Mary Ellen Cummings

OLRBOntario Labour Relations BoardSep 11, 2000

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

The applicant filed a complaint alleging that her union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995.

The applicant had been suspended and subsequently signed a release in exchange for eight weeks of termination pay, which was witnessed by a union representative.

The Board dismissed the application without a hearing for failing to make out a prima facie case, noting that the applicant made no specific allegations regarding the union's conduct and that the Board does not have jurisdiction to inquire into general allegations of employer unfairness where a valid release has been signed.

Lucia Alciné v. OPSEU, 2000 CanLII 11763

Mary Ellen Cummings

Applications withdrawn with leave of the Board.

The applicant union sought to withdraw its applications against the City of Toronto and the Board of Management of the Toronto Zoo.

The Ontario Labour Relations Board granted leave and the applications were withdrawn.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. City of Toronto, 2000 CanLII 10518

Mary Ellen Cummings

Board schedules hearing and appoints Labour Relations Officer for unfair labour practice application regarding vacation pay during strike.

The applicant union filed an unfair labour practice application alleging the employer's decisions regarding vacation scheduling and pay during a lawful strike violated the Labour Relations Act, 1995.

The union sought an expedited hearing, which the employer opposed.

The Board agreed some expedition was required but allowed the employer time to file a response and appointed a Labour Relations Officer to attempt settlement before the scheduled hearing.

United Steelworkers of America Local Union No. 5328 v. Stelwire Ltd. Parkdale Works, 2000 CanLII 9855

Mary Ellen Cummings

OLRBOntario Labour Relations BoardAug 31, 2000

Employer's request to dismiss duty of fair representation complaint for delay and changed circumstances denied.

The applicant filed a duty of fair representation complaint against the union.

The matter was heard in 1998, but the Vice-Chair failed to produce a decision and returned the file.

The Board scheduled a consultation to rehear the matter.

The intervenor employer requested that the application be dismissed for failure to make out a prima facie case, citing the delay and changed circumstances, including the applicant's retirement.

The Board declined to reconsider its previous determination that a prima facie case had been made out, noting that changed circumstances might aid settlement but do not affect the prima facie case.

Sheila Parchment v. Canadian Union of Public Employees Local 1106, 2000 CanLII 12803

Default judgment granted against employer for unpaid union dues and benefits remittances.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to make timely remittances for benefits and dues.

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 Board deemed the responding party to have accepted all facts stated in the application.

The Board found the responding party violated the collective agreement and ordered it to pay $572.59 in unpaid remittances and $214.00 in filing costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investors and Builders Ltd., 2000 CanLII 9027

Daniel E. Waters

Bridget Lynett

6 cases2000–2000

Mary Ellen Cummings

Employer ordered to pay $26,477.23 for terminating employee three days after she announced her pregnancy.

The applicant appealed an Officer's decision not to issue an Order to Pay, alleging she was terminated because she announced her pregnancy and intention to take a leave, contrary to section 44 of the Employment Standards Act.

The employer claimed she was terminated due to financial difficulties and performance issues, but the decision-maker found the employer failed to meet the heavy burden of proving the termination was unrelated to the pregnancy, given the timing of the dismissal just three days after the announcement.

The Board ordered the employer to pay $26,477.23 in damages for loss of wages, loss of reasonable expectation of continued employment, and pain and suffering.

Shelly McMurray v. 870860 Ontario Limited, 2000 CanLII 12961

Mary Ellen Cummings

Unfair labour practice complaints against rival union dismissed for failing to establish a prima facie case.

The applicant union sought reconsideration of a decision dismissing its unfair labour practice complaints and request for consent to prosecute a rival union.

The applicant alleged the rival union breached sections 73(2) and 76 of the Labour Relations Act by attempting to negotiate a grievance resolution and engaging in a pattern of conduct designed to undermine the applicant.

The Board held that section 73(2) only prohibits negotiating a collective agreement, not grievance resolutions.

The Board also found the allegations did not amount to intimidation or coercion under section 76, noting a trade union is not a 'person' capable of seeking such a remedy.

The applications were dismissed for failing to make out a prima facie case.

Service Employees International Union and its Locals 101, 183, 210, 220, 268, 528, 639 and 777 v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), 2000 CanLII 11900

Mary Ellen Cummings

OLRBOntario Labour Relations BoardAug 29, 2000

Request for reconsideration dismissed as untimely and lacking valid grounds.

The applicant requested reconsideration of an April 25, 2000 decision that dismissed his application as untimely.

The Board found that the reconsideration request itself was filed outside the 20-day time limit under Rule 96 of the Board's Rules of Procedure.

Furthermore, the applicant provided no valid reasons for reconsideration, merely disagreeing with the Board's factual findings.

The request for reconsideration was dismissed.

Marcello Paredes v. Carravetta Fruit Market and Ministry of Labour, 2000 CanLII 4855

Mary Ellen Cummings

Employment standards review application resolved and funds disbursed pursuant to 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 $441.17 paid to the employee and a $100.00 administration fee retained by the Consolidated Revenue Fund.

658778 Ontario Limited v. Angie Mills and Ministry of Labour, 2000 CanLII 9398

Mary Ellen Cummings

G. Pickell

A. Haward

Application withdrawn with leave of the Board.

The applicant, International Union of Operating Engineers, Local 793, sought to withdraw its application against the responding party, Clement Utility Contractors Inc. The Ontario Labour Relations Board granted leave to withdraw the application.

International Union of Operating Engineers, Local 793 v. Clement Utility Contractors Inc., 2000 CanLII 4990

Mary Ellen Cummings

Employment Standards Act application terminated following parties' execution of Minutes of Settlement.

The parties entered into Minutes of Settlement resolving all issues in dispute.

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

Judy Deloge v. 1254044 Ontario Limited operating as The Sarnia Service Centre, 2000 CanLII 10659

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave to withdraw the application.

Labourers’ International Union of North America, Local 506 v. The McBride Group Inc., 2000 CanLII 9977

Mary Ellen Cummings

G. Pickell

G. McMenemy

Employer ordered to pay $55,104 for employing non-union workers after failing to respond to grievance.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer breached the collective agreement by employing non-union workers.

The responding party failed to file a response or 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 breached the collective agreement and ordered it to pay $55,104.00 in damages and $214.00 in costs.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Montego Painting & Decorating Limited, 2000 CanLII 9880

Mary Ellen Cummings

G. Pickell

G. McMenemy

Default judgment granted against employer for unpaid benefit contributions and union dues.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding party failed to remit benefit contributions and union dues.

The responding party failed to file a response.

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

The Board found the responding party violated the collective agreement and ordered it to pay $3,450.00 in unpaid remittances, plus $214.00 in statutory costs.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Standard Drywall, 2000 CanLII 7932

Mary Ellen Cummings

J. G. Knight

G. McMenemy

In Private Practice65 cases2000–2026

Board directs written submissions on validity of intervenor's voluntary recognition agreement following successful representation vote.

The applicant union applied for certification in the construction industry.

A representation vote was held and the applicant was successful.

The intervenor union alleged it had bargaining rights through a voluntary recognition agreement executed six days prior to the application.

The Board directed the parties to file written submissions regarding the validity of the intervenor's voluntary recognition agreement, noting the issue may be resolved without an oral hearing.

Construction Workers Local 52 v. Valleywood Air Systems Inc., 2000 CanLII 13166

Deborah Berlach

Brian Blumental

Mary Ellen Cummings

Senior officers and directors are not excluded from claiming unpaid wages from directors under the ESA.

The directors of an insolvent corporation appealed an Order to Pay under the Employment Standards Act, arguing that two senior officers (one of whom was also a director) should not be entitled to recover unpaid wages from the directors because of their senior positions and knowledge of the company's financial situation.

The Ontario Labour Relations Board dismissed the appeal, finding that the plain language of the Act does not exclude senior officers or directors from claiming unpaid wages from the directors of an insolvent corporation.

The Directors of Lava Systems Inc. v. MacDonald, 2000 CanLII 13106

Mary Ellen Cummings

Directors' appeal not terminated despite expired adjournment period due to Board's administrative error.

The applicants appealed an Order to Pay.

The matter was previously adjourned sine die on the condition that it would be terminated in one year if no party sought to bring it on for hearing.

The applicants' counsel requested an extension before the deadline, but the Board lost the letter.

The Board found no prejudice to the affected employees, who had been paid out of the Employee Wage Protection Fund.

The Board determined it was not appropriate to consider the matter terminated and set a hearing date.

A. G. Dragons et al. v. Ruth Beach et al., 2000 CanLII 12610

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directed notice to affected employees in related employer application where respondents failed to reply.

The applicant unions filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The responding employers failed to file responses.

The Board directed that notice of the application be provided to affected employees based on remittance records, giving them 10 days to express interest in participating.

The Board also noted that an oral hearing might not be necessary given the lack of responses.

Masonry Council of Unions Toronto and Vicinity et al. v. Rulman Masonry Inc. et al., 2000 CanLII 12061

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directs three related labour applications to be listed together for hearing.

The applicant union requested that an application for certification, a related employer application, and a grievance be listed together for hearing.

The intervenor union agreed the matters were intrinsically linked.

The Board directed that all three applications be listed together for hearing, leaving the determination of how they should proceed to the panel hearing the matters.

Carpenters and Allied Workers, Local 27 v. Mannix Construction Corp., 2000 CanLII 12022

Mary Ellen Cummings

Employment and Labour Law

Application for review terminated after employer failed to file the required forms.

The employer sought to review an Order to Pay under the Employment Standards Act and submitted a partial payment in trust.

The Board notified the employer that the application was not filed on the correct forms and granted a 20-day extension to comply.

The employer failed to file the proper forms within the extended time limit.

The Board terminated the matter and directed the Director to pay out the trust monies to the employee.

1321867 Ontario Ltd. o/a Duke Windows v. Oleg Sergeyev and Ministry of Labour, 2000 CanLII 6569

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

OLRBOntario Labour Relations BoardSep 11, 2000

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

The applicant filed a complaint alleging that her union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995.

The applicant had been suspended and subsequently signed a release in exchange for eight weeks of termination pay, which was witnessed by a union representative.

Lucia Alciné v. OPSEU, 2000 CanLII 11763

Mary Ellen Cummings

Applications withdrawn with leave of the Board.

The applicant union sought to withdraw its applications against the City of Toronto and the Board of Management of the Toronto Zoo.

The Ontario Labour Relations Board granted leave and the applications were withdrawn.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. City of Toronto, 2000 CanLII 10518

Mary Ellen Cummings

Board schedules hearing and appoints Labour Relations Officer for unfair labour practice application regarding vacation pay during strike.

The applicant union filed an unfair labour practice application alleging the employer's decisions regarding vacation scheduling and pay during a lawful strike violated the Labour Relations Act, 1995.

The union sought an expedited hearing, which the employer opposed.

The Board agreed some expedition was required but allowed the employer time to file a response and appointed a Labour Relations Officer to attempt settlement before the scheduled hearing.

United Steelworkers of America Local Union No. 5328 v. Stelwire Ltd. Parkdale Works, 2000 CanLII 9855

Mary Ellen Cummings

OLRBOntario Labour Relations BoardAug 31, 2000

Employer's request to dismiss duty of fair representation complaint for delay and changed circumstances denied.

The applicant filed a duty of fair representation complaint against the union.

The matter was heard in 1998, but the Vice-Chair failed to produce a decision and returned the file.

The Board scheduled a consultation to rehear the matter.

The intervenor employer requested that the application be dismissed for failure to make out a prima facie case, citing the delay and changed circumstances, including the applicant's retirement.

The Board declined to reconsider its previous determination that a prima facie case had been made out, noting that changed circumstances might aid settlement but do not affect the prima facie case.

Sheila Parchment v. Canadian Union of Public Employees Local 1106, 2000 CanLII 12803

Mary Ellen Cummings

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardAug 31, 2000

Default judgment granted against employer for unpaid union dues and benefits remittances.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to make timely remittances for benefits and dues.

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 Board deemed the responding party to have accepted all facts stated in the application.

The Board found the responding party violated the collective agreement and ordered it to pay $572.59 in unpaid remittances and $214.00 in filing costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investors and Builders Ltd., 2000 CanLII 9027

Daniel E. Waters

Bridget Lynett

6 cases2000–2000

Mary Ellen Cummings

Employer ordered to pay $26,477.23 for terminating employee three days after she announced her pregnancy.

The Board ordered the employer to pay $26,477.23 in damages for loss of wages, loss of reasonable expectation of continued employment, and pain and suffering.

Shelly McMurray v. 870860 Ontario Limited, 2000 CanLII 12961

Mary Ellen Cummings

Unfair labour practice complaints against rival union dismissed for failing to establish a prima facie case.

The applicant union sought reconsideration of a decision dismissing its unfair labour practice complaints and request for consent to prosecute a rival union.

The Board held that section 73(2) only prohibits negotiating a collective agreement, not grievance resolutions.

The Board also found the allegations did not amount to intimidation or coercion under section 76, noting a trade union is not a 'person' capable of seeking such a remedy.

The applications were dismissed for failing to make out a prima facie case.

Service Employees International Union and its Locals 101, 183, 210, 220, 268, 528, 639 and 777 v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), 2000 CanLII 11900

Mary Ellen Cummings

OLRBOntario Labour Relations BoardAug 29, 2000

Request for reconsideration dismissed as untimely and lacking valid grounds.

The applicant requested reconsideration of an April 25, 2000 decision that dismissed his application as untimely.

The Board found that the reconsideration request itself was filed outside the 20-day time limit under Rule 96 of the Board's Rules of Procedure.

Furthermore, the applicant provided no valid reasons for reconsideration, merely disagreeing with the Board's factual findings.

The request for reconsideration was dismissed.

Marcello Paredes v. Carravetta Fruit Market and Ministry of Labour, 2000 CanLII 4855

Mary Ellen Cummings

Employment standards review application resolved and funds disbursed pursuant to 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.

658778 Ontario Limited v. Angie Mills and Ministry of Labour, 2000 CanLII 9398

Mary Ellen Cummings

G. Pickell

A. Haward

Application withdrawn with leave of the Board.

International Union of Operating Engineers, Local 793 v. Clement Utility Contractors Inc., 2000 CanLII 4990

Mary Ellen Cummings

Employment Standards Act application terminated following parties' execution of Minutes of Settlement.

The parties entered into Minutes of Settlement resolving all issues in dispute.

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

Judy Deloge v. 1254044 Ontario Limited operating as The Sarnia Service Centre, 2000 CanLII 10659

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave to withdraw the application.

Labourers’ International Union of North America, Local 506 v. The McBride Group Inc., 2000 CanLII 9977

Mary Ellen Cummings

G. Pickell

G. McMenemy

Employer ordered to pay $55,104 for employing non-union workers after failing to respond to grievance.

The responding party failed to file a response or 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 breached the collective agreement and ordered it to pay $55,104.00 in damages and $214.00 in costs.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Montego Painting & Decorating Limited, 2000 CanLII 9880

Mary Ellen Cummings

G. Pickell

G. McMenemy

Default judgment granted against employer for unpaid benefit contributions and union dues.

The responding party failed to file a response.

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

The Board found the responding party violated the collective agreement and ordered it to pay $3,450.00 in unpaid remittances, plus $214.00 in statutory costs.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Standard Drywall, 2000 CanLII 7932

Mary Ellen Cummings

J. G. Knight

G. McMenemy

In Private Practice65 cases2000–2026

Board directs written submissions on validity of intervenor's voluntary recognition agreement following successful representation vote.

The applicant union applied for certification in the construction industry.

A representation vote was held and the applicant was successful.

The intervenor union alleged it had bargaining rights through a voluntary recognition agreement executed six days prior to the application.

The Board directed the parties to file written submissions regarding the validity of the intervenor's voluntary recognition agreement, noting the issue may be resolved without an oral hearing.

Construction Workers Local 52 v. Valleywood Air Systems Inc., 2000 CanLII 13166

Deborah Berlach

Brian Blumental

Mary Ellen Cummings

Senior officers and directors are not excluded from claiming unpaid wages from directors under the ESA.

The Directors of Lava Systems Inc. v. MacDonald, 2000 CanLII 13106

Mary Ellen Cummings

Directors' appeal not terminated despite expired adjournment period due to Board's administrative error.

The applicants appealed an Order to Pay.

The matter was previously adjourned sine die on the condition that it would be terminated in one year if no party sought to bring it on for hearing.

The applicants' counsel requested an extension before the deadline, but the Board lost the letter.

The Board found no prejudice to the affected employees, who had been paid out of the Employee Wage Protection Fund.

The Board determined it was not appropriate to consider the matter terminated and set a hearing date.

A. G. Dragons et al. v. Ruth Beach et al., 2000 CanLII 12610

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directed notice to affected employees in related employer application where respondents failed to reply.

The applicant unions filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The responding employers failed to file responses.

The Board directed that notice of the application be provided to affected employees based on remittance records, giving them 10 days to express interest in participating.

The Board also noted that an oral hearing might not be necessary given the lack of responses.

Masonry Council of Unions Toronto and Vicinity et al. v. Rulman Masonry Inc. et al., 2000 CanLII 12061

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directs three related labour applications to be listed together for hearing.

The applicant union requested that an application for certification, a related employer application, and a grievance be listed together for hearing.

The intervenor union agreed the matters were intrinsically linked.

The Board directed that all three applications be listed together for hearing, leaving the determination of how they should proceed to the panel hearing the matters.

Carpenters and Allied Workers, Local 27 v. Mannix Construction Corp., 2000 CanLII 12022

Mary Ellen Cummings