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 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.

Labourers’ International Union of North America, Local 506 v. Paramount Structures Ltd., 2001 CanLII 4525

John Morgan Lewis

Employment standards application terminated for failure to pay required funds into trust.

The applicant sought review of an employment standards order but failed to submit payment of the required funds in accordance with section 68(7) of the Employment Standards Act.

Consequently, the Board terminated the application.

Stella Pinnock o/a Harmony House v. Donalee Daley and Ministry of Labour, 2001 CanLII 20846

John Morgan Lewis

Employment standards application terminated for failure to pay required funds into trust.

The applicant sought a review under the Employment Standards Act.

The Board previously directed the applicant to submit payment of the required funds in accordance with section 68(7) of the Act.

The applicant failed to do so.

Consequently, the Board terminated the matter.

Aileen E. Brown v. Ministry of Labour, 2001 CanLII 21093

John Morgan Lewis

Union decertified following a representation vote where a majority opposed the responding party.

The applicant applied to terminate the responding party's bargaining rights for a unit of roofers employed by N. Comm Roofing.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the responding party, and with no statements of desire filed, the Board declared that the responding party no longer represents the employees in the bargaining unit.

Jose Dutra v. Sheet Metal Workers International Association, Local 562, 2001 CanLII 12509

John Morgan Lewis

Union decertified after majority of employees vote in opposition during representation vote.

The applicant applied to terminate the bargaining rights of the responding party union.

A representation vote was held, and more than fifty per cent of the ballots cast by employees in the bargaining unit were in opposition to the union.

As no statement of desire to make representations was filed, the Board declared that the union no longer represents the employees of the employer.

Richard Mann v. Sheet Metal Workers’ International Association, Local 473, 2001 CanLII 13144

John Morgan Lewis

Application adjourned on consent pending the filing of a jurisdictional dispute application.

The applicant filed an application before the Ontario Labour Relations Board.

On consent of the parties, the Board adjourned the application pending the filing of a jurisdictional dispute application.

Millwright Regional Council of Ontario v. Comstock Canada Ltd., 2001 CanLII 8169

John Morgan Lewis

Application for review terminated following parties' execution of Minutes of Settlement.

The applicant sought a review of an employment standards officer's refusal to issue an order to pay.

The parties subsequently entered into Minutes of Settlement with the assistance of a Labour Relations Officer, agreeing to a payment of $221.00 to resolve all issues.

Pursuant to section 69.1(5) of the Employment Standards Act, the Board terminated the application.

David Martin v. Royal City Chrysler Dodge Jeep and Ministry of Labour, 2001 CanLII 7648

John Morgan Lewis

Application for certification withdrawn with leave of the Board.

The applicant union sought to withdraw its application for certification.

The Ontario Labour Relations Board granted leave to withdraw the application and directed the parties to section 7(9) of the Labour Relations Act, 1995 regarding any future applications.

The International Union of Painters and Allied Trades, Local Union 1891 v. The Board of Governors of Exhibition Place, 2001 CanLII 9859

John Morgan Lewis

Representation vote directed in application to terminate bargaining rights.

The applicant filed an application under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party trade union no longer represents the employees in the bargaining unit at Brisk-All Glass.

The Board found the application timely and that not less than forty per cent of the employees had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken.

Bill Yando et al v. The International Brotherhood of Painters and Allied Trades and the Ontario Council of the International Brotherhood of Painters and Allied Trades, 2001 CanLII 16222

John Morgan Lewis

Board directs representation vote in application to terminate union's bargaining rights.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The Board found the application timely and that at least forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

The Board directed that a representation vote be taken among the eligible employees.

Elfried Eggink v. The International Union of Painters and Allied Trades, Local 200, 2001 CanLII 13115

John Morgan Lewis

Representation vote directed in application for termination of bargaining rights.

The applicant employees applied under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The Board found the application timely and that not less than forty percent of the employees in the bargaining units had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken.

The Unionized Employees of Ariss Concrete Forming Ltd. v. Labourers’ International Union of North America, 2001 CanLII 12279

John Morgan Lewis

Employer ordered to pay damages for failing to call in union steward for overtime shift after defaulting on grievance referral.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer violated the collective agreement by failing to call in the union steward for a Saturday overtime shift.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the employer violated the collective agreement, cancelled the scheduled hearing, and ordered the employer to pay $2,668.44 in damages and $214.00 in costs.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. C & T Reinforcing (1987) Ltd., 2001 CanLII 7684

John Morgan Lewis

Representation vote directed in application to terminate construction industry bargaining rights.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights for a unit of employees in the construction industry.

The Board found the application timely and that not less than forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken.

Lefebvre v. Sheet Metal Workers’ International Association, Local Union No. 47, 2001 CanLII 17993

John Morgan Lewis

Employer ordered to pay over $39,000 in unpaid wages and waiting time pay in default grievance proceeding.

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

The responding employer failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the employer was deemed to have accepted all facts stated in the application.

The Board found the employer violated the collective agreement by failing to pay wages, failing to reimburse for NSF cheque bank fees, and failing to provide Records of Employment.

The Board ordered the employer to pay $39,179.26 in outstanding wages, waiting time pay, bank fees, and statutory fees.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Christopher M. Sandy c.o.b. as Sunrise Construction and Custom Welding, 2001 CanLII 2715

John Morgan Lewis

Representation vote directed in application to terminate union bargaining rights.

The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party's bargaining rights.

The Board found the application timely and that at least forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union.

The Board directed that a representation vote be taken among the eligible employees.

Peter Yawney v. International Brotherhood of Electrical Workers, Construction Council of Ontario, 2001 CanLII 5032

John Morgan Lewis

OLRBOntario Labour Relations BoardApr 9, 2001

Consent order issued directing employer to pay $20,000 for violating union security provisions.

The applicant union referred a construction industry grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer violated the union security provisions of the collective agreement by hiring non-union workers directly.

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

The Board issued a consent order declaring that the employer was bound by the Principal Agreement, had violated it by employing non-union members, and directed the employer to pay $20,000 in damages to the union.

International Brotherhood of Electrical Workers, Local 120 v. Pym Electric Limited, 2001 CanLII 10874

John Morgan Lewis

OLRBOntario Labour Relations BoardApr 9, 2001

Board issues consent order directing employer to pay $20,000 for union security clause violations.

The applicant union referred a construction industry grievance to the Board alleging the employer violated the union security provisions of the collective agreement by hiring non-union workers directly.

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

The Board issued a consent order declaring the employer bound by the Principal Agreement, declaring it had violated the agreement by employing non-union members, and directing the employer to pay $20,000 in damages to the union.

International Brotherhood of Electrical Workers, Local 120 v. Pym Electric Limited, 2001 CanLII 11248

John Morgan Lewis

OLRBOntario Labour Relations BoardApr 9, 2001

Grievance allowed in default proceeding; employer ordered to pay damages for termination without cause.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer terminated a union member without cause.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the termination violated the collective agreement, ordered the removal of disciplinary notations, and awarded damages for lost wages and benefits, along with costs.

International Union of Bricklayers and Allied Craftsworkers, Local 7 v. GA Masonry Ltd., 2001 CanLII 9843

Work assignment complaint dismissed; assignment of off-site reuse dismantling work to Labourers affirmed based on employer policy.

The Sheet Metal Workers filed a work assignment complaint under section 99 of the Labour Relations Act, 1995, claiming that the dismantling and removal of sheet metal siding from a warehouse for reuse off-site should have been assigned to its members rather than the Labourers.

The Board considered Ontario Hydro's long-standing policy, which distinguishes between materials reused on-site versus off-site.

Finding that the skills, training, and economy criteria did not favour either union, the Board relied on the employer's established policy and practice.

The Board affirmed the assignment of the work to the Labourers and dismissed the application.

Ontario Sheet Metal Workers’ & Roofers’ Conference v. T.A. Andre & Sons (Ontario) Ltd., 2001 CanLII 14003

John Morgan Lewis