Mary Ellen Cummings

Employment Standards Act matter terminated following parties' Minutes of Settlement.

The applicant sought a review under the Employment Standards Act.

The parties reached Minutes of Settlement.

The Ontario Labour Relations Board terminated the matter in accordance with section 69.1(5) of the Employment Standards Act.

Constance Worthing v. Mini Maid and Ministry of Labour, 2001 CanLII 10632

Board requests submissions on whether to disclose Form A-74 in construction industry certification applications.

In a construction industry certification application, the responding employer requested that the Board provide it with the completed Form A-74 Declaration Verifying Membership Evidence, arguing it was necessary to decide whether to maintain its section 8.1 challenge under the Labour Relations Act, 1995.

The Board directed the applicant union to provide submissions on whether the Board should change its longstanding administrative practice of not providing this document in construction applications, before making a determination.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Integral Utilities Inc., 2001 CanLII 10241

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Representation vote ordered in construction industry certification application with segregated ballots for disputed employees.

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

The responding party failed to file a response.

The intervenor claimed to hold bargaining rights for some employees in the proposed unit.

The Board found that the applicant had sufficient membership support and ordered a representation vote, directing that ballots of employees performing work claimed by the intervenor be segregated.

Allied Construction Employees, Local 1030, United Brotherhood of Carpenters and Joiners of America v. Chesterform Ltd., 2001 CanLII 7613

Mary Ellen Cummings

Board ordered disbursement of funds held in trust pursuant to parties' settlement of Employment Standards Act review.

The applicant employer sought review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Board ordered the funds held in trust by the Director to be disbursed according to the settlement, with $318.24 returned to the employer, $795.60 paid to the employee, and the $111.38 administration fee retained by the Consolidated Revenue Fund.

The matter was deemed terminated subject to any request by the Ministry of Labour to relist it.

Urlin Rent A Car Ltd. v. Brooks, 2001 CanLII 3648

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board orders representation vote and seals ballot box pending related employer application.

The applicant applied to terminate the responding party's bargaining rights under section 63 of the Labour Relations Act, 1995.

The responding party sought to bind the intervenor to a collective agreement through an ongoing section 69 and 1(4) application.

The Board ordered a representation vote to be held, with the ballot box sealed pending the determination of the issues raised in the application.

Chad Saulnier v. Carpenters’ District Council of Ontario, 2001 CanLII 3633

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Representation vote directed in decertification application despite union's allegations of employer intimidation and coercion.

The applicant filed an application 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 expressed a wish not to be represented by the union.

Despite the union's allegations that the employer threatened, intimidated, and coerced employees to bring the application, the Board directed that a representation vote be taken and the ballots counted.

Brad Martin v. Labourers’ International Union of North America, Local 183, 2001 CanLII 6847

Mary Ellen Cummings

Board issues order disbursing funds held in trust pursuant to parties' Minutes of Settlement.

The applicant employer sought a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board issued an order directing the disbursement of the $4,538.30 held in trust to the employee, with the administration fee retained by the Consolidated Revenue Fund, and deemed the matter terminated subject to any request by the Ministry of Labour to relist.

Digital Mobile Systems Inc. v. Lou Stojanovski and Ministry of Labour, 2001 CanLII 6790

Mary Ellen Cummings

Employment standards review resolved by minutes of settlement; trust funds disbursed accordingly.

The applicant employer sought a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the disbursement of the $520 held in trust, with $250 returned to the employer, $170 paid to the employee, and $100 retained by the Consolidated Revenue Fund as an administration fee.

Shenanigans Decorating Depot Ltd. v. Anita Burford and Ministry of Labour, 2001 CanLII 6479

Mary Ellen Cummings

Employee's request for review dismissed as untimely after failing to respond to Board's invitation for extension.

The applicant filed a request for review of an Employment Standards Officer's decision 10 days outside the statutory 45-day appeal period.

The Board sent a letter inviting the applicant to request an extension of time and provide reasons for the delay.

The applicant did not respond.

The application was dismissed as untimely.

Gary Lopes v. GE Capital Information Technology Solutions Inc. and Ministry of Labour, 2001 CanLII 20780

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Representation vote directed in application to terminate bargaining rights.

The applicant applied to the Ontario Labour Relations Board 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.

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.

Robert Lackie v. Sheet Metal Workers’ International Association, Local 30, 2001 CanLII 18312

Mary Ellen Cummings

Time limit to appeal Order to Pay extended due to employer's understandable confusion regarding filing procedures.

The employer appealed an Order to Pay for termination pay but filed the application after the 45-day time limit.

The employer explained that it had paid the money into trust in a timely manner but experienced difficulties obtaining the application form because it did not realize appeals must be filed with the Ontario Labour Relations Board rather than the Employment Standards Branch.

The Board exercised its discretion to extend the time for filing the appeal, finding the employer's confusion understandable and noting its clear intention to appeal.

913719 Ontario Ltd. o/a Adults Only Video v. April Higgins and Ministry of Labour, 2001 CanLII 3818

Mary Ellen Cummings

OLRB orders disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

The applicant employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the funds held in trust by the Director to be disbursed in accordance with the settlement, with the employee receiving $1,225.62, the employer receiving $572.00, and the administration fee retained by the Consolidated Revenue Fund.

First International Courier Systems Inc. v. Ayodele Shoneyin and Ministry of Labour, 2001 CanLII 2547

Mary Ellen Cummings

Application for review of Order to Pay dismissed as untimely; being too busy to read mail is not a valid excuse.

The employer applied for a review of an Order to Pay two days after the 45-day time period for filing appeals had expired.

The employer requested an extension of time, explaining that he had been busy with other business and personal matters and had not attended to his paperwork.

The Board declined to extend the time, finding that failing to read mail in a timely way is not a sufficient reason to grant an extension.

The application was dismissed as untimely.

1263170 Ontario Limited o/a Tantastic Suntanning Centres v. Linda Burns and Ministry of Labour, 2001 CanLII 21088

Mary Ellen Cummings

Matter terminated following Minutes of Settlement between the parties.

The applicant brought a matter before the Ontario Labour Relations Board.

The parties entered into Minutes of Settlement.

The Board terminated the matter in accordance with subsection 69.1(5) of the Employment Standards Act.

Peplinski v. USS Manufacturing Inc., 2001 CanLII 13640

Mary Ellen Cummings

G. Pickell

A. Haward

Representation vote ordered and ballot box sealed pending resolution of jurisdictional and bargaining unit disputes.

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

The responding party filed a section 8.1 notice challenging the employee estimate, asserted that its labour relations fall under federal jurisdiction, and disputed the proposed bargaining unit.

Without determining the appropriate bargaining unit or the jurisdictional issue, the Board directed that a representation vote take place among employees in the proposed voting constituency.

The Board ordered the ballot box sealed pending the determination of the outstanding issues.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Integral Utilities Inc., 2001 CanLII 12857

Mary Ellen Cummings

Employment Standards Act proceeding terminated following Minutes of Settlement.

The applicant and responding parties entered into Minutes of Settlement.

The Ontario Labour Relations Board terminated the proceeding in accordance with subsection 69.1(5) of the Employment Standards Act.

Ewa Burkiewicz v. Ikon Office Solutions, 2001 CanLII 11517

Mary Ellen Cummings

G. Pickell

A. Haward

Representation vote ordered in construction industry certification application with ballot box sealed.

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

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent in the proposed bargaining unit.

The responding party agreed with the bargaining unit description but filed a notice under section 8.1 of the Act disputing the applicant's estimate of the number of employees and requested that the ballot box be sealed.

The Board directed that a representation vote be taken and ordered the ballot box sealed pending further order or agreement of the parties.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Lormel Homes Ltd., 2001 CanLII 6057

Tony Pinto

3 cases1988–2001

Marcia Kredentser

6 cases2000–2001

Carl Peterson

53 cases1984–2023

Mary Ellen Cummings

OLRBOntario Labour Relations BoardApr 23, 2001

Contractors ordered to post $100,000 industry bond; Board rules separate hearing fees required for consolidated grievances.

The applicants referred four construction industry grievances to the Board, alleging that the responding contractors failed to post an industry bond as required by an amended collective agreement.

The Board first ruled that the applicants must pay four separate hearing fees, despite the matters being heard together, as the fee schedule is designed for administrative simplicity and cost recovery per referral.

On the merits, the Board found that the responding parties, who did not appear, violated the collective agreement by failing to post the required $100,000 bond.

The Board ordered the responding parties to post the bond and reimburse the applicants' filing and hearing fees.

The Residential Low Rise Forming Contractors’ Association of Metropolitan Toronto and Vicinity and Universal Workers Union, LIUNA Local 183 v. Metro Forming Ltd., 2001 CanLII 13271

Mary Ellen Cummings

Board directed applicant to file submissions on why old duty of fair representation complaint shouldn't be dismissed.

The applicant filed a duty of fair representation complaint against the union, alleging inadequate representation during an arbitration regarding workplace harassment and defamation dating back to 1993.

The arbitrator had dismissed the grievance as untimely.

The Board raised concerns about the age of the allegations and whether there was any labour relations purpose in inquiring into the complaint.

The Board directed the applicant to file submissions addressing why the matter should not be dismissed without a hearing.

Michelle Ann Rondeau v. Ontario Public Service Employees’ Union, 2001 CanLII 20536

Mary Ellen Cummings

Employment and Labour Law

Employer's application to exclude a vacant position from the bargaining unit withdrawn.

The employer applied under section 114(2) of the Labour Relations Act, 1995 for a determination that a position should be excluded from the bargaining unit because the person exercised managerial functions.

The union responded that the position was vacant, making the inquiry premature.

The employer subsequently sought leave to withdraw the application, agreeing with the union's position.

The Board granted leave to withdraw the application and cancelled the hearing.

Milton Public Library v. Canadian Union of Public Employees and its Local 932, 2001 CanLII 2961

for 935772 Ontario Limited c.o.b. as "Royal Taxi"

Carl PetersonCounsel
1 appearance

for a number of responding parties

Robert A. StewartCounsel
1 appearance

for Aspen Aluminum

Gary FoersterCounsel
1 appearance
Mike FoersterCounsel
1 appearance
Mark E. GeigerCounsel
1 appearance
Chris EllisCounsel
1 appearance

for Association of Allied Health Professionals: Ontario

Susan UrselCounsel
1 appearance
Bob FrleCounsel
1 appearance
Larna OcampoCounsel
1 appearance

for Bill George Frolick et al

David CowlingCounsel
1 appearance

for Canadian Linen and Uniform Service Company Ltd.

Bob KupchakCounsel
1 appearance
Stephen F. WilsonCounsel
1 appearance
Erin R. KuzzCounsel
1 appearance

for Canadian Union of Public Employees

Dana IvanochkoCounsel
1 appearance
Mohani SwaminathanbCounsel
1 appearance
Any JackmanCounsel
1 appearance
Kim SheppardCounsel
1 appearance

for Canadian Union of Public Employees, Local 2296

Cathy LaceCounsel
1 appearance
Ian ThompsonCounsel
1 appearance

for Carpenters and Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America

Sergio LopesCounsel
1 appearance
David WatsonCounsel
1 appearance

for Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America

Farah BalouCounsel
1 appearance
Steve WolfreysCounsel
1 appearance
Butch BiscoCounsel
1 appearance
David WatsonCounsel
1 appearance

for Carpenters’ and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America

C. CalliganCounsel
1 appearance
Lister TenantCounsel
1 appearance
N. L. JesinCounsel
1 appearance

for City of Toronto

Issic BergerCounsel
1 appearance
Heather CrispCounsel
1 appearance

for College Boréal

George VuiciCounsel
1 appearance
Diane BelandCounsel
1 appearance

for Conseil scolaire de district des écoles catholiques du sud-ouest

François Lee-DaigleCounsel
1 appearance
S. Margot BlightCounsel
1 appearance

for Denise Fitzpatrick

Jeffrey E. Canto-ThalerCounsel
1 appearance

for Family and Children's Services of the District of Thunder Bay

Fred BickfordCounsel
1 appearance

for Fédération des enseignants et enseignantes des écoles secondaires de l’Ontario

Allen GottheilCounsel
1 appearance
Colombe BeauregardCounsel
1 appearance

for Guy Rivest, on his own behalf and on behalf of a group of employees of Les Toitures Raymond 1997 Inc. and/or Les Toitures Raymond et Ass. Inc. and/or Raymond and Associates Roofing Inc.

Bruce SevignyCounsel
1 appearance
Guy RivestSelf-represented
1 appearance

for Hay Management Consultants Limited

Mary EbertsCounsel
1 appearance
Linda TelgarskyCounsel
1 appearance

for herself

Kathy CraneSelf-represented
1 appearance

for himself

Barry EpsteinSelf-represented
1 appearance

for Jack Da Silva

H. P. RolphCounsel
1 appearance

for la Coopérative du Collège Boréal Limitée

Marcel LegerCounsel
1 appearance

for Le Syndicat Canadian de la fonction publique

Denise CarterCounsel
1 appearance
Denise BondyCounsel
1 appearance
John ElderCounsel
1 appearance
Daria IvanochkoCounsel
1 appearance

for Local 2

Ron SmithUnion representative
1 appearance

for Maclean Hunter Canadian Publishing, a division of Maclean Hunter Limited

Charles LeeCounsel
1 appearance
Lee ShouldiceCounsel
1 appearance

for Maclean's Magazine and Canadian Publishing Division of Maclean-Hunter Limited

Lee ShouldiceCounsel
1 appearance
Charles LeeCounsel
1 appearance

for Matrix Construction Ltd.

Tony RobertsAgent
1 appearance

for Metcalfe Realty Company Limited

Michael S. RuddyCounsel
1 appearance
Jan HaubrichCounsel
1 appearance

for Nice-Trim Finish Carpentry Ltd.

Joseph LibermanCounsel
1 appearance

for Ontario Nurses’ Association

Barbara FindlayCounsel
1 appearance
Caroline CohenCounsel
1 appearance
Anne MurrayCounsel
1 appearance
Raymonde BoileauCounsel
1 appearance

for Ontario Public Serivce Employees Union

Tracey MussettCounsel
1 appearance
Richard A. BlairCounsel
1 appearance

for OPSEU

Barb MeilennerUnion representative
1 appearance
Kristin EliotUnion representative
1 appearance
Mario PostareroCounsel
1 appearance
Ed OgibowskiCounsel
1 appearance
Michael YuilleUnion representative
1 appearance
Richard BlairCounsel
1 appearance
Jamie RamageCounsel
1 appearance
Martin SarraUnion representative
1 appearance
Gavin AndersonUnion representative
1 appearance
Pat McGregorUnion representative
1 appearance
Brad ThompsonCounsel
1 appearance

for Peterborough Civic Hospital

Robert HickmanAgent
1 appearance
Philip DayAgent
1 appearance

for Pinevalley Trim & Doors Ltd.

Antonio RodriguesCounsel
1 appearance

for Pinevalley Trim & Doors Ltd. and Wyecroft Lumber and Trim Limited

David ChondonCounsel
1 appearance

for Providence Continuing Care Centre St. Mary’s of the Lake Hospital Site

Sandra CarltonCounsel
1 appearance
Roy FilionCounsel
1 appearance
Jim CorneilCounsel
1 appearance

for responding party employer

Shawn KirwanCounsel
1 appearance
Andrew GreenCounsel
1 appearance

for Richard Appleton and Brian Greene

H. KopytoAgent
1 appearance

for Scarborough Town Centre Holdings Inc.

John BragagnoloCounsel
1 appearance
David C. DanielsCounsel
1 appearance

for Service Employees International Union, Local 204

Karen WalshCounsel
1 appearance
Peggy ReillyCounsel
1 appearance
Kate HughesCounsel
1 appearance

for Sheet Metal Workers’ International Association, Local No. 47

Craig MorrisionCounsel
1 appearance

for Sherwood Trim & Doors Inc.

Edward IrvineCounsel
1 appearance
Joseph MorrisonCounsel
1 appearance

for St. Michael's Hospital

Michael MogaCounsel
1 appearance
Andrew RomanCounsel
1 appearance
Peter ChauvinCounsel
1 appearance

for T. C. Assaly

Andrew ListerCounsel
1 appearance
Linda MosienkoAgent
1 appearance

for the applicant

Michael O’BrienUnion representative
4 appearances
Maurice BroadfootCounsel
1 appearance
John SprackettCounsel
1 appearance
David C. DanielsCounsel
1 appearance
David KelavaCounsel
1 appearance
Luigi CaringiUnion representative
1 appearance
Steve CronkrightUnion representative
1 appearance
Chris AppletonCounsel
1 appearance
W. NicholsUnion representative
1 appearance
Domenic BellanzaAgent
1 appearance
Alison CollierUnion representative
1 appearance
Shelly McMurraySelf-represented
1 appearance
S.B.D. WahlCounsel
1 appearance
T.A. ZakrzewskiCounsel
1 appearance
A.M. MinskyCounsel
1 appearance
Gail PolskeyAgent
1 appearance
Timothy J. BartkiwCounsel
1 appearance
Ron RupkeAgent
1 appearance
Don HogarthCounsel
1 appearance
Nick ColemanCounsel
1 appearance

for the Applicant

Luigi CaringiUnion representative
2 appearances
Mary Elizabeth HartAgent
1 appearance
Self-representedSelf-represented
1 appearance
Tammy FedorukSelf-represented
1 appearance
Georgia SteinhardAgent
1 appearance
Pat DewykAgent
1 appearance
Chris CromptonUnion representative
1 appearance
Walter SquazzinAgent
1 appearance
C.A. GauthierAgent
1 appearance
Joe DaignaultAgent
1 appearance
Gary LopesSelf-represented
1 appearance
James ThorpeSelf-represented
1 appearance
Enir BassaniAgent
1 appearance
John WoonCounsel
1 appearance
Donna SpasicAgent
1 appearance
Ian ReillyAgent
1 appearance
Sandra MajicAgent
1 appearance
Craig MorriceSelf-represented
1 appearance
Donna SpasicCounsel
1 appearance
Ray BrazeauAgent
1 appearance

For the Applicant

Doug TschirhartSelf-represented
1 appearance

for the Applicant Association

Harold PiccininniAgent
1 appearance

for the applicants

Barry WeislederSelf-represented
1 appearance
Mr. LigtenbergAgent
1 appearance
Bernard FishbeinCounsel
1 appearance
Deborah BerlachCounsel
1 appearance

for the Applicants

Jerry JoyCounsel
1 appearance
James NoonanCounsel
1 appearance
Roger FultonCounsel
1 appearance

for the Applicants and the Respondent Stelco

Toni-Anne N. DasentCounsel
1 appearance
Roger FultonCounsel
1 appearance
James B. NoonanCounsel
1 appearance
Jerry JoyCounsel
1 appearance

for the Applicants and the Respondent Stelco Inc.

Roger FultonCounsel
1 appearance
James B. NoonanCounsel
1 appearance
Jerry JoyCounsel
1 appearance
Toni-Anne N. DasentCounsel
1 appearance

for the Applicant Union

Antonio J. PintoUnion representative
1 appearance

for the Association of Allied Health Professionals: Ontario

Laura TrachukAgent
1 appearance
Sheila PhilipsAgent
1 appearance
Lynn KeaysAgent
1 appearance

for the Canadian Union of Public Employees, Local 5167

Mark GallinaCounsel
1 appearance
Gus OliveiraCounsel
1 appearance
Michael StokesCounsel
1 appearance

for the Carpenters

Andy RootCounsel
1 appearance
C. CalliganCounsel
1 appearance
N. L. JesinCounsel
1 appearance

for the CAW Canada

Anthony F. DaleCounsel
1 appearance
Chris OuelletteUnion representative
1 appearance

for the City of Hamilton

Walter ThorntonCounsel
1 appearance
Robert MenaghCounsel
1 appearance

for the City of Waterloo Staff Association and the applicant

Christopher WilsonCounsel
1 appearance

for the corporate and individual responding parties

Tony FontanaSelf-represented
1 appearance
Michael HoranCounsel
1 appearance
Tony Della LiberaSelf-represented
1 appearance

for the Corporation of the City of Peterborough

Paul WearingCounsel
1 appearance
Murray HynesAgent
1 appearance

for the Corporation of the City of Waterloo

Kathy DurstCounsel
1 appearance
Stephen F. GleaveCounsel
1 appearance

for the Corporation of the Township of Michipicoten

Don CheslockAgent
1 appearance
Grant SouthwellAgent
1 appearance
David CamelettiCounsel
1 appearance

for the Crown in Right of Ontario

Stephen PatersonCounsel
1 appearance

for the Employees’ Union Providence Continuing Care Centre, St. Mary’s of the Lake Hospital

Brian HarrisCounsel
1 appearance
Gerry VarricchioCounsel
1 appearance

for the employer

June TremblayAgent
1 appearance
J. MaltbyAgent
1 appearance
K. W KortCounsel
1 appearance
V PanettaCounsel
1 appearance

For the Employer

Helmut SchletzAgent
1 appearance

for the Group of Employees

Leanne ChahleyCounsel
1 appearance
Beth SmithAgent
1 appearance
Sue MedvedAgent
1 appearance
Sandy McManusAgent
1 appearance
Paula ValoisAgent
1 appearance
Caroline TherrienAgent
1 appearance
Lori BowermanAgent
1 appearance
Margaret TraynorAgent
1 appearance

for the Groups of Anonymous Employees

Kamal HaffarAgent
1 appearance
Patricia FitzpatrickAgent
1 appearance

for the Groups of Employees

Mandy WarnerAgent
1 appearance

for the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721

Gary CarolineCounsel
1 appearance
Tony AlmeidaUnion representative
1 appearance

for the intervenor

Mike McCrearyCounsel
1 appearance
Rocco LotitoCounsel
1 appearance
Ron CarltonUnion representative
1 appearance
Mark J. LewisCounsel
1 appearance

for the intervenors

Lynne PhillipsSelf-represented
1 appearance
Bruce HawkinsSelf-represented
1 appearance
Patricia Syms SutherlandSelf-represented
1 appearance
Jim WalshSelf-represented
1 appearance
Doreen RahnSelf-represented
1 appearance
Patricia RutterSelf-represented
1 appearance
Teresa SoulliereSelf-represented
1 appearance
Susan GreatrixSelf-represented
1 appearance
Bob DeymanSelf-represented
1 appearance

for the Labourers’ International Union of North America

Don PentelokeCounsel
1 appearance
Henry PerreiraCounsel
1 appearance
Tony IanuzzziCounsel
1 appearance
John MoszynskiCounsel
1 appearance

for the Ministry

Brian BlumentalCounsel
1 appearance

for the Ministry of Labour

Heidi Ann Lazar-MeynCounsel
3 appearances
Judie ImCounsel
2 appearances
Bridget LynettCounsel
1 appearance
Richard HousenCounsel
1 appearance
Frank CamilleriCounsel
1 appearance
Robert SindingCounsel
1 appearance
Karen NortheyCounsel
1 appearance
Murray KleinCounsel
1 appearance
Brian FukuzawaCounsel
1 appearance
Karima ChaturCounsel
1 appearance
Bruce ArnottCounsel
1 appearance
Laurie EisenbergCounsel
1 appearance
Rick KulyskiCounsel
1 appearance
Stephen MasonCounsel
1 appearance

for the Ontario Nurses' Association

Maureen O'HalloranCounsel
1 appearance
Laura TrachukCounsel
1 appearance
Cindy WilkeyCounsel
1 appearance

for the OSSTF

Joan FarrellCounsel
1 appearance
Jim ForsterCounsel
1 appearance
Paul RookCounsel
1 appearance
Maurice A. GreenCounsel
1 appearance

for the Professional Fire Fighters Association

Judy HarrisUnion representative
1 appearance
Paul BrownUnion representative
1 appearance
Senka DukovichCounsel
1 appearance

for The Residential Low Rise Forming Contractors’ Association of Metropolitan Toronto and Vicinity

Carl PetersonCounsel
1 appearance

for the Respondent

John ReidAgent
1 appearance
Ron SuddsAgent
1 appearance
Bob DubniakAgent
1 appearance
Bruce DavidsonAgent
1 appearance
Victoria ReaumeCounsel
1 appearance
Darlene PurkessAgent
1 appearance
Mr. DeluzioCounsel
1 appearance
Ken DuffAgent
1 appearance
Clifford WilsonAgent
1 appearance
Leanne ChahleyCounsel
1 appearance
Carole E. HoglundAgent
1 appearance
Steven CarsonAgent
1 appearance
Kees KortCounsel
1 appearance

for the Respondent employees

Ms. ShoreCounsel
1 appearance

for the Respondent MacDonald

Senka DukovichCounsel
2 appearances
Minh Ngoc Thi PhamCounsel
1 appearance

for the Respondents

Bev RosserCounsel
1 appearance
Kadi NabeSelf-represented
1 appearance
Colleen MontgomeryCounsel
1 appearance
Linda HickeyAgent
1 appearance
Doreen LurieSelf-represented
1 appearance
Wendy LobekSelf-represented
1 appearance
Lora MonacoSelf-represented
1 appearance
Mandy WarnerSelf-represented
1 appearance

for the responding employee

Neil BalbossaAgent
1 appearance
Richard VaughanAgent
1 appearance
Robert VaughanSelf-represented
1 appearance

for the responding employer

Gordon SlemkoCounsel
1 appearance

for the responding parties

Harold F. CaleyCounsel
1 appearance
Charles CalliganCounsel
1 appearance

For the Responding Parties

James SaundersUnion representative
1 appearance

for the responding party

Doug ChalmersAgent
2 appearances
Harold CaleyCounsel
2 appearances
Richard DrmajCounsel
2 appearances
Nancy EberCounsel
1 appearance
Margaret Penasse-MayerAgent
1 appearance
Bruno SilanoCounsel
1 appearance
Stephen BordoAgent
1 appearance
Mark A. StoneCounsel
1 appearance
Brent ForemanAgent
1 appearance
D. NapoliCounsel
1 appearance
John MoszynskiCounsel
1 appearance
Jorge ValaUnion representative
1 appearance
Larry PerksAgent
1 appearance
Kendal J. McKinneyCounsel
1 appearance
Tom HudsonAgent
1 appearance
Richard LewkoCounsel
1 appearance
Michael WarrenCounsel
1 appearance
Derek LueCounsel
1 appearance
B. RudichukCounsel
1 appearance
Michael HoranCounsel
1 appearance

for the Responding party

Anna SchaibleSelf-represented
1 appearance

for the Responding Party

Shawn Les StrangeAgent
1 appearance
N. B. McCannAgent
1 appearance
Murray ScholtenSelf-represented
1 appearance
Barry BaileySelf-represented
1 appearance
Antonio CastroAgent
1 appearance
Nick DomenichielloAgent
1 appearance

for the Southern Ontario Newspaper Guild

Lorne SlotnickCounsel
2 appearances
Luiza MonteiroCounsel
2 appearances
Kathleen MartinCounsel
2 appearances

for the TDSB

Lynda GrovesCounsel
1 appearance
Brenda BowlbyCounsel
1 appearance

for the United Brotherhood of Carpenters and Joiners of America

Walter TracognaUnion representative
1 appearance
David WatsonCounsel
1 appearance

for the United Brotherhood of Carpenters and Joiners of America, Local 1256

N.L JesinCounsel
1 appearance
R. CarltonCounsel
1 appearance

for the Universal Workers Union, LIUNA Local 183

Tony PintoCounsel
1 appearance
Marcia KredentserCounsel
1 appearance

for the Universal Workers Union, L.I.U.N.A., Local 183 and the International Union of Operating Engineers, Local 793

A. MinskyCounsel
1 appearance
M. LewisCounsel
1 appearance
Rocco LotitoUnion representative
1 appearance

for Thomas Fuller Construction Co. (1958) Ltd.

Bill FullerCounsel
1 appearance

for Thomas G. Fuller & Sons Limited

Simon FullerCounsel
1 appearance

for Toronto Parking Authority

Barry MartinCounsel
1 appearance
William LeMayCounsel
1 appearance

for Windsor Casino Limited

Ken DiFedericoCounsel
1 appearance
Carolyn KayCounsel
1 appearance

for Wyecroft Lumber and Trim Limited

Philomena BlakeCounsel
1 appearance

on her own behalf

Cheryll TuckerSelf-represented
1 appearance
Evelyn McKinleySelf-represented
1 appearance
Judy MacintoshSelf-represented
1 appearance

on his own behalf

Lincoln RambaranSelf-represented
1 appearance
Brian MacDonaldSelf-represented
1 appearance
Nelson DaSilvaSelf-represented
1 appearance
J. Stephen WilsonSelf-represented
1 appearance

on their own behalf

Natasha Rosemary ReidSelf-represented
1 appearance
Rosa XavierSelf-represented
1 appearance

representing herself

Arline DeaconSelf-represented
1 appearance

482

Decisions

Years active

Tribunals

2.2

cases/mo

OLRB410(85%)

OPEHT72(15%)

Decision types

motion

308

appeal

113

trial

/Adjudicator

Mary Ellen Cummings — Vice-Chair

Indigenous Legal Issues

Mary Ellen Cummings

Vice-Chair·Ontario Pay Equity Hearings Tribunal·Since 1991

OPEHT OLRB

482

cases · 19 yrs · OLRB, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

Alternate Chair· 250Alternate Chair· 87Chair· 51Alternate Chair· 38Vice-Chair· 12Vice-Chair· 9Vice-Chair· 9Adjudicator/Referee· 8

Mary Ellen Cummings

Employment Standards Act matter terminated following parties' Minutes of Settlement.

The applicant sought a review under the Employment Standards Act.

The parties reached Minutes of Settlement.

The Ontario Labour Relations Board terminated the matter in accordance with section 69.1(5) of the Employment Standards Act.

Constance Worthing v. Mini Maid and Ministry of Labour, 2001 CanLII 10632

Mary Ellen Cummings

G. Pickell

A. Haward

Board requests submissions on whether to disclose Form A-74 in construction industry certification applications.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Integral Utilities Inc., 2001 CanLII 10241

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Representation vote ordered in construction industry certification application with segregated ballots for disputed employees.

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

The responding party failed to file a response.

The intervenor claimed to hold bargaining rights for some employees in the proposed unit.

The Board found that the applicant had sufficient membership support and ordered a representation vote, directing that ballots of employees performing work claimed by the intervenor be segregated.

Allied Construction Employees, Local 1030, United Brotherhood of Carpenters and Joiners of America v. Chesterform Ltd., 2001 CanLII 7613

Mary Ellen Cummings

Board ordered disbursement of funds held in trust pursuant to parties' settlement of Employment Standards Act review.

The applicant employer sought review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The matter was deemed terminated subject to any request by the Ministry of Labour to relist it.

Urlin Rent A Car Ltd. v. Brooks, 2001 CanLII 3648

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board orders representation vote and seals ballot box pending related employer application.

The applicant applied to terminate the responding party's bargaining rights under section 63 of the Labour Relations Act, 1995.

The responding party sought to bind the intervenor to a collective agreement through an ongoing section 69 and 1(4) application.

The Board ordered a representation vote to be held, with the ballot box sealed pending the determination of the issues raised in the application.

Chad Saulnier v. Carpenters’ District Council of Ontario, 2001 CanLII 3633

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Representation vote directed in decertification application despite union's allegations of employer intimidation and coercion.

The applicant filed an application 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 expressed a wish not to be represented by the union.

Brad Martin v. Labourers’ International Union of North America, Local 183, 2001 CanLII 6847

Mary Ellen Cummings

Board issues order disbursing funds held in trust pursuant to parties' Minutes of Settlement.

The applicant employer sought a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

Digital Mobile Systems Inc. v. Lou Stojanovski and Ministry of Labour, 2001 CanLII 6790

Mary Ellen Cummings

Employment standards review resolved by minutes of settlement; trust funds disbursed accordingly.

The applicant employer sought a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

Shenanigans Decorating Depot Ltd. v. Anita Burford and Ministry of Labour, 2001 CanLII 6479

Mary Ellen Cummings

Employee's request for review dismissed as untimely after failing to respond to Board's invitation for extension.

The applicant filed a request for review of an Employment Standards Officer's decision 10 days outside the statutory 45-day appeal period.

The Board sent a letter inviting the applicant to request an extension of time and provide reasons for the delay.

The applicant did not respond.

The application was dismissed as untimely.

Gary Lopes v. GE Capital Information Technology Solutions Inc. and Ministry of Labour, 2001 CanLII 20780

Mary Ellen Cummings

J. G. Knight

G. McMenemy

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.

Robert Lackie v. Sheet Metal Workers’ International Association, Local 30, 2001 CanLII 18312

Mary Ellen Cummings

Time limit to appeal Order to Pay extended due to employer's understandable confusion regarding filing procedures.

The employer appealed an Order to Pay for termination pay but filed the application after the 45-day time limit.

The Board exercised its discretion to extend the time for filing the appeal, finding the employer's confusion understandable and noting its clear intention to appeal.

913719 Ontario Ltd. o/a Adults Only Video v. April Higgins and Ministry of Labour, 2001 CanLII 3818

Mary Ellen Cummings

OLRB orders disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

The applicant employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

First International Courier Systems Inc. v. Ayodele Shoneyin and Ministry of Labour, 2001 CanLII 2547

Mary Ellen Cummings

Application for review of Order to Pay dismissed as untimely; being too busy to read mail is not a valid excuse.

The employer applied for a review of an Order to Pay two days after the 45-day time period for filing appeals had expired.

The employer requested an extension of time, explaining that he had been busy with other business and personal matters and had not attended to his paperwork.

The Board declined to extend the time, finding that failing to read mail in a timely way is not a sufficient reason to grant an extension.

The application was dismissed as untimely.

1263170 Ontario Limited o/a Tantastic Suntanning Centres v. Linda Burns and Ministry of Labour, 2001 CanLII 21088

Mary Ellen Cummings

Matter terminated following Minutes of Settlement between the parties.

The applicant brought a matter before the Ontario Labour Relations Board.

The parties entered into Minutes of Settlement.

The Board terminated the matter in accordance with subsection 69.1(5) of the Employment Standards Act.

Peplinski v. USS Manufacturing Inc., 2001 CanLII 13640

Mary Ellen Cummings

G. Pickell

A. Haward

Representation vote ordered and ballot box sealed pending resolution of jurisdictional and bargaining unit disputes.

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

The responding party filed a section 8.1 notice challenging the employee estimate, asserted that its labour relations fall under federal jurisdiction, and disputed the proposed bargaining unit.

Without determining the appropriate bargaining unit or the jurisdictional issue, the Board directed that a representation vote take place among employees in the proposed voting constituency.

The Board ordered the ballot box sealed pending the determination of the outstanding issues.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Integral Utilities Inc., 2001 CanLII 12857

Mary Ellen Cummings

Employment Standards Act proceeding terminated following Minutes of Settlement.

The applicant and responding parties entered into Minutes of Settlement.

The Ontario Labour Relations Board terminated the proceeding in accordance with subsection 69.1(5) of the Employment Standards Act.

Ewa Burkiewicz v. Ikon Office Solutions, 2001 CanLII 11517

Mary Ellen Cummings

G. Pickell

A. Haward

Representation vote ordered in construction industry certification application with ballot box sealed.

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

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent in the proposed bargaining unit.

The Board directed that a representation vote be taken and ordered the ballot box sealed pending further order or agreement of the parties.

Universal Workers Union, Labourers’ International Union of North America, Local 183 v. Lormel Homes Ltd., 2001 CanLII 6057

Tony Pinto

3 cases1988–2001

Marcia Kredentser

6 cases2000–2001

Carl Peterson

53 cases1984–2023

Mary Ellen Cummings

OLRBOntario Labour Relations BoardApr 23, 2001

Contractors ordered to post $100,000 industry bond; Board rules separate hearing fees required for consolidated grievances.

The applicants referred four construction industry grievances to the Board, alleging that the responding contractors failed to post an industry bond as required by an amended collective agreement.

On the merits, the Board found that the responding parties, who did not appear, violated the collective agreement by failing to post the required $100,000 bond.

The Board ordered the responding parties to post the bond and reimburse the applicants' filing and hearing fees.

The Residential Low Rise Forming Contractors’ Association of Metropolitan Toronto and Vicinity and Universal Workers Union, LIUNA Local 183 v. Metro Forming Ltd., 2001 CanLII 13271

Mary Ellen Cummings

Board directed applicant to file submissions on why old duty of fair representation complaint shouldn't be dismissed.

The arbitrator had dismissed the grievance as untimely.

The Board raised concerns about the age of the allegations and whether there was any labour relations purpose in inquiring into the complaint.

The Board directed the applicant to file submissions addressing why the matter should not be dismissed without a hearing.

Michelle Ann Rondeau v. Ontario Public Service Employees’ Union, 2001 CanLII 20536

Mary Ellen Cummings