Mary Ellen Cummings

Unfair labour practice complaints dismissed for failing to plead a prima facie violation of the Act.

The applicant filed unfair labour practice complaints against his union and employer regarding his efforts to return to work and a requirement that he undergo a fitness assessment.

The applicant had previously reached a settlement but sought to repudiate it, claiming it violated his constitutional rights, and refused the union's offer to file a grievance.

The Board dismissed the applications on the pleadings, finding that the applicant failed to allege any material facts that, if proven, would constitute a violation of the Labour Relations Act, 1995.

Taylor v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), 2000 CanLII 12621

Mary Ellen Cummings

G. Pickell

A. Haward

Construction grievance adjourned sine die due to inability to deliver notice of hearing to responding parties.

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

The Board attempted to deliver notice of the hearing to the responding parties at the address provided by the applicant, but the courier returned the documents indicating the parties were no longer there or the address was incomplete.

The Board declined to proceed without reasonable notice to the responding parties and adjourned the matter sine die for up to one year, pending the provision of up-to-date contact information by the applicant.

Central Ontario Regional Council of Carpenters Drywall and Allied Workers, Local 785, United Brotherhood of Carpenters and Joiners of America v. Build Force Construction, 2000 CanLII 12479

Mary Ellen Cummings

Application for review of Order to Pay terminated after employer failed to file correct forms.

The employer sought to review an Order to Pay issued against it and submitted a letter and partial payment to the Ministry of Labour.

The Board advised the employer that the application was not filed on the correct forms and granted a 20-day extension to comply with the Rules of Procedure.

The employer failed to submit the required forms within the extended time limit.

Consequently, the Board terminated the matter.

Super Shine Janitorial Services Limited v. Ministry of Labour, 2000 CanLII 10573

Mary Ellen Cummings

J. G. Knight

OLRBUnanimous0 cases1993–2001

G. McMenemy

Default judgment granted against employer for failure to remit union dues and benefit contributions.

The applicant union referred a construction industry grievance to the 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 Request for Hearing and Notice of Intent to Defend.

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

The Board found the responding party violated the collective agreement and ordered it to pay $50,292.79 in owed remittances and liquidated damages.

Universal Workers’ Union, L.I.U.N.A., Local 183 v. Resici Group O/A 1212726 Ontario Ltd./1328156 Ontario Ltd., 2000 CanLII 8335

Mary Ellen Cummings

Board ordered disbursement of funds held in trust pursuant to Minutes of Settlement.

The applicant 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 funds held in trust by the Director, with $701.71 to be paid to the employee, $256.88 returned to the employer, and a $100.00 administration fee retained by the Consolidated Revenue Fund.

Peter Chilikoff v. Kelly Whynot and Ministry of Labour, 2000 CanLII 3260

Mary Ellen Cummings

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

The applicant requested an adjournment of its applications sine die.

Having regard to the agreement of the parties, the Board consented to adjourn the applications sine die for a period not exceeding one year.

Executive House Inc. v. Ministry of Labour Inspector and Ministry of Labour, 2000 CanLII 2896

Mary Ellen Cummings

Time to appeal Order to Pay extended where employer mailed materials on the deadline day.

The employer appealed an Order to Pay but the application was received by the Board after the 45-day time limit expired.

The employer explained that the material was sent by registered mail on the deadline day.

The Board found the appeal was untimely but exercised its discretion under section 68(4) of the Employment Standards Act to extend the time for applying for review.

383733 Ontario Corp. o/a Skyway Business Machines v. Ministry of Labour, 2000 CanLII 13384

Mary Ellen Cummings

Board directed submissions on extension of time to review Orders to Pay and bankrupt employer's standing.

The applicants, an employer and a director, sought an extension of time to apply for a review of Orders to Pay.

The applicants claimed they did not receive the orders because the employer had made an assignment in bankruptcy and the director had moved residences.

The Ontario Labour Relations Board directed the applicants' counsel to advise on the bankrupt employer's standing to bring the application and ordered the Ministry of Labour to provide submissions on the extension of time request before making a decision.

Darshan Singh v. Swarn Singh, 2000 CanLII 13001

Mary Ellen Cummings

Application for review terminated after applicant withdrew complaint to pursue civil action.

The applicant filed an application for review of an employment standards officer's decision but indicated he had previously withdrawn his complaint to pursue a civil action.

The Board noted the withdrawal and terminated the matter.

Trevor David v. I M Interactive Multimedia Inc. and Ministry of Labour, 2000 CanLII 12463

Mary Ellen Cummings

G. Pickell

A. Haward

Employer found liable by default for employing non-union members; ordered to produce payroll records.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding employer violated the collective agreement by employing non-union members at a specific job site.

The employer failed to file a response.

The Board proceeded by default, finding the employer bound by the collective agreement and in violation of it.

The Board ordered the employer to produce payroll records for the specific job site to allow the union to assess damages, but declined to order production for all bargaining unit work.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. James Elliott Underground Construction Inc., 2000 CanLII 4986

Mary Ellen Cummings

G. Pickell

A. Haward

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application.

The Ontario Labour Relations Board granted leave to withdraw the application.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Strap Drywall & Acoustics Systems Limited, 2000 CanLII 4716

Mary Ellen Cummings

Extension of time to appeal Order to Pay granted due to short delay and bereavement.

The employer filed an application to appeal an Order to Pay four days after the 45-day appeal period under section 68 of the Employment Standards Act.

The applicant requested an extension, explaining that she had to leave the country to arrange her father's funeral and filed the application within two days of her return.

The Board granted the extension due to the short delay and the reasons provided.

Back Fitness Club v. Deepa Chakraborty and Ministry of Labour, 2000 CanLII 12541

Mary Ellen Cummings

G. Pickell

A. Haward

Union granted certification for a bargaining unit of carpenters and apprentices following a successful representation vote.

The applicant union applied for certification in the construction industry for a bargaining unit of carpenters and carpenters' apprentices employed by the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board found the bargaining unit appropriate and ordered that a certificate issue to the applicant.

Labourers’ International Union of North America v. Azor Woodworking Ltd., 2000 CanLII 6021

Mary Ellen Cummings

G. Pickell

A. Haward

Grievance referral granted on default; employer ordered to pay unpaid allowances and remittances.

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

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

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

The Board found the responding party violated the collective agreement by failing to pay travel allowances and make timely remittances, and ordered payment of $12,180.60.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. All Systems Inc., 2000 CanLII 4178

Mary Ellen Cummings

Application withdrawn with leave of the Board.

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

The Board granted leave and the application was withdrawn.

Manac, a division of the Canam Manac Group Inc. v. CAW, Local 1285, 2000 CanLII 2799

Mary Ellen Cummings

Ministry directed to produce specific complaints and identify observed drivers; employer's request for 30-day extension denied.

The employer, Canadian Linen, requested further particulars and document production from the Ministry of Labour regarding an ongoing employment standards matter.

The Ontario Labour Relations Board directed the Ministry to identify which drivers it observed and to produce specific complaints, including an anonymous complaint with identifying information redacted.

The Board declined to order the Ministry to provide exact dates or details of which tach cards were examined.

The employer's request for a 30-day extension to file its reply was denied to preserve the scheduled hearing dates.

Canadian Linen and Uniform Service Company Ltd. v. Dale Cowell et al., 2000 CanLII 13496

Mary Ellen Cummings

Employer's appeal of an Order to Pay withdrawn; funds ordered released to employee.

The employer appealed an Order to Pay in the amount of $652.49.

The employer subsequently indicated it was not continuing its appeal.

The Board granted leave to withdraw the appeal and ordered the Director of Employment Standards to release the funds held in trust to the employee.

Canada's Magic Midway v. Betty Hendry, 2000 CanLII 12756

Mary Ellen Cummings

Request for reconsideration of duty of fair representation complaint dismissed due to unexplained delay.

The applicant requested reconsideration of a November 1998 decision dismissing his duty of fair representation complaint against the union due to delay.

The applicant explained he mistakenly believed a two-year time limit applied, similar to his understanding of the Employment Standards Act.

The Board declined to reconsider the decision, noting that delay has a serious impact on labour relations and the applicant provided no compelling reason to depart from the Board's practice of declining to inquire into complaints made more than one year after the events.

Don Cymbaluk v. CAW – Canada and its Local 1991, 2000 CanLII 12411

Mary Ellen Cummings

Employment and Labour Law

Time for delivering and filing a response extended to August 8, 2000.

The employer requested an extension of time to deliver and file a response.

The Ontario Labour Relations Board granted the request, extending the deadline to August 8, 2000.

Lucia Alciné v. OPSEU, 2000 CanLII 9900

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

J. G. Knight

OLRBUnanimous0 cases1993–2001

G. McMenemy

Construction industry grievance referral adjourned sine die on consent pending document production.

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

The parties agreed to adjourn the scheduled hearing on the condition that the responding party produce specified documentation relating to a project.

The Board granted the adjournment sine die for a period not exceeding one year.

International Brotherhood of Electrical Workers, Local 105 v. Harbridge & Cross Limited, 2000 CanLII 13381

Mary Ellen Cummings

Unfair labour practice complaints dismissed for failing to plead a prima facie violation of the Act.

The applicant filed unfair labour practice complaints against his union and employer regarding his efforts to return to work and a requirement that he undergo a fitness assessment.

The applicant had previously reached a settlement but sought to repudiate it, claiming it violated his constitutional rights, and refused the union's offer to file a grievance.

The Board dismissed the applications on the pleadings, finding that the applicant failed to allege any material facts that, if proven, would constitute a violation of the Labour Relations Act, 1995.

Taylor v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), 2000 CanLII 12621

Mary Ellen Cummings

G. Pickell

A. Haward

Construction grievance adjourned sine die due to inability to deliver notice of hearing to responding parties.

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

Central Ontario Regional Council of Carpenters Drywall and Allied Workers, Local 785, United Brotherhood of Carpenters and Joiners of America v. Build Force Construction, 2000 CanLII 12479

Mary Ellen Cummings

Application for review of Order to Pay terminated after employer failed to file correct forms.

The employer sought to review an Order to Pay issued against it and submitted a letter and partial payment to the Ministry of Labour.

The Board advised the employer that the application was not filed on the correct forms and granted a 20-day extension to comply with the Rules of Procedure.

The employer failed to submit the required forms within the extended time limit.

Consequently, the Board terminated the matter.

Super Shine Janitorial Services Limited v. Ministry of Labour, 2000 CanLII 10573

Mary Ellen Cummings

J. G. Knight

OLRBUnanimous0 cases1993–2001

G. McMenemy

Default judgment granted against employer for failure to remit union dues and benefit contributions.

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

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

The Board found the responding party violated the collective agreement and ordered it to pay $50,292.79 in owed remittances and liquidated damages.

Universal Workers’ Union, L.I.U.N.A., Local 183 v. Resici Group O/A 1212726 Ontario Ltd./1328156 Ontario Ltd., 2000 CanLII 8335

Mary Ellen Cummings

Board ordered disbursement of funds held in trust pursuant to Minutes of Settlement.

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

The workplace parties entered into Minutes of Settlement.

Peter Chilikoff v. Kelly Whynot and Ministry of Labour, 2000 CanLII 3260

Mary Ellen Cummings

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

The applicant requested an adjournment of its applications sine die.

Having regard to the agreement of the parties, the Board consented to adjourn the applications sine die for a period not exceeding one year.

Executive House Inc. v. Ministry of Labour Inspector and Ministry of Labour, 2000 CanLII 2896

Mary Ellen Cummings

Time to appeal Order to Pay extended where employer mailed materials on the deadline day.

The employer appealed an Order to Pay but the application was received by the Board after the 45-day time limit expired.

The employer explained that the material was sent by registered mail on the deadline day.

The Board found the appeal was untimely but exercised its discretion under section 68(4) of the Employment Standards Act to extend the time for applying for review.

383733 Ontario Corp. o/a Skyway Business Machines v. Ministry of Labour, 2000 CanLII 13384

Mary Ellen Cummings

Board directed submissions on extension of time to review Orders to Pay and bankrupt employer's standing.

The applicants, an employer and a director, sought an extension of time to apply for a review of Orders to Pay.

The applicants claimed they did not receive the orders because the employer had made an assignment in bankruptcy and the director had moved residences.

Darshan Singh v. Swarn Singh, 2000 CanLII 13001

Mary Ellen Cummings

Application for review terminated after applicant withdrew complaint to pursue civil action.

The applicant filed an application for review of an employment standards officer's decision but indicated he had previously withdrawn his complaint to pursue a civil action.

The Board noted the withdrawal and terminated the matter.

Trevor David v. I M Interactive Multimedia Inc. and Ministry of Labour, 2000 CanLII 12463

Mary Ellen Cummings

G. Pickell

A. Haward

Employer found liable by default for employing non-union members; ordered to produce payroll records.

The employer failed to file a response.

The Board proceeded by default, finding the employer bound by the collective agreement and in violation of it.

The Board ordered the employer to produce payroll records for the specific job site to allow the union to assess damages, but declined to order production for all bargaining unit work.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. James Elliott Underground Construction Inc., 2000 CanLII 4986

Mary Ellen Cummings

G. Pickell

A. Haward

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application.

The Ontario Labour Relations Board granted leave to withdraw the application.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Strap Drywall & Acoustics Systems Limited, 2000 CanLII 4716

Mary Ellen Cummings

Extension of time to appeal Order to Pay granted due to short delay and bereavement.

The employer filed an application to appeal an Order to Pay four days after the 45-day appeal period under section 68 of the Employment Standards Act.

The applicant requested an extension, explaining that she had to leave the country to arrange her father's funeral and filed the application within two days of her return.

The Board granted the extension due to the short delay and the reasons provided.

Back Fitness Club v. Deepa Chakraborty and Ministry of Labour, 2000 CanLII 12541

Mary Ellen Cummings

G. Pickell

A. Haward

Union granted certification for a bargaining unit of carpenters and apprentices following a successful representation vote.

The applicant union applied for certification in the construction industry for a bargaining unit of carpenters and carpenters' apprentices employed by the responding party.

Labourers’ International Union of North America v. Azor Woodworking Ltd., 2000 CanLII 6021

Mary Ellen Cummings

G. Pickell

A. Haward

Grievance referral granted on default; employer ordered to pay unpaid allowances and remittances.

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

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

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

The Board found the responding party violated the collective agreement by failing to pay travel allowances and make timely remittances, and ordered payment of $12,180.60.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. All Systems Inc., 2000 CanLII 4178

Mary Ellen Cummings

Application withdrawn with leave of the Board.

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

The Board granted leave and the application was withdrawn.

Manac, a division of the Canam Manac Group Inc. v. CAW, Local 1285, 2000 CanLII 2799

Mary Ellen Cummings

Ministry directed to produce specific complaints and identify observed drivers; employer's request for 30-day extension denied.

The employer, Canadian Linen, requested further particulars and document production from the Ministry of Labour regarding an ongoing employment standards matter.

The Board declined to order the Ministry to provide exact dates or details of which tach cards were examined.

The employer's request for a 30-day extension to file its reply was denied to preserve the scheduled hearing dates.

Canadian Linen and Uniform Service Company Ltd. v. Dale Cowell et al., 2000 CanLII 13496

Mary Ellen Cummings

Employer's appeal of an Order to Pay withdrawn; funds ordered released to employee.

The employer appealed an Order to Pay in the amount of $652.49.

The employer subsequently indicated it was not continuing its appeal.

The Board granted leave to withdraw the appeal and ordered the Director of Employment Standards to release the funds held in trust to the employee.

Canada's Magic Midway v. Betty Hendry, 2000 CanLII 12756

Mary Ellen Cummings

Request for reconsideration of duty of fair representation complaint dismissed due to unexplained delay.

The applicant requested reconsideration of a November 1998 decision dismissing his duty of fair representation complaint against the union due to delay.

The applicant explained he mistakenly believed a two-year time limit applied, similar to his understanding of the Employment Standards Act.

Don Cymbaluk v. CAW – Canada and its Local 1991, 2000 CanLII 12411

Mary Ellen Cummings