Laura Trachuk

OLRBOntario Labour Relations BoardNov 15, 2000

Hearing adjourned to allow applicant to provide written submissions explaining his failure to attend.

The applicant sought a review of an Employment Standards Officer's decision not to issue an Order to Pay.

On the scheduled hearing date, the applicant failed to attend, having left a telephone message that his car had broken down.

The responding party employer requested the application be dismissed, while the Ministry of Labour requested an adjournment.

The Board adjourned the hearing and directed the applicant to file written submissions explaining his absence, failing which the application would be dismissed.

Kevin Wilson v. Pizza Hut: Tricon Global Restaurants and Ministry of Labour, 2000 CanLII 4009

Laura Trachuk

OLRBOntario Labour Relations BoardNov 15, 2000

New adjudicator has jurisdiction to hear appeal after original adjudicator resigns without issuing decision.

The original Adjudicator/Referee assigned to hear an application for review of an Order to Pay under the Employment Standards Act resigned without issuing a decision.

The applicant challenged the jurisdiction of a newly appointed Adjudicator/Referee to rehear the matter, arguing the original adjudicator remained seized.

The new Adjudicator/Referee held that the original adjudicator lost jurisdiction upon resignation, as there is no statutory authority extending jurisdiction in such circumstances.

The matter was directed to proceed to a new hearing.

The Regional Group of Companies Inc. v. Tom Quinn and Ministry of Labour, 2000 CanLII 1989

Laura Trachuk

OLRBOntario Labour Relations BoardNov 6, 2000

Board directs applicant to make submissions on union and employer's request to reconsider arbitration of suspension grievances.

The responding party union and intervenor employer requested that the Board reconsider its prior decision directing the parties to proceed to arbitration with the applicant's discharge grievance and two prior suspension grievances.

The union and employer argued that the applicant had not requested arbitration for the suspension grievances in his application.

The Board declined to reconsider its decision regarding the discharge grievance but directed the applicant to make submissions regarding the request to reconsider the decision on the suspension grievances.

Byron R. Green v. Canadian Auto Workers Union Local #222 and C.A.W. National Union, 2000 CanLII 9937

Laura Trachuk

OLRBOntario Labour Relations BoardNov 1, 2000

Board directs applicant to file submissions on union's request to dismiss duty of fair representation complaint.

The applicant filed an application alleging that the responding party local union violated section 74 of the Labour Relations Act, 1995 regarding his worker's compensation claim.

The responding party requested that the application be dismissed without a consultation, arguing that the national union, not the local, had undertaken to assist the applicant.

The Board directed the applicant to file submissions on the request to dismiss before deciding whether to schedule a consultation.

Russel Bélanger v. CUPE 1974, 2000 CanLII 3462

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

The applicant union and responding employer agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if neither party requests to proceed.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union 800 v. Gorf Contracting Limited, 2000 CanLII 6510

Thomas D. Kerr

8 cases2000–2019

Michael O'Brien

8 cases1999–2012

Laura Trachuk

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardOct 19, 2000

Board ordered payment of unpaid remittances and liquidated damages but denied union's filing fees.

The applicant union referred a grievance to arbitration under section 133 of the Labour Relations Act, 1995, claiming unpaid remittances and liquidated damages for late payments.

The responding party employer admitted the late and unpaid remittances but argued it should not have to pay liquidated damages or the union's filing fees because the union filed a false certificate of delivery and served the materials late.

The Board relieved against the strict application of its Rules of Procedure regarding service, noting the employer suffered no prejudice as the hearing had been adjourned by agreement.

The Board ordered the employer to pay the unpaid remittances and liquidated damages.

However, the Board declined to order the employer to pay the union's filing and hearing fees, as neither the collective agreement nor the Act provided for such an award in these circumstances.

Universal Workers Union, L.I.U.N.A., Local 183 v. Osler Paving & Construction Ltd., 2000 CanLII 4473

Laura Trachuk

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardOct 18, 2000

Application withdrawn with leave of the Board pursuant to parties' agreement.

The applicant union sought to withdraw its application pursuant to an agreement of the parties dated October 13, 2000.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Operative Plasterers’, Cement Masons’ and Restoration Steeplejacks’ International Association of the United States and Canada, Union Local 598 v. Bravo Cement Contracting (Windsor) Inc., 2000 CanLII 3671

Laura Trachuk

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardOct 16, 2000

Board adjourns grievance hearing and issues consent declarations regarding collective agreement bindingness and disclosure.

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

On agreement of the parties, the Board adjourned the hearing and issued consent declarations that the responding party is bound to the Provincial Agreement, violated Article 3 of that agreement, and must disclose relevant documents.

International Union of Painters and Allied Trades, Local 1819, Glaziers v. Stanley Canada Inc., 2000 CanLII 9535

Laura Trachuk

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardOct 16, 2000

Consent order issued for $26,469.51 in damages for failure to make required remittances.

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

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

The Board issued consent orders declaring the responding party bound to the collective agreement, finding a violation for failure to make required remittances, and ordering the payment of $26,469.51 in damages along with the provision of records of employment.

United Brotherhood of Carpenters and Joiners of America, Local 18 v. EBCI Framing & Drywall, 2000 CanLII 2129

Laura Trachuk

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardOct 12, 2000

Application adjourned sine die on consent 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 if neither party requests to proceed.

The International Union of Painters and Allied Trades, District Council 46 v. M. L. Painting & Decorating Ltd., 2000 CanLII 6526

Laura Trachuk

OLRBOntario Labour Relations BoardOct 11, 2000

Board directs hearing of one firefighter application to proceed before another to provide guidance.

The applicants requested that the hearing for Board File No. 2458-99-M proceed before Board File No. 2684-99-M. The responding party in the latter file opposed the proposal.

The Board decided to proceed with the first file, as it involved fewer positions in dispute and the determinations would be useful for guiding other applications regarding firefighter positions.

The Board also directed that evidence and argument regarding the 'platoon chief' position be heard first.

The Corporation of the City of Brantford v. Brantford Professional Fire Fighters' Association, 2000 CanLII 6100

W. J. McNaughton

30 cases1980–2000

Laurence C. Arnold

24 cases1981–2001

J. Raso

19 cases1992–2001

Laura Trachuk

G. McMenemy

OLRBOntario Labour Relations BoardOct 10, 2000

A. Pickell

OLRB0 cases2000–2000

Intervening union directed to file jurisdictional dispute application within 30 days per Board practice.

The applicant union referred a grievance under s. 133 of the Labour Relations Act, 1995, which the parties agreed was essentially a jurisdictional dispute over work assigned to the intervenor union.

The parties agreed to adjourn the grievance pending the determination of the jurisdictional dispute but could not agree on who should file the jurisdictional dispute application.

The Board directed that, in accordance with its past practice, the intervening union must file the jurisdictional dispute application within 30 days, as it otherwise has no status to participate in the grievance proceeding.

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 666 v. E. S. Fox Limited, 2000 CanLII 9832

Laura Trachuk

J. G. Knight

A. Haward

OLRBOntario Labour Relations BoardOct 6, 2000

Application adjourned on consent of the parties.

The Ontario Labour Relations Board adjourned the application on consent of the parties and directed the Registrar to set two consecutive hearing dates as soon as possible.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. R.J. Wilcox Partitions & Ceiling Systems Inc., 2000 CanLII 9815

Mircho Mirchev

Licence Surrendered - Retired5 cases2000–2001

Laura Trachuk

OLRBOntario Labour Relations BoardOct 5, 2000

Application for review of employment standards decision dismissed due to applicant's failure to attend.

The applicant employer applied for a review of an Employment Standards Officer's decision under section 68 of the Employment Standards Act.

The applicant failed to attend the scheduled hearing.

The claimant and counsel for the Ministry of Labour attended and requested that the matter be dismissed.

The Board dismissed the application due to the applicant's failure to attend and directed that the monies held in trust be paid out to the claimant.

Bayview Commercial Property Services Inc. v. Michael Williams and Ministry of Labour, 2000 CanLII 10896

Patrick Squire

Murray Klein

22 cases2000–2002

David A. Broad

9 cases2000–2008

C. White

Brian Fukuzawa

9 cases1999–2001

Laura Trachuk

OLRBOntario Labour Relations BoardOct 3, 2000

Purchaser of insolvent business from receiver held liable as successor employer for employees' accrued entitlements.

The applicant employer sought review of two Orders to Pay issued under the Employment Standards Act.

The Employment Standards Officer found that the applicant was a successor employer following a sale of a business from a company in receivership.

The Board upheld the Officer's findings, concluding that the transaction constituted a sale of a business under section 13(2) of the Act.

The Board held that the applicant was liable for vacation pay accrued by employees prior to the sale, and that a former director and minority shareholder qualified as an employee entitled to termination and severance pay.

Furthermore, the Board found that another employee was constructively dismissed when his shift was fundamentally changed, entitling him to termination and severance pay based on his combined service with both employers.

King Craft Division of Polk Canada Ltd. v. Burnell, 2000 CanLII 8874

Laura Trachuk

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardOct 2, 2000

Board incorporates Minutes of Settlement and schedules hearing to determine quantum of damages for collective agreement violations.

The applicant referred a construction industry grievance to the Board under s. 133 of the Labour Relations Act, 1995.

The parties entered into Minutes of Settlement.

The Board issued declarations incorporating the settlement, confirming a subpoena remains binding, and directing that the sole issue for the upcoming hearing is the amount of additional monies owing for collective agreement violations.

Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America v. 1328156 Ontario Limited and Resici Group Inc., 2000 CanLII 10366

Laura Trachuk

OLRBOntario Labour Relations BoardSep 28, 2000

Request for reconsideration of duty of fair representation complaint dismissed due to delay and lack of merit.

The applicant requested reconsideration of a Board decision dismissing his duty of fair representation complaint against the union.

The request was filed beyond the 20-day period specified in the Board's Rules of Procedure.

The Board denied the request, noting that complaints about a mediation meeting were irrelevant to the decision, and a 10-month delay between arbitration dates did not support a claim that the union violated section 74 of the Labour Relations Act, 1995.

Anthony Barry v. Elementary Teachers’ Federation of Ontario, 2000 CanLII 2132

Laura Trachuk

OLRBOntario Labour Relations BoardSep 28, 2000

Duty of fair representation complaint against individual and employer dismissed; applicant ordered to produce materials.

The applicant filed a duty of fair representation complaint against the union, an individual union representative, and the employer.

The responding parties requested the application be dismissed for failing to plead a prima facie case.

The Board directed the applicant to provide further materials and tapes to the other parties before ruling on the motion to dismiss.

The Board also dismissed the application against the individual union representative and the employer, noting that section 74 of the Labour Relations Act only applies to a union, and amended the style of cause to list the employer as an intervenor.

Luke Godin v. International Association of Machinists, Local Lodge 905, 2000 CanLII 9846

P. Li

M.T. Doi

K. Chan

2 cases2000–2020

J James Nyman

38 cases1981–2016

Howard Law

2 cases1988–2000

Laura Trachuk

OLRBOntario Labour Relations BoardSep 27, 2000

Interim certification granted to the union pending final resolution of disputed bargaining unit classifications.

The applicant union applied for certification.

A representation vote was held, and more than 50% of the ballots cast were in favour of the applicant.

The parties agreed on the bargaining unit description, except for certain disputed positions.

The Board determined that the applicant's right to certification could not be affected by the ultimate decision on the disputed classifications.

Pursuant to section 9(2) of the Act, the Board granted interim certification to the applicant pending the final resolution of the bargaining unit's composition.

Communications, Energy and Paperworkers Union of Canada Local 87-M Southern Ontario Newspaper Guild v. Sing Tao Newspapers (Canada 1988) Limited, 2000 CanLII 8165

Laura Trachuk