John Morgan Lewis

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

The 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 without further notice.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 663 v. Pro-Mart Industrial Products Ltd., 2001 CanLII 18771

John Morgan Lewis

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 granted the consent adjournment for a period not exceeding one year, after which the matter will be deemed terminated if neither party requests to proceed.

Universal Workers Union Local 183 v. Accurate Railroad Construction Limited, 2001 CanLII 16552

John Morgan Lewis

OLRBOntario Labour Relations BoardAug 7, 2001

Duty of fair representation application dismissed for failing to plead material facts establishing a prima facie case.

The applicant filed an application alleging that the responding party union violated section 74 of the Labour Relations Act, 1995.

The applicant relied on a letter alleging sexual harassment by a fellow employee but failed to plead any material facts regarding the union's response or behaviour.

The Board dismissed the application for failing to establish a prima facie violation of the Act.

Maria Andrade v. Universal Workers Union, L.I.U.N.A. Local 183, 2001 CanLII 10796

Repairing non-operational air conditioning systems constitutes construction work, not maintenance, for determining the applicable bargaining unit.

The applicant applied to terminate the union's bargaining rights.

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

The Board held a hearing to determine whether the employees were working in the industrial, commercial and institutional (ICI) construction sector or performing maintenance work on the date of application.

Applying established Board jurisprudence, the Board found that the work performed—repairing non-operational air conditioning systems—constituted construction work rather than maintenance.

The Board directed a Labour Relations Officer to meet with the parties to address remaining issues.

Rigby Air Employees v. United Association of Journeypersons and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787, 2001 CanLII 17720

John Morgan Lewis

OLRBOntario Labour Relations BoardJul 25, 2001

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

The parties agreed to adjourn multiple applications before the Ontario Labour Relations Board.

The Board consented to adjourn the applications sine die for a period not exceeding one year, after which they will be deemed terminated if no party requests to proceed.

International Union of Operating Engineers, Local 793 v. Fowler Construction Company Ltd., 2001 CanLII 18229

John Morgan Lewis

OLRBOntario Labour Relations BoardJul 19, 2001

Employment Standards Act application terminated on agreement of the parties.

The applicant filed an application under the Employment Standards Act.

Having regard to the agreement of the parties, the Ontario Labour Relations Board terminated the application pursuant to section 69.1(5) of the Act.

Charlie Moncada v. Longo Brothers Fruit Market Inc., 2001 CanLII 7940

John Morgan Lewis

OLRBOntario Labour Relations BoardJul 5, 2001

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

The applicant applied to the Ontario Labour Relations Board.

On consent of the parties, the Board adjourned the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

Eggink v. The International Union of Painters and Allied Trades, Local 200, 2001 CanLII 15742

John Morgan Lewis

OLRBOntario Labour Relations BoardJun 25, 2001

Hearing dates cancelled and rescheduled on consent for three construction industry certification applications.

The parties agreed to cancel previously scheduled hearing dates for three applications for certification in the construction industry.

The Ontario Labour Relations Board issued a procedural decision cancelling the September 2001 dates and scheduling new hearing dates for 2001 and 2002 on consent of the parties.

International Union of Operating Engineers, Local 793 v. Graham Bros. Construction Limited, 2001 CanLII 10871

John Morgan Lewis

OLRBOntario Labour Relations BoardJun 6, 2001

Hearing adjourned on consent of the parties.

The applicant union and responding employers agreed to adjourn the hearing scheduled for June 6, 2001.

The Ontario Labour Relations Board consented to the adjournment and rescheduled the hearing to June 26, 2001.

Labourers’ International Union of North America, Local 183 v. The Conservatory Group, 2001 CanLII 3965

John Morgan Lewis

Duty of fair representation complaint dismissed for failing to plead a prima facie breach.

The applicant filed an application alleging that the responding party union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995.

The union requested that the Board dismiss the application for failing to establish a prima facie case.

The Board reviewed the application and found that the applicant failed to plead any act or omission by the union that could constitute a breach of section 74.

The Board also noted that the application appeared premature, as the applicant had not formally requested the union to act on her behalf regarding her concerns.

The application was dismissed.

Rosanne Lee v. International Association of Machinists and Aerospace Workers, Local Lodge 2792, 2001 CanLII 8789

John Morgan Lewis

Board corrects clerical error in file number from previous decision.

The Ontario Labour Relations Board issued a brief decision to correct a clerical error in its previous decision dated May 31, 2001.

The decision amends the Employment Practices Branch File Number to 4001588.

Spectrum Plastics Co. Ltd. v. Arzadon, 2001 CanLII 20358

John Morgan Lewis

Union's motion to dismiss duty of fair representation complaint for lack of a prima facie case denied.

The responding union sought to dismiss the applicants' section 74 duty of fair representation complaint on the basis that it failed to disclose a prima facie case.

The Ontario Labour Relations Board reviewed the strict test for dismissing an application without a hearing, which requires that there be no reasonable likelihood of establishing a violation of the Act.

The Board concluded that the applicants' allegations were sufficient to warrant a hearing on the merits and dismissed the union's preliminary motion.

Cocks v. The Canadian Union of Public Employees, and its Local 4000, 2001 CanLII 15811

John Morgan Lewis

Practising Law - Employed5 cases2000–2014

Hearing adjourned on consent of the parties.

The Ontario Labour Relations Board adjourned the hearing of multiple applications involving the International Union of Operating Engineers, the Labourers' International Union of North America, and Fowler Construction Company Ltd. to July 20 and 23, 2001, based on the agreement of the parties.

International Union of Operating Engineers, Local 793 v. Fowler Construction Company Ltd., 2001 CanLII 11725

Robert Monti

Michael S. Ruddy

In Private Practice19 cases1983–2001

Michael Gottheil

24 cases1986–2003

George Rontiris

In Private Practice8 cases1989–2001

John Morgan Lewis

Sale of business declared where former employee purchased assets and used predecessor's Master's License.

The union brought an application alleging a sale of business and related employer status between Bellefeuille Electric Limited (B.E.) and Portt Electric Ltd. (P.E.).

B.E.'s owner retired and sold significant assets, tools, and equipment to a former employee who started P.E. The former employee also used B.E.'s owner's Master's License to operate and secure work.

The Board dismissed the related employer application under subsection 1(4) as B.E.'s owner did not take an active role in P.E.'s operations.

However, the Board found a sale of business under section 69, concluding that the transfer of assets, the financing arrangement, the use of the Master's License, and the overlap in customers constituted a transfer of the essential elements of B.E.'s business to P.E. P.E. was declared bound to the collective agreements.

International Brotherhood of Electrical Workers, Local 586 v. Bellefeuille Electric Limited, 2001 CanLII 4701

John Morgan Lewis

OLRBOntario Labour Relations BoardMay 25, 2001

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

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

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

International Brotherhood of Electrical Workers, Local 353 v. Lancor Electric (1996) Ltd., 2001 CanLII 10013

John Morgan Lewis

OLRBOntario Labour Relations BoardMay 16, 2001

Employee's momentary flare-up and departure from workplace did not constitute wilful misconduct; termination pay awarded.

The applicant appealed a refusal to issue an order for termination pay under the Employment Standards Act.

The employer argued the applicant was terminated for wilful misconduct and disobedience after he left the plant without permission following a meeting where he was suspended for failing to ship priority items.

The Board found that while the applicant's behaviour was inappropriate and warranted discipline, his actions constituted a momentary flare-up rather than intentional disobedience.

The Board concluded the applicant was not guilty of wilful misconduct or insubordination and was therefore entitled to termination pay.

James B. Payne v. Diversey Lever and Ministry of Labour, 2001 CanLII 5487

John Morgan Lewis

OLRBOntario Labour Relations BoardMay 8, 2001

Reconsideration of representation vote deferred pending hearing on scope of bargaining rights.

The union requested reconsideration of a Board decision directing a representation vote on an application to terminate bargaining rights.

The union asserted it only held bargaining rights for the employer in the ICI sector, not under the low rise forming collective agreement, and argued the applicant lacked the necessary 40% support.

The Board declined to determine the reconsideration request at this time, noting the ballots had not been counted, and directed the Registrar to set the matter down for a hearing to determine which collective agreements bound the employer and which employees were eligible to vote.

The Unionized Employees of Ariss Concrete Forming Ltd. v. Labourers’ International Union of North America, Ontario Provincial District Council, 2001 CanLII 12440

John Morgan Lewis

Board issues consent order declaring related employers and enforcing composite crew settlement.

The applicant union referred a grievance to arbitration and applied for a related employer declaration under the Labour Relations Act.

The parties, excluding the intervenor, entered into Minutes of Settlement.

The intervenor did not object to the settlement.

The Board issued a consent order declaring the responding parties to be a single employer bound by the Glaziers Provincial Agreement, acknowledging a composite crew arrangement with the Iron Workers, and ordering conditional damages of $50,000 for prior violations.

The Ontario Council of the International Union of Painters and Allied Trades v. 853291 Ontario Ltd. o/a G.N.S. Fabrication & G. & S Associates Inc., 2001 CanLII 12763

John Morgan Lewis

Representation vote for union certification rescheduled on agreement of the parties.

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

On agreement of the parties, the Board cancelled the originally scheduled representation vote and directed that it be rescheduled to May 14, 2001.

The Board also issued standard directions regarding the posting of notices and the filing of representations concerning any remaining disputes.

Canadian Union of Skilled Workers v. Powerline Utility Contractors Inc., 2001 CanLII 11671

John Morgan Lewis

Employment and Labour Law

Application adjourned sine die on consent of the parties.

The applicant requested an adjournment sine die of the application.

Having regard to the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year.

Regional Municipality of Waterloo v. Canadian Union of Public Employees, Local 791, 2001 CanLII 3157

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

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

The 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 without further notice.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 663 v. Pro-Mart Industrial Products Ltd., 2001 CanLII 18771

John Morgan Lewis

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 granted the consent adjournment for a period not exceeding one year, after which the matter will be deemed terminated if neither party requests to proceed.

Universal Workers Union Local 183 v. Accurate Railroad Construction Limited, 2001 CanLII 16552

John Morgan Lewis

OLRBOntario Labour Relations BoardAug 7, 2001

Duty of fair representation application dismissed for failing to plead material facts establishing a prima facie case.

The applicant filed an application alleging that the responding party union violated section 74 of the Labour Relations Act, 1995.

The applicant relied on a letter alleging sexual harassment by a fellow employee but failed to plead any material facts regarding the union's response or behaviour.

The Board dismissed the application for failing to establish a prima facie violation of the Act.

Maria Andrade v. Universal Workers Union, L.I.U.N.A. Local 183, 2001 CanLII 10796

R. Harford

2 cases2000–2001

Larry Steinberg

22 cases1987–2008

John Morgan Lewis

OLRBOntario Labour Relations BoardJul 25, 2001

Repairing non-operational air conditioning systems constitutes construction work, not maintenance, for determining the applicable bargaining unit.

The applicant applied to terminate the union's bargaining rights.

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

Applying established Board jurisprudence, the Board found that the work performed—repairing non-operational air conditioning systems—constituted construction work rather than maintenance.

The Board directed a Labour Relations Officer to meet with the parties to address remaining issues.

Rigby Air Employees v. United Association of Journeypersons and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787, 2001 CanLII 17720

John Morgan Lewis

OLRBOntario Labour Relations BoardJul 25, 2001

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

The parties agreed to adjourn multiple applications before the Ontario Labour Relations Board.

The Board consented to adjourn the applications sine die for a period not exceeding one year, after which they will be deemed terminated if no party requests to proceed.

International Union of Operating Engineers, Local 793 v. Fowler Construction Company Ltd., 2001 CanLII 18229

John Morgan Lewis

OLRBOntario Labour Relations BoardJul 19, 2001

Employment Standards Act application terminated on agreement of the parties.

The applicant filed an application under the Employment Standards Act.

Having regard to the agreement of the parties, the Ontario Labour Relations Board terminated the application pursuant to section 69.1(5) of the Act.

Charlie Moncada v. Longo Brothers Fruit Market Inc., 2001 CanLII 7940

John Morgan Lewis

OLRBOntario Labour Relations BoardJul 5, 2001

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

The applicant applied to the Ontario Labour Relations Board.

On consent of the parties, the Board adjourned the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

Eggink v. The International Union of Painters and Allied Trades, Local 200, 2001 CanLII 15742

John Morgan Lewis

OLRBOntario Labour Relations BoardJun 25, 2001

Hearing dates cancelled and rescheduled on consent for three construction industry certification applications.

The parties agreed to cancel previously scheduled hearing dates for three applications for certification in the construction industry.

The Ontario Labour Relations Board issued a procedural decision cancelling the September 2001 dates and scheduling new hearing dates for 2001 and 2002 on consent of the parties.

International Union of Operating Engineers, Local 793 v. Graham Bros. Construction Limited, 2001 CanLII 10871

John Morgan Lewis

OLRBOntario Labour Relations BoardJun 6, 2001

Hearing adjourned on consent of the parties.

The applicant union and responding employers agreed to adjourn the hearing scheduled for June 6, 2001.

The Ontario Labour Relations Board consented to the adjournment and rescheduled the hearing to June 26, 2001.

Labourers’ International Union of North America, Local 183 v. The Conservatory Group, 2001 CanLII 3965

John Morgan Lewis

Duty of fair representation complaint dismissed for failing to plead a prima facie breach.

The applicant filed an application alleging that the responding party union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995.

The union requested that the Board dismiss the application for failing to establish a prima facie case.

The Board reviewed the application and found that the applicant failed to plead any act or omission by the union that could constitute a breach of section 74.

The Board also noted that the application appeared premature, as the applicant had not formally requested the union to act on her behalf regarding her concerns.

The application was dismissed.

Rosanne Lee v. International Association of Machinists and Aerospace Workers, Local Lodge 2792, 2001 CanLII 8789

John Morgan Lewis

Board corrects clerical error in file number from previous decision.

The Ontario Labour Relations Board issued a brief decision to correct a clerical error in its previous decision dated May 31, 2001.

The decision amends the Employment Practices Branch File Number to 4001588.

Spectrum Plastics Co. Ltd. v. Arzadon, 2001 CanLII 20358

John Morgan Lewis

Union's motion to dismiss duty of fair representation complaint for lack of a prima facie case denied.

The responding union sought to dismiss the applicants' section 74 duty of fair representation complaint on the basis that it failed to disclose a prima facie case.

The Board concluded that the applicants' allegations were sufficient to warrant a hearing on the merits and dismissed the union's preliminary motion.

Cocks v. The Canadian Union of Public Employees, and its Local 4000, 2001 CanLII 15811

John Morgan Lewis

Practising Law - Employed5 cases2000–2014

Hearing adjourned on consent of the parties.

International Union of Operating Engineers, Local 793 v. Fowler Construction Company Ltd., 2001 CanLII 11725

Robert Monti

Michael S. Ruddy

In Private Practice19 cases1983–2001

Michael Gottheil

24 cases1986–2003

George Rontiris

In Private Practice8 cases1989–2001

John Morgan Lewis

Sale of business declared where former employee purchased assets and used predecessor's Master's License.

The union brought an application alleging a sale of business and related employer status between Bellefeuille Electric Limited (B.E.) and Portt Electric Ltd. (P.E.).

B.E.'s owner retired and sold significant assets, tools, and equipment to a former employee who started P.E. The former employee also used B.E.'s owner's Master's License to operate and secure work.

The Board dismissed the related employer application under subsection 1(4) as B.E.'s owner did not take an active role in P.E.'s operations.

International Brotherhood of Electrical Workers, Local 586 v. Bellefeuille Electric Limited, 2001 CanLII 4701

John Morgan Lewis

OLRBOntario Labour Relations BoardMay 25, 2001

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

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

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

International Brotherhood of Electrical Workers, Local 353 v. Lancor Electric (1996) Ltd., 2001 CanLII 10013

John Morgan Lewis

OLRBOntario Labour Relations BoardMay 16, 2001

Employee's momentary flare-up and departure from workplace did not constitute wilful misconduct; termination pay awarded.

The applicant appealed a refusal to issue an order for termination pay under the Employment Standards Act.

The Board found that while the applicant's behaviour was inappropriate and warranted discipline, his actions constituted a momentary flare-up rather than intentional disobedience.

The Board concluded the applicant was not guilty of wilful misconduct or insubordination and was therefore entitled to termination pay.

James B. Payne v. Diversey Lever and Ministry of Labour, 2001 CanLII 5487

John Morgan Lewis

OLRBOntario Labour Relations BoardMay 8, 2001

Reconsideration of representation vote deferred pending hearing on scope of bargaining rights.

The union requested reconsideration of a Board decision directing a representation vote on an application to terminate bargaining rights.

The union asserted it only held bargaining rights for the employer in the ICI sector, not under the low rise forming collective agreement, and argued the applicant lacked the necessary 40% support.

The Unionized Employees of Ariss Concrete Forming Ltd. v. Labourers’ International Union of North America, Ontario Provincial District Council, 2001 CanLII 12440

John Morgan Lewis

Board issues consent order declaring related employers and enforcing composite crew settlement.

The applicant union referred a grievance to arbitration and applied for a related employer declaration under the Labour Relations Act.

The parties, excluding the intervenor, entered into Minutes of Settlement.

The intervenor did not object to the settlement.

The Ontario Council of the International Union of Painters and Allied Trades v. 853291 Ontario Ltd. o/a G.N.S. Fabrication & G. & S Associates Inc., 2001 CanLII 12763

John Morgan Lewis

Representation vote for union certification rescheduled on agreement of the parties.

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

On agreement of the parties, the Board cancelled the originally scheduled representation vote and directed that it be rescheduled to May 14, 2001.

The Board also issued standard directions regarding the posting of notices and the filing of representations concerning any remaining disputes.

Canadian Union of Skilled Workers v. Powerline Utility Contractors Inc., 2001 CanLII 11671

John Morgan Lewis