John Morgan Lewis

Union certification granted following a successful representation vote among construction labourers.

The applicant union applied for certification to represent construction labourers employed by the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board granted the application and directed that a certificate issue.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Villa Royale Homes Inc., 2001 CanLII 20175

John Morgan Lewis

Board directed the counting of ballots in a representation vote based on parties' agreement.

The Ontario Labour Relations Board directed the Manager of Field Services to arrange for the counting of ballots cast in a representation vote, following an agreement between the parties.

Brick and Allied Craft Union of Canada v. Premier Refractories International, 2001 CanLII 14556

John Morgan Lewis

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application.

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

David T. Farquaharson v. Symtech Canada and Ministry of Labour, 2001 CanLII 5666

John Morgan Lewis

Applications withdrawn on agreement of the parties.

The applicant union filed applications against the responding party employer.

The parties reached an agreement to withdraw the applications.

The Ontario Labour Relations Board ordered the files withdrawn in accordance with the parties' agreement.

International Union of Operating Engineers, Local 793 v. 894882 Ontario Inc. Gordon Enterprises, 2001 CanLII 3652

John Morgan Lewis

Union's request to seal ballot box denied due to unparticularized unfair labour practice allegations.

In an application for certification, the applicant union requested that the Board seal the ballot box following a representation vote, pending the filing and determination of an unfair labour practice complaint under section 96 of the Labour Relations Act, 1995.

The Board denied the request, finding the applicant's allegations of threats, intimidation, and coercion to be unsubstantiated and largely unparticularized, and noting that the applicant had not specified the relief it would seek in the anticipated section 96 application.

Labourers’ International Union of North America, Local 527 v. Construction Longer Inc., 2001 CanLII 3322

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 agreeing to the disbursement of funds held in trust by the Director.

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

Kiddyland Playground Inc. v. Maria Deguara and Ministry of Labour, 2001 CanLII 2793

John Morgan Lewis

Application withdrawn on agreement of the parties.

The applicant filed a complaint against the responding party.

The matter was withdrawn in accordance with the agreement of the parties.

Wallace Newhook v. Dupont Canada Inc., 2001 CanLII 2378

John Morgan Lewis

OLRBOntario Labour Relations BoardNov 19, 2001

Representation vote ordered in construction industry certification application after employer failed to file response.

The applicant trade 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 information provided, the Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

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

Labourers’ International Union of North America, Local 257 v. Construction Longer Inc., 2001 CanLII 15447

Application withdrawn with leave of the Board.

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

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

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Comstock Canada Ltd., 2001 CanLII 10009

John Morgan Lewis

OLRBOntario Labour Relations BoardNov 16, 2001

Union granted leave to withdraw certification application after representation vote.

The applicant union sought to withdraw its application for certification under the construction industry provisions of the Labour Relations Act, 1995, after a representation vote had been held.

The Ontario Labour Relations Board granted leave to withdraw the application and directed the parties' attention to section 7(10) of the Act regarding potential bars to future applications.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Vinegrove Homes, 2001 CanLII 19983

John Morgan Lewis

OLRBOntario Labour Relations BoardNov 13, 2001

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application.

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

Miro Tomanec v. United Steelworkers of America, Local 2251, 2001 CanLII 5278

Craig Flood

74 cases1988–2024

John Morgan Lewis

OLRBOntario Labour Relations BoardNov 9, 2001

Duty of fair representation complaint dismissed where union reasonably relied on legal counsel's advice to withdraw grievances.

The applicant filed a complaint alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995 by withdrawing his grievances concerning a denied promotion and his subsequent termination.

The union had sought a legal opinion, which concluded that the grievances were unlikely to succeed at arbitration due to the applicant's short tenure, substantial disciplinary record, and complaints from fellow employees.

The Board found that the union turned its mind to the grievances, considered relevant information, and did not act in a manner that was arbitrary, discriminatory, or in bad faith.

The application was dismissed.

Ravinder Oberoi v. United Food and Commercial Workers Int’l UFCW – 333, 2001 CanLII 10321

John Morgan Lewis

OLRBOntario Labour Relations BoardOct 31, 2001

Duty of fair representation application dismissed due to excessive and unexplained delay.

The applicant filed an application alleging the union breached its duty of fair representation regarding overtime assignments.

The union sought to dismiss the application for delay, as the events occurred over a year prior and a related civil action was dismissed a year before this application was filed.

The Board found the applicant failed to provide a satisfactory explanation for the delay and exercised its discretion to dismiss the application without inquiring further into the merits.

Darrel Handke v. United Steelworkers of America, Local 296, 2001 CanLII 11898

John Morgan Lewis

OLRBOntario Labour Relations BoardOct 29, 2001

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

The applicant requested a reconsideration of the Board's decision dated August 16, 2001.

The Board noted its broad discretion to reconsider decisions under section 21.2(1) of the Statutory Powers Procedure Act, but emphasized that it requires good reasons to do so, such as an obvious error, new evidence, or important policy issues.

The Board found that the applicant's request was merely an attempt to reargue the case and did not meet the criteria for reconsideration.

The application for reconsideration was denied.

Expense Reduction Analysts International Canada Inc. v. Angeli Anand and Ministry of Labour, 2001 CanLII 21296

John Morgan Lewis

Applicant directed to file full particulars of alleged duty of fair representation breach.

The applicant filed an application alleging the union breached section 74 of the Labour Relations Act, 1995.

The union requested the matter be dismissed for failing to establish a prima facie case or, in the alternative, that the applicant be required to file full particulars.

The Board directed the applicant to file full and complete particulars of the alleged breach and to address the union's arguments for dismissal.

Paul Barber v. Maintenance Construction Skilled Trades Council, 2001 CanLII 9911

John Morgan Lewis

Applicant directed to respond to union's preliminary objections in duty of fair representation complaint.

The applicant filed a duty of fair representation complaint against her union after it declined to advance her suspension grievance to arbitration.

The union and the employer filed detailed responses raising additional facts and seeking to dismiss the application for delay and failure to make out a prima facie case.

The Board directed the applicant to file written submissions responding to the facts and preliminary objections raised by the responding parties within 15 days, failing which she would be deemed to agree with their facts.

Cissy Dunkley v. Service Employees International Union, Local 204, 2001 CanLII 9305

John Morgan Lewis

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Marin Contracting Limited, 2001 CanLII 16432

John Morgan Lewis

Board directed a related file to be scheduled for hearing with three other matters.

The Ontario Labour Relations Board directed that a fourth related matter be listed for hearing alongside three other files involving the same parties, which were already scheduled to be heard together.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Queensgate Homes, 2001 CanLII 13893

John Morgan Lewis

Application adjourned sine die on consent of the parties.

The applicant union and responding employer agreed to adjourn the application sine die for a period not exceeding one year.

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

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Marin Contracting Limited, 2001 CanLII 15030

John Morgan Lewis

OLRBOntario Labour Relations BoardOct 17, 2001

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. 3576698 Canada Inc. c.o.b. as Michael Selzer’s Le Biftheque Steakhouse, 2001 CanLII 11490

appearing on his own behalf

Gerald HooeySelf-represented
1 appearance

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

Joe FranciscoAgent
1 appearance
Patrick F. MilloyCounsel
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

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

for Don Park Inc.

Jack Van BeurdenCounsel
1 appearance
Scott WilliamsCounsel
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

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

Bernardino CarrozziUnion representative
1 appearance
Daniel RandazzoCounsel
1 appearance
Luigi 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

Kathleen GrimesCounsel
1 appearance
Wally LangleyCounsel
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

David WatsonCounsel
1 appearance
Don BilletteAgent
1 appearance
Gary KitchenAgent
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
Ameena SultanCounsel
1 appearance
Andre KingsleyAgent
1 appearance
Anil NandaAgent
1 appearance
Ben BarnesAgent
1 appearance
Bernard FishbeinCounsel
1 appearance
Calvin BolgerUnion representative
1 appearance
Chris PleauAgent
1 appearance
Cyril J. AbbassCounsel
1 appearance
Dan MacKinnonCounsel
1 appearance
Dave NeddeauCounsel
1 appearance
Dennis CarterCounsel
1 appearance
Dermot LynchUnion representative
1 appearance
Earl WalshUnion representative
1 appearance
Edna LafleurAgent
1 appearance
Elizabeth MitchellCounsel
1 appearance
Elsie HutsulAgent
1 appearance
Erin KuzzCounsel
1 appearance

for the Applicant

James Tod HuntSelf-represented
2 appearances
A. Joseph RussoCounsel
1 appearance
B.B. NielsenUnion representative
1 appearance
Chris BoschUnion representative
1 appearance
Daniel RandazzoCounsel
1 appearance
Dermot LynchUnion representative
1 appearance
Faye KaroutasSelf-represented
1 appearance
G. Eldon HornerCounsel
1 appearance
Gerry MullenUnion representative
1 appearance
Harold St. CroixAgent
1 appearance
Ian DeWaardUnion representative
1 appearance
James LeNouryCounsel
1 appearance
Joe de WitUnion representative
1 appearance
Larry VenningUnion representative
1 appearance
Lister TennantUnion representative
1 appearance
M. ColemanUnion representative
1 appearance
Paquerette BeaudoinSelf-represented
1 appearance
Paul BarberSelf-represented
1 appearance
Paul DalyUnion representative
1 appearance
Robert GullinsUnion representative
1 appearance

for the applicants

J. RasoCounsel
1 appearance
Steve CronkrightCounsel
1 appearance

for the Employee

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

for the employer

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

for the Employer

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

for the International Brotherhood of Electrical Workers, Local 586

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

for the intervenor

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

for the Ministry

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

for the Ministry of Labour

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

for the Ontario Pipe Trades Council

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

for the responding employer

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

for the responding parties

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

for the Responding parties

Peter JefferyAgent
1 appearance

for the Responding Parties

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

for the responding party

Wendy DumondAgent
2 appearances
Jamie KnightCounsel
2 appearances
Joe D’AlessandroAgent
2 appearances
Kathleen TuttonAgent
2 appearances
Fabrizio GallucciCounsel
1 appearance
Fred CouttsAgent
1 appearance
Hugh ScherCounsel
1 appearance
J.D. SharpCounsel
1 appearance
John BaxterAgent
1 appearance
Joseph RussoUnion representative
1 appearance
Ken ReidUnion representative
1 appearance
Ken RichardsonCounsel
1 appearance
Kristen LopesCounsel
1 appearance
Louje LazicAgent
1 appearance
Neil McLellanAgent
1 appearance
Ray WerryCounsel
1 appearance
Rebecca SaturleyAgent
1 appearance
Richard LacroixAgent
1 appearance
Ross HarrisAgent
1 appearance
Sam TedescoAgent
1 appearance

for the Responding party

Nicolas S. ShoushaAgent
1 appearance
Sam CostaAgent
1 appearance

for the Responding Party

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

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

on behalf of Bellefeuille Electric Limited

Dave BellefeuilleAgent
1 appearance
Michael S. RuddyCounsel
1 appearance

on behalf of Diversey Lever

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

on behalf of International Brotherhood of Electrical Workers, Local 586

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

on behalf of Portt Electric Limited

Dennis PorttAgent
1 appearance
George RontirisCounsel
1 appearance

on behalf of Reininger & Son Ltd.

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

on behalf of the applicant

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

on behalf of the Ministry of Labour

Karima ChaturCounsel
1 appearance
L. EisenbergCounsel
1 appearance
Mircho MirchevAgent
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
James B. PayneSelf-represented
1 appearance
Ravinder OberoiSelf-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

Employment and Labour Law

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

Union certification granted following a successful representation vote among construction labourers.

The applicant union applied for certification to represent construction labourers employed by the responding party.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Villa Royale Homes Inc., 2001 CanLII 20175

John Morgan Lewis

Board directed the counting of ballots in a representation vote based on parties' agreement.

The Ontario Labour Relations Board directed the Manager of Field Services to arrange for the counting of ballots cast in a representation vote, following an agreement between the parties.

Brick and Allied Craft Union of Canada v. Premier Refractories International, 2001 CanLII 14556

John Morgan Lewis

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application.

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

David T. Farquaharson v. Symtech Canada and Ministry of Labour, 2001 CanLII 5666

John Morgan Lewis

Applications withdrawn on agreement of the parties.

The applicant union filed applications against the responding party employer.

The parties reached an agreement to withdraw the applications.

The Ontario Labour Relations Board ordered the files withdrawn in accordance with the parties' agreement.

International Union of Operating Engineers, Local 793 v. 894882 Ontario Inc. Gordon Enterprises, 2001 CanLII 3652

John Morgan Lewis

Union's request to seal ballot box denied due to unparticularized unfair labour practice allegations.

Labourers’ International Union of North America, Local 527 v. Construction Longer Inc., 2001 CanLII 3322

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 agreeing to the disbursement of funds held in trust by the Director.

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

Kiddyland Playground Inc. v. Maria Deguara and Ministry of Labour, 2001 CanLII 2793

John Morgan Lewis

Application withdrawn on agreement of the parties.

The applicant filed a complaint against the responding party.

The matter was withdrawn in accordance with the agreement of the parties.

Wallace Newhook v. Dupont Canada Inc., 2001 CanLII 2378

John Morgan Lewis

OLRBOntario Labour Relations BoardNov 19, 2001

Representation vote ordered in construction industry certification application after employer failed to file response.

The applicant trade 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 information provided, the Board found that not less than forty percent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

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

Labourers’ International Union of North America, Local 257 v. Construction Longer Inc., 2001 CanLII 15447

John Morgan Lewis

OLRBUnanimous0 cases1998–2001

G. Pickell

G. McMenemy

OLRBUnanimous0 cases1993–2001

OLRBOntario Labour Relations BoardNov 19, 2001

Application withdrawn with leave of the Board.

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

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

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Comstock Canada Ltd., 2001 CanLII 10009

John Morgan Lewis

OLRBOntario Labour Relations BoardNov 16, 2001

Union granted leave to withdraw certification application after representation vote.

The applicant union sought to withdraw its application for certification under the construction industry provisions of the Labour Relations Act, 1995, after a representation vote had been held.

The Ontario Labour Relations Board granted leave to withdraw the application and directed the parties' attention to section 7(10) of the Act regarding potential bars to future applications.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Vinegrove Homes, 2001 CanLII 19983

John Morgan Lewis

OLRBOntario Labour Relations BoardNov 13, 2001

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application.

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

Miro Tomanec v. United Steelworkers of America, Local 2251, 2001 CanLII 5278

Craig Flood

74 cases1988–2024

John Morgan Lewis

OLRBOntario Labour Relations BoardNov 9, 2001

Duty of fair representation complaint dismissed where union reasonably relied on legal counsel's advice to withdraw grievances.

The Board found that the union turned its mind to the grievances, considered relevant information, and did not act in a manner that was arbitrary, discriminatory, or in bad faith.

The application was dismissed.

Ravinder Oberoi v. United Food and Commercial Workers Int’l UFCW – 333, 2001 CanLII 10321

John Morgan Lewis

OLRBOntario Labour Relations BoardOct 31, 2001

Duty of fair representation application dismissed due to excessive and unexplained delay.

The applicant filed an application alleging the union breached its duty of fair representation regarding overtime assignments.

The union sought to dismiss the application for delay, as the events occurred over a year prior and a related civil action was dismissed a year before this application was filed.

The Board found the applicant failed to provide a satisfactory explanation for the delay and exercised its discretion to dismiss the application without inquiring further into the merits.

Darrel Handke v. United Steelworkers of America, Local 296, 2001 CanLII 11898

John Morgan Lewis

OLRBOntario Labour Relations BoardOct 29, 2001

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

The applicant requested a reconsideration of the Board's decision dated August 16, 2001.

The Board found that the applicant's request was merely an attempt to reargue the case and did not meet the criteria for reconsideration.

The application for reconsideration was denied.

Expense Reduction Analysts International Canada Inc. v. Angeli Anand and Ministry of Labour, 2001 CanLII 21296

John Morgan Lewis

Applicant directed to file full particulars of alleged duty of fair representation breach.

The applicant filed an application alleging the union breached section 74 of the Labour Relations Act, 1995.

The union requested the matter be dismissed for failing to establish a prima facie case or, in the alternative, that the applicant be required to file full particulars.

The Board directed the applicant to file full and complete particulars of the alleged breach and to address the union's arguments for dismissal.

Paul Barber v. Maintenance Construction Skilled Trades Council, 2001 CanLII 9911

John Morgan Lewis

Applicant directed to respond to union's preliminary objections in duty of fair representation complaint.

The applicant filed a duty of fair representation complaint against her union after it declined to advance her suspension grievance to arbitration.

The union and the employer filed detailed responses raising additional facts and seeking to dismiss the application for delay and failure to make out a prima facie case.

Cissy Dunkley v. Service Employees International Union, Local 204, 2001 CanLII 9305

John Morgan Lewis

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Marin Contracting Limited, 2001 CanLII 16432

John Morgan Lewis

Board directed a related file to be scheduled for hearing with three other matters.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Queensgate Homes, 2001 CanLII 13893

John Morgan Lewis

Application adjourned sine die on consent of the parties.

The applicant union and responding employer agreed to adjourn the application sine die for a period not exceeding one year.

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

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Marin Contracting Limited, 2001 CanLII 15030

John Morgan Lewis