Mary Ellen Cummings

OLRBOntario Labour Relations BoardJul 20, 2000

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

The parties agreed to adjourn the application sine die.

The Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if no request to proceed is made.

Communications, Energy and Paperworkers Union of Canada v. Cantar-Polyair, 2000 CanLII 7391

Mary Ellen Cummings

OLRBOntario Labour Relations BoardJul 19, 2000

Board directed submissions on adjournment and whether to dismiss unfair labour practice complaint.

The union filed an unfair labour practice complaint alleging the employer harassed a pregnant employee seeking alternate work.

The union requested an adjournment and change of venue because the employee was scheduled to give birth.

The Board noted the employer had already apologized and taken remedial steps regarding the accommodation process.

The Board directed the employer to respond to the adjournment request and directed both parties to file submissions on whether the Board should exercise its discretion not to inquire further into the complaint, given that no good labour relations purpose might be served.

The Canadian Union of Public Employees (Local 2376) v. The Roberts Smart Centre, 2000 CanLII 8995

Mary Ellen Cummings

OLRBOntario Labour Relations BoardJul 18, 2000

Board grants reconsideration to allow applicant submissions but declines to assign a different panel.

The applicant union requested reconsideration of a Board decision that dismissed its unfair labour practice complaints against a rival union without first seeking its submissions.

The applicant argued it was denied natural justice.

The Board agreed that it should have sought submissions before determining if an arguable case was made out, and granted the reconsideration to allow for written submissions.

However, the Board declined the applicant's request to place the matter before a different panel, noting that adjudicators are capable of keeping an open mind and being persuaded by new submissions.

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 11894

Karima Chatur

53 cases1999–2001

Mary Ellen Cummings

OLRBOntario Labour Relations BoardJul 13, 2000

Employee appeal for termination pay dismissed as evidence showed she was not terminated.

The applicant appealed an Employment Standards Officer's determination that she was not entitled to termination and severance pay because she had quit her employment.

The applicant alleged she was told by her manager to leave and not return due to her illness.

The Board found that the applicant was not terminated, noting she provided a doctor's note after the alleged termination, received no termination letter or Record of Employment, and continued to receive benefits.

Furthermore, the employer repeatedly asked her to return to work, which she refused.

The application was dismissed.

Seema Sharma v. Cosgrove Moore Bindery Services, 2000 CanLII 3763

Mary Ellen Cummings

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

The applicant requested an adjournment sine die of the application.

Having regard to the agreement of the parties, the Adjudicator/Referee consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no request to proceed is made.

H. Paulin & Co. Limited v. Dusan Poupa and Ministry of Labour, 2000 CanLII 9593

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

The parties agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if no party requests to proceed.

The Ontario Council of the International Union of Painters and Allied Trades v. 853291 Ontario Ltd., 2000 CanLII 4783

Mary Ellen Cummings

G. Pickell

G. McMenemy

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application.

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

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. PCL Constructors Canada Inc., 2000 CanLII 2968

Mary Ellen Cummings

Application withdrawn with leave of the Board upon request by the applicant.

The applicant union requested to withdraw its application.

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

United Food and Commercial Workers International Union, Local 175 v. Algonquin Automotive; A Division of Hidden Hitch International, 2000 CanLII 2750

Mary Ellen Cummings

G. Pickell

G. McMenemy

Board issues consent order for $41,981.25 in damages for collective agreement violations.

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

Prior to the hearing, the parties entered into Minutes of Settlement and requested a consent order.

The Board issued the consent order, declaring the responding party bound by the collective agreement, finding violations of the agreement, and ordering the responding party to pay $41,981.25 in damages as full and final settlement.

Labourers’ International Union of North America, Local 183 v. Osler Paving & Construction Ltd., 2000 CanLII 1156

Mary Ellen Cummings

G. Pickell

G. McMenemy

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

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

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

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Ontario Power Generation Inc., 2000 CanLII 5176

Mary Ellen Cummings

G. Pickell

G. McMenemy

Board issues consent declarations regarding unpaid remittances but declines to order parties to meet.

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

Prior to the hearing, the parties entered into Minutes of Settlement and requested a consent decision.

The Board issued declarations that the parties were bound by the Provincial Collective Agreement and that the responding party had violated the agreement by failing to remit vacation pay and trust fund contributions.

However, the Board declined to order the parties to meet, noting it was not appropriate to mandate such a meeting.

A hearing was scheduled to determine the quantum of damages.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. M & J Tile, 2000 CanLII 3616

Mary Ellen Cummings

G. Pickell

G. McMenemy

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

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

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter would be deemed terminated if no request to proceed is made.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. J. D. Caulking Ltd., 2000 CanLII 3069

Mary Ellen Cummings

Representation vote rescheduled to correct administrative errors and ensure availability of a bilingual officer.

The applicant union filed an application for certification in the construction industry.

The Board initially ordered a representation vote but made administrative errors regarding the application filing and delivery dates, resulting in the vote being ordered without considering the responding party's timely response.

The responding party raised concerns about confusion over voter eligibility and the late availability of French notices.

The Board adjourned the vote and rescheduled it to a date when a bilingual officer would be available, balancing the need for expedition with obligations under the French Language Services Act.

Sheet Metal Workers’ International Association, Local Union No 47 v. Les Toitures Raymond 1997 Inc., 2000 CanLII 9885

Mary Ellen Cummings

G. Pickell

A. Haward

Applications withdrawn with leave of the Board following Minutes of Settlement.

The applicant union sought to withdraw its applications against the responding parties following the execution of Minutes of Settlement.

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

Brick and Allied Craft Union of Canada/Bacu-Canada, Local 1 v. Vanbots Construction Corporation, 2000 CanLII 3251

Mary Ellen Cummings

OLRBUnanimous (Wrote the reasons)0 cases1991–2009

Board issues preliminary directions in unfair labour practice complaint regarding union organizing drive.

The applicant union filed an unfair labour practice complaint alleging the responding employer terminated an employee for participating in an organizing drive.

The employer raised preliminary issues, seeking to strike portions of the application for delay and lack of a prima facie case, and objecting to certain documents.

The Board directed the applicant to clarify its reliance on the disputed paragraphs and deferred the evidentiary issues to the hearing panel.

Christian Labour Association of Canada v. Bibs Sarnia Limited o/a Tim Hortons, 2000 CanLII 6883

Mary Ellen Cummings

G. Pickell

A. Haward

Consent order issued incorporating Minutes of Settlement for $100,000 payment in construction industry grievance.

The applicant union referred three construction industry grievances to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the use of non-union workers and failure to pay benefits.

The parties resolved the matters and entered into Minutes of Settlement, requesting the Board to incorporate them into a consent order.

The Board issued the consent order, directing the responding party to pay $100,000 to the applicant in accordance with the agreed payment schedule, and declined to adjourn the matter sine die as there were no remaining issues to adjudicate.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Country Drywall 2000 Corp., 2000 CanLII 6020

Mary Ellen Cummings

OLRBOntario Labour Relations BoardJul 4, 2000

Board finds union pleaded a prima facie case of a statutory freeze violation.

The applicant union filed an application under section 96 of the Labour Relations Act, alleging that the responding party breached the statutory freeze in section 86 by changing the terms and conditions of employment of an employee.

The responding party argued that the applicant failed to plead a prima facie case.

The Board reviewed the application and concluded that a prima facie case had been pleaded.

I.W.A. Canada v. Caisse Populaire de Mattawa Ltée, 2000 CanLII 10072

Mary Ellen Cummings

Board directs pre-hearing conference in complex unfair labour practice complaint involving unrepresented employees.

The applicants, a group of employees, filed an unfair labour practice complaint alleging that the SEIU and the employer breached the Act during the negotiation of a merger of bargaining units.

The SEIU and the employer argued the issue was moot because the CAW had since displaced the SEIU as the bargaining agent.

Noting the complexity of the legal issues and the applicants' lack of professional representation, the Board directed a pre-hearing conference to streamline the matters in dispute and explore opportunities for resolution.

Group of Employees v. Service Employees International Union Local 220, 2000 CanLII 9574

Mary Ellen Cummings

Application withdrawn with leave of the Board at the employer's request.

The employer requested to withdraw its application.

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

Victoria Manor v. Service Employees’ International Union, Local 210, 2000 CanLII 3480

Mary Ellen Cummings

Employment and Labour Law

Applicants directed to provide particulars regarding collective agreement status and related employer payroll for severance claim.

The applicants appealed a decision of an Employment Standards Officer denying their claim for severance pay following a plant closure.

The Officer had concluded that a collective agreement was in place, requiring the employees to seek entitlements through the grievance and arbitration procedure under section 64.5 of the Employment Standards Act.

The applicants alleged there was no collective agreement in place due to a lockout, and that the employer's payroll, combined with a related entity, exceeded the $2.5 million threshold for severance pay.

The Board directed the applicants to provide detailed particulars regarding the status of the collective agreement and the factual basis for linking the related entities before scheduling a hearing.

Pike Irvin et al. v. Shu-Pak Refuse Equipment Inc., 2000 CanLII 3205

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 BoardJul 20, 2000

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

The parties agreed to adjourn the application sine die.

The Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if no request to proceed is made.

Communications, Energy and Paperworkers Union of Canada v. Cantar-Polyair, 2000 CanLII 7391

Mary Ellen Cummings

OLRBOntario Labour Relations BoardJul 19, 2000

Board directed submissions on adjournment and whether to dismiss unfair labour practice complaint.

The union filed an unfair labour practice complaint alleging the employer harassed a pregnant employee seeking alternate work.

The union requested an adjournment and change of venue because the employee was scheduled to give birth.

The Board noted the employer had already apologized and taken remedial steps regarding the accommodation process.

The Canadian Union of Public Employees (Local 2376) v. The Roberts Smart Centre, 2000 CanLII 8995

Mary Ellen Cummings

OLRBOntario Labour Relations BoardJul 18, 2000

Board grants reconsideration to allow applicant submissions but declines to assign a different panel.

The applicant union requested reconsideration of a Board decision that dismissed its unfair labour practice complaints against a rival union without first seeking its submissions.

The applicant argued it was denied natural justice.

The Board agreed that it should have sought submissions before determining if an arguable case was made out, and granted the reconsideration to allow for written submissions.

However, the Board declined the applicant's request to place the matter before a different panel, noting that adjudicators are capable of keeping an open mind and being persuaded by new submissions.

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 11894

Karima Chatur

53 cases1999–2001

Mary Ellen Cummings

OLRBOntario Labour Relations BoardJul 13, 2000

Employee appeal for termination pay dismissed as evidence showed she was not terminated.

The applicant appealed an Employment Standards Officer's determination that she was not entitled to termination and severance pay because she had quit her employment.

The applicant alleged she was told by her manager to leave and not return due to her illness.

Furthermore, the employer repeatedly asked her to return to work, which she refused.

The application was dismissed.

Seema Sharma v. Cosgrove Moore Bindery Services, 2000 CanLII 3763

Mary Ellen Cummings

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

The applicant requested an adjournment sine die of the application.

H. Paulin & Co. Limited v. Dusan Poupa and Ministry of Labour, 2000 CanLII 9593

Mary Ellen Cummings

G. Pickell

G. McMenemy

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

The parties agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if no party requests to proceed.

The Ontario Council of the International Union of Painters and Allied Trades v. 853291 Ontario Ltd., 2000 CanLII 4783

Mary Ellen Cummings

G. Pickell

G. McMenemy

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application.

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

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. PCL Constructors Canada Inc., 2000 CanLII 2968

Mary Ellen Cummings

Application withdrawn with leave of the Board upon request by the applicant.

The applicant union requested to withdraw its application.

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

United Food and Commercial Workers International Union, Local 175 v. Algonquin Automotive; A Division of Hidden Hitch International, 2000 CanLII 2750

Mary Ellen Cummings

G. Pickell

G. McMenemy

Board issues consent order for $41,981.25 in damages for collective agreement violations.

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

Prior to the hearing, the parties entered into Minutes of Settlement and requested a consent order.

Labourers’ International Union of North America, Local 183 v. Osler Paving & Construction Ltd., 2000 CanLII 1156

Mary Ellen Cummings

G. Pickell

G. McMenemy

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

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

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

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Ontario Power Generation Inc., 2000 CanLII 5176

Mary Ellen Cummings

G. Pickell

G. McMenemy

Board issues consent declarations regarding unpaid remittances but declines to order parties to meet.

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

Prior to the hearing, the parties entered into Minutes of Settlement and requested a consent decision.

However, the Board declined to order the parties to meet, noting it was not appropriate to mandate such a meeting.

A hearing was scheduled to determine the quantum of damages.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. M & J Tile, 2000 CanLII 3616

Mary Ellen Cummings

G. Pickell

G. McMenemy

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

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

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter would be deemed terminated if no request to proceed is made.

Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. J. D. Caulking Ltd., 2000 CanLII 3069

Mary Ellen Cummings

Representation vote rescheduled to correct administrative errors and ensure availability of a bilingual officer.

The applicant union filed an application for certification in the construction industry.

The responding party raised concerns about confusion over voter eligibility and the late availability of French notices.

The Board adjourned the vote and rescheduled it to a date when a bilingual officer would be available, balancing the need for expedition with obligations under the French Language Services Act.

Sheet Metal Workers’ International Association, Local Union No 47 v. Les Toitures Raymond 1997 Inc., 2000 CanLII 9885

Mary Ellen Cummings

G. Pickell

A. Haward

Applications withdrawn with leave of the Board following Minutes of Settlement.

The applicant union sought to withdraw its applications against the responding parties following the execution of Minutes of Settlement.

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

Brick and Allied Craft Union of Canada/Bacu-Canada, Local 1 v. Vanbots Construction Corporation, 2000 CanLII 3251

Mary Ellen Cummings

OLRBUnanimous (Wrote the reasons)0 cases1991–2009

Board issues preliminary directions in unfair labour practice complaint regarding union organizing drive.

The applicant union filed an unfair labour practice complaint alleging the responding employer terminated an employee for participating in an organizing drive.

The employer raised preliminary issues, seeking to strike portions of the application for delay and lack of a prima facie case, and objecting to certain documents.

The Board directed the applicant to clarify its reliance on the disputed paragraphs and deferred the evidentiary issues to the hearing panel.

Christian Labour Association of Canada v. Bibs Sarnia Limited o/a Tim Hortons, 2000 CanLII 6883

Mary Ellen Cummings

G. Pickell

A. Haward

Consent order issued incorporating Minutes of Settlement for $100,000 payment in construction industry grievance.

The parties resolved the matters and entered into Minutes of Settlement, requesting the Board to incorporate them into a consent order.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Country Drywall 2000 Corp., 2000 CanLII 6020

Mary Ellen Cummings

OLRBOntario Labour Relations BoardJul 4, 2000

Board finds union pleaded a prima facie case of a statutory freeze violation.

The responding party argued that the applicant failed to plead a prima facie case.

The Board reviewed the application and concluded that a prima facie case had been pleaded.

I.W.A. Canada v. Caisse Populaire de Mattawa Ltée, 2000 CanLII 10072

Mary Ellen Cummings

Board directs pre-hearing conference in complex unfair labour practice complaint involving unrepresented employees.

The applicants, a group of employees, filed an unfair labour practice complaint alleging that the SEIU and the employer breached the Act during the negotiation of a merger of bargaining units.

The SEIU and the employer argued the issue was moot because the CAW had since displaced the SEIU as the bargaining agent.

Group of Employees v. Service Employees International Union Local 220, 2000 CanLII 9574

Mary Ellen Cummings

Application withdrawn with leave of the Board at the employer's request.

The employer requested to withdraw its application.

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

Victoria Manor v. Service Employees’ International Union, Local 210, 2000 CanLII 3480

Mary Ellen Cummings