morgan Lewis

Board incorporates settlement exempting employee from union dues based on religious beliefs, redirecting payments to charity.

The applicant applied to the Ontario Labour Relations Board under section 52 of the Labour Relations Act for an exemption from union security provisions based on his religious beliefs.

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

The Board issued a decision incorporating the agreement, which exempted the applicant from union membership and directed that an amount equal to his union dues be paid to a designated charity, the De Novo Treatment Centre Trust Fund.

Douglas Albert Rogers v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 46 (UA Local 46) et al., 2000 CanLII 10956

John Morgan Lewis

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardFeb 17, 2000

Board issued a consent order for $72,123.11 in damages for collective agreement violations.

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

Prior to the hearing, the parties reached a settlement and filed a memorandum of agreement.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated multiple articles, and ordered the responding party to pay $72,123.11 in damages according to an agreed payment schedule.

International Brotherhood of Painters and Allied Trades, Glaziers Local 1819 v. Savoy Glass, 2000 CanLII 7450

John Morgan Lewis

G. Pickell

OLRBOntario Labour Relations BoardFeb 17, 2000

G. McMenemy

OLRB0 cases1993–2001

Union certification application dismissed after representation vote failed to secure majority support.

The applicant union filed an application for certification and an unfair labour practice complaint against the responding employer.

Prior to a hearing, the parties entered into Minutes of Settlement.

The unfair labour practice complaint was withdrawn with leave of the Board.

The ballots from the representation vote were counted, and the union did not receive more than fifty percent of the votes.

Consequently, the application for certification was dismissed, and a one-year bar on further applications was imposed.

International Brotherhood of Electrical Workers, Local Union 894 v. SJS Control Technologies Inc., 2000 CanLII 4135

John Morgan Lewis

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardFeb 15, 2000

Applications withdrawn with leave of the Board following execution of minutes of settlement.

The applicants and responding parties executed minutes of settlement.

Having regard to the minutes of settlement, the Ontario Labour Relations Board granted leave to withdraw the applications in Board File Nos. 1479-99-G and 2251-99-R.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 v. Newmarch Inc., 2000 CanLII 9255

John Morgan Lewis