John Morgan Lewis

OLRBOntario Labour Relations BoardFeb 15, 2000

Board issues consent order declaring two insulation companies as one employer bound by collective agreement.

The parties entered into minutes of settlement regarding a grievance referral and related employer applications.

On consent, the Board declared that Wrightway Insulation Inc. and Omni Insulation Inc. are one employer under section 1(4) of the Labour Relations Act, 1995, and are bound by the applicable collective agreement.

The remaining applications and grievances were withdrawn.

International Association of Heat and Frost Insulators and Asbestos Workers, Local 95 v. Wrightway Insulation Inc., 2000 CanLII 10688

John Morgan Lewis

OLRBOntario Labour Relations BoardFeb 15, 2000

Pre-hearing adjournment request denied where opposed and based solely on counsel's scheduling conflict.

The applicants requested an adjournment of a scheduled hearing because their counsel was unable to attend.

The responding party did not consent.

The Ontario Labour Relations Board denied the request, noting its reluctance to adjourn matters solely for counsel's convenience without consent, but permitted the applicants to renew the request at the commencement of the hearing.

Danilo Suarez v. Terry Kelly and Ministry of Labour, 2000 CanLII 11831

John Morgan Lewis

OLRBOntario Labour Relations BoardFeb 11, 2000

Application for review terminated after parties entered into 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 $500 severance package.

As the settlement disposed of all issues in dispute, the Board terminated the application in accordance with subsection 69.1(5) of the Act.

Greg Stitt v. Doering & Brown Corp., 2000 CanLII 2192

John Morgan Lewis

OLRBOntario Labour Relations BoardFeb 11, 2000

Adjournment request denied; Board reluctant to adjourn fixed hearing dates for party convenience.

The responding party requested an adjournment of a scheduled hearing under the Employment Standards Act because one of its principals was unable to attend.

The applicant opposed the request.

The Ontario Labour Relations Board denied the adjournment, noting its reluctance to adjourn matters for a party's convenience once a hearing date is fixed, but stated the request could be renewed at the commencement of the hearing.

Belinda Hunter v. Madonna’s Hair and Tanning Studio, 2000 CanLII 11832

John Morgan Lewis

OLRBOntario Labour Relations BoardFeb 11, 2000

Application withdrawn by leave of the Board.

The applicant sought to withdraw her application against Real's Truck Stop and the Ministry of Labour.

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

Jacqueline Faulkner v. Real’s Truck Stop and Ministry of Labour, 2000 CanLII 3948

Scott Williams

13 cases1994–2016

Robert MacDougall

Louie Petricca

2 cases2000–2001

John Collins

28 cases1996–2024

Jerry Raso

73 cases1990–2024

Jack Van Beurden

2 cases2000–2001

Bernard Fishbein

79 cases1982–2011

Al Budway

John Morgan Lewis

G. Pickell

G. McMenemy

Non-construction employer application dismissed because striking craft workers remained employed on the application date.

The employer applied for a declaration under section 127.2 of the Labour Relations Act, 1995 that it was a non-construction employer and that the union no longer represented its construction employees.

The union brought a preliminary motion to dismiss the application, arguing that the employer's status was res judicata from a 1982 decision, and alternatively, that the employer still employed construction workers on the application date.

The Board rejected the res judicata argument due to intervening statutory changes.

However, the Board found that the striking craft workers were construction employees and remained employed by the employer on the application date pursuant to section 1(2) of the Act.

The application was dismissed for failing to make out a prima facie case.

Don Park Inc. v. Sheet Metal Workers’ International Association, Local Union No. 285, 2000 CanLII 12145

John Morgan Lewis

J. G. Knight

G. McMenemy

Representation vote directed in construction industry certification application after Board found proposed bargaining unit appropriate.

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

The responding party disagreed with the proposed bargaining unit, asserting it should include OLRB Area No. 14.

The Board found the applicant's proposed bargaining unit to be appropriate.

Finding that not less than forty percent of the individuals in the proposed unit were members of the union, the Board directed that a representation vote be taken.

International Brotherhood of Electrical Workers Construction Council of Ontario v. Drycore Electric Inc., 2000 CanLII 6148

John Morgan Lewis

G. Pickell

A. Haward

Application adjourned sine die on consent for up to 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 would be deemed terminated if neither party requested to proceed.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Lebovic Enterprises, 2000 CanLII 3737

John Morgan Lewis

J. G. Knight

G. McMenemy

Representation vote ordered in certification application, but ballot box sealed due to membership evidence ambiguity.

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.

The Board noted an ambiguity in the membership evidence, which referred to 'Labourers’ International Union of North America, Local 183' rather than the applicant's name, 'Universal Workers Union, L.I.U.N.A. Local 183'.

Despite this, the Board found sufficient similarity to conclude that at least forty percent of the proposed bargaining unit appeared to be members.

The Board ordered a representation vote but directed that the ballot box be sealed until the applicant's trade union status and the membership evidence ambiguity are resolved.

Universal Workers Union, L.I.U.N.A. Local 183 v. Gold Estate Homes International, 2000 CanLII 9907

John Morgan Lewis

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardFeb 8, 2000

Request for reconsideration of union certification decisions dismissed as issues were previously addressed.

Two employees of the responding party sought reconsideration of the Board's earlier decisions regarding a representation vote and the subsequent certification of the applicant union.

The Board dismissed the requests, noting that the issues raised had already been addressed in previous fully reasoned decisions.

The Board also noted allegations that the responding party had laid off employees following the certification, advising the affected employees to seek legal advice regarding potential remedies.

International Brotherhood of Electrical Workers, Local 586 v. Megatech Electrical Ltd., 2000 CanLII 13431

Ursula Boylan

16 cases1995–2003

Gordon Nye

Fabrizio Gallucci

Dave Neddeau

Dan MacKinnon

John Morgan Lewis

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardFeb 4, 2000

Union certified after Board rules unregistered apprentice ineligible to vote in representation election.

The applicant union applied for certification in the construction industry.

A representation vote was held, but the ballot box was sealed due to disputes over voter eligibility.

The Board ruled that one individual was not entitled to vote because he was neither a certified journeyman nor a registered apprentice on the date of application, and had worked in the trade for more than three months without registering.

Following this ruling, the ballots were counted, and more than 50% were cast in favour of the union.

The Board ordered the issuance of certificates to the union.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Clift Electric Inc., 2000 CanLII 2642

John Morgan Lewis

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJan 31, 2000

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 will be deemed terminated if neither party requests to proceed.

Operative Plasterers’, Cement Masons and Restoration Steeplejacks International Association of the United States and Canada, Union Local 598 v. Bravo Cement Contracting (Windsor) Inc., 2000 CanLII 4239

John Morgan Lewis

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJan 31, 2000

Consent order finding employers bound by collective agreement and liable for unremitted dues; damages hearing scheduled.

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

On agreement of the parties, the Board ordered that the responding employers are bound by the collective agreement and violated it by failing to file returns and make remittances.

The scheduled hearing was cancelled, and a new hearing was set to determine the amount of damages owed.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Connect Mechanical Systems Inc. and Bryant Mechanical Systems Inc., 2000 CanLII 6666

John Morgan Lewis

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJan 28, 2000

Matter adjourned on consent of the parties.

The parties requested an adjournment of the matter.

The Ontario Labour Relations Board consented to the request and adjourned the hearing to March 2, 2000.

International Union of Operating Engineers, Local 793 v. Electrical Powers Systems Construction Association, 2000 CanLII 8239

John Morgan Lewis

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJan 28, 2000

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

The applicant union filed a grievance referral against the responding employer.

On agreement of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year.

If no party requests to proceed within that time, the application will be deemed terminated.

International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers, Local 786 v. 1074023 Ontario Limited c.o.b. as Roy Talevi General Welding, 2000 CanLII 9527

John Morgan Lewis

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardJan 28, 2000

Consent order issued declaring employer bound to collective agreement and ordering payment of $2,441.34 in damages.

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

Prior to the hearing, the parties entered into a memorandum of agreement settling the matter.

The Board issued a consent order declaring that the responding party is bound to the collective agreement, that it unknowingly violated the agreement, and ordering it to pay $2,441.34 in damages to the applicant.

Labourers’ International Union of North America, Local 527 v. Enercom Construction Inc., 2000 CanLII 9863

John Morgan Lewis

OLRBOntario Labour Relations BoardJan 27, 2000

Board scheduled a hearing to consider a preliminary motion to dismiss an unfair labour practice complaint.

The applicant employers filed an unfair labour practice complaint alleging irregularities in a second representation vote ordered by the Board, including failure to notify employees, intimidation, and purchasing breakfast for eligible employees.

The responding union filed a preliminary motion to dismiss the application for failing to make out a prima facie case under Rule 46.

The Board directed the Registrar to list the matter for a one-day hearing to hear submissions on the union's preliminary motion to dismiss.

Labourers’ International Union of North America, Local 183 v. B. G. Schickedanz Homes Inc., 2000 CanLII 11226

John Morgan Lewis

OLRBOntario Labour Relations BoardJan 20, 2000

Employer's request to suspend health and safety orders pending appeal dismissed due to worker safety concerns.

The applicant employer sought to suspend various health and safety orders issued by a Ministry of Labour Inspector following a fire and subsequent work refusals at its plant.

The Board applied the test for suspending an order pending appeal, which requires considering worker safety, prejudice to the parties, and whether there is a strong prima facie case for a successful appeal.

Finding that the orders impacted worker safety and that the applicant failed to demonstrate significant prejudice or a strong prima facie case, the Board declined to suspend the orders.

Manac, a division of the Canam Manac Group Inc. v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Local 1285, 2000 CanLII 12338

John Morgan Lewis