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to the responding party, and with no statements of desire filed, the Board declared that the responding party no longer represents the employees in the bargaining unit.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

Hearing adjourned and deadlines set for filing particulars and an amended response.

The responding party requested an adjournment of the scheduled hearing dates.

The Ontario Labour Relations Board granted the adjournment, rescheduling the hearing to June 25 and 26, 2001.

The Board also directed the applicant to file particulars and the responding party to file an amended response by specified dates.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Lotto Sanitation Inc., 2001 CanLII 9867

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

Board rescinds default judgment and issues consent order for $2,524.32 based on parties' settlement.

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

The Board initially issued a default judgment.

Subsequently, the parties met with a Labour Relations Officer and executed Minutes of Settlement resolving all outstanding matters.

The Board reconsidered and rescinded its default judgment, and issued a consent order declaring the employer bound by the collective agreement, finding violations of the agreement, and ordering the employer to pay $2,524.32 in damages.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. C & T Reinforcing (1987) Ltd., 2001 CanLII 2857

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

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

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 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

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

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

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 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

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

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

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

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

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

John Morgan Lewis

OLRBOntario Labour Relations BoardDec 21, 2000

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

The employer applied for a review of an Order to Pay issued by an Employment Standards Officer.

The employer and the employee entered into Minutes of Settlement to resolve the matter without litigation.

The Board ordered the disbursement of the funds held in trust by the Director in accordance with the settlement, directing $5,932.70 to the employee and $593.27 to the Consolidated Revenue Fund, and terminated the application.

Hollywood Princess Convention and Banquet Centre Ltd. v. Angela D’Abrosio and Ministry of Labour, 2000 CanLII 13603

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 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.

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

John Morgan Lewis

Hearing adjourned and deadlines set for filing particulars and an amended response.

The responding party requested an adjournment of the scheduled hearing dates.

The Ontario Labour Relations Board granted the adjournment, rescheduling the hearing to June 25 and 26, 2001.

The Board also directed the applicant to file particulars and the responding party to file an amended response by specified dates.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Lotto Sanitation Inc., 2001 CanLII 9867

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

Board rescinds default judgment and issues consent order for $2,524.32 based on parties' settlement.

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

The Board initially issued a default judgment.

Subsequently, the parties met with a Labour Relations Officer and executed Minutes of Settlement resolving all outstanding matters.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. C & T Reinforcing (1987) Ltd., 2001 CanLII 2857

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

Representation vote directed in application to terminate bargaining rights.

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

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 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

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

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

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

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 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 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

Deceased71 cases1986–2017

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

Rod Pollock

2 cases2000–2001

Robert N. Singer

3 cases2000–2001

Pat Moran

3 cases1995–2001

John Moszynski

Jerry Raso

73 cases1990–2024

John Morgan Lewis

OLRBUnanimous (Wrote the reasons)0 cases1999–2001

G. Pickell

OLRBUnanimous0 cases1998–2001

G. McMenemy

OLRBUnanimous0 cases1993–2001

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

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

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

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

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

John Morgan Lewis

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

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

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

John Morgan Lewis

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

John Morgan Lewis