Mary Ellen Cummings

Extension of time to file response granted due to delay in receiving French forms.

The responding party requested an extension of time to file its response because it only recently received the response forms in French.

The Board granted the request and extended the time for serving and filing a response to July 11, 2000.

Industrial Wood & Allied Workers of Canada, Local 2693 v. Centre de Santé Communautaire de Sudbury, 2000 CanLII 8919

Mary Ellen Cummings

Board denies extension of time for response and directs representation vote in certification application.

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

The responding party failed to file a timely response and requested an extension because a principal was on vacation.

The Board denied the extension, finding insufficient reason to delay the statutory requirement for a speedy vote.

Finding that the applicant appeared to have the requisite membership support, the Board defined the appropriate bargaining unit and directed that a representation vote be held.

Sheet Metal Workers’ International Association, Local Union No 47 v. Les Toitures Raymond 1997 Inc., 2000 CanLII 7517

Mary Ellen Cummings

La Commission ordonne la tenue d'un scrutin de représentation suite à une requête en accréditation non contestée.

La requérante a déposé une requête en accréditation auprès de la Commission des relations de travail de l'Ontario.

L'intimé n'a pas déposé de réponse dans les délais prescrits.

La Commission a conclu que la requérante est un syndicat au sens de la Loi de 1995 sur les relations de travail et qu'au moins quarante pour cent des employés de l'unité de négociation proposée semblaient être membres du syndicat.

Par conséquent, la Commission a ordonné la tenue d'un scrutin de représentation.

La Fédération des Enseignantes-Enseignants des Écoles Secondaires de l’Ontario/FEÉSO c. Groupe Action pour l’Enfant, la Famille et la Communauté de Prescott-Russell, 2000 CanLII 17183

Mary Ellen Cummings

Employer appeal of Order to Pay withdrawn; funds in trust ordered released to employee.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The Ontario Labour Relations Board permitted the appeal to be withdrawn and directed the funds held in trust to be paid to the employee.

Canada’s Magic Midway v. Jane Tremblay and Ministry of Labour, 2000 CanLII 12516

Mary Ellen Cummings

G. Pickell

A. Haward

Applications withdrawn with leave of the Board.

The applicant union sought to withdraw its applications against the City of Toronto and the Toronto Parking Authority.

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

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. City of Toronto and Toronto Parking Authority, 2000 CanLII 9364

Mary Ellen Cummings

Employment standards review resolved by Minutes of Settlement; funds disbursed to employee.

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

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the funds held in trust by the Director to be disbursed in accordance with the settlement, with $581.56 paid to the employee and a $100 administration fee retained by the Consolidated Revenue Fund.

JTL Integrated Machine Ltd. v. Todd Upper and Ministry of Labour, 2000 CanLII 5418

Mary Ellen Cummings

G. Pickell

A. Haward

Consent order issued declaring responding parties bound by collective agreement and ordering payment of $2,177.78.

The applicant union filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995, and referred a grievance in the construction industry.

The parties entered into Minutes of Settlement and requested a consent order.

The Board declared the responding parties bound by the collective agreement, found they had violated it, and ordered them to pay $2,177.78 to the applicant union on a joint and several basis.

International Brotherhood of Painters and Allied Trades, Local Union 1891 v. Patrick’s Spray –All Products Ltd., 2000 CanLII 4299

Mary Ellen Cummings

G. Pickell

A. Haward

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

The applicant union and responding employer agreed to adjourn the application sine die for a period not exceeding one year.

The Ontario Labour Relations Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Speed-Tech Drywall Systems Ltd., 2000 CanLII 3886

Mary Ellen Cummings

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.

Italpasta Limited v. Ministry of Labour, 2000 CanLII 3724

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant, Falconbridge Sudbury Smelter, sought to withdraw its application against the responding parties.

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

Falconbridge Sudbury Smelter v. Mine Mill Local 598/CAW, 2000 CanLII 3174

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant, Apex Woodworking Company Inc., sought to withdraw its application against the responding parties, Dr. Pikk, Inspector, and the Ministry of Labour.

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

Apex Woodworking Company Inc. v. Dr. Pikk, Inspector and Ministry of Labour, 2000 CanLII 3098

Mary Ellen Cummings

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

The applicant brought an application before the Ontario Labour Relations Board.

Having regard to the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

Canada Forgings Inc. v. The National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-TCA Canada) Local 275, 2000 CanLII 2953

Mary Ellen Cummings

Employee appeal of refusal to issue order to pay terminated due to untimeliness.

The applicant employee appealed an Officer's refusal to issue an order to pay for termination and severance pay.

The Board noted that the application appeared to be filed outside the 45-day time limit set out in section 68 of the Employment Standards Act.

The Board invited the applicant to explain the timeliness or seek an extension, but the applicant failed to respond.

Consequently, the Board terminated the matter.

Carmelle Pharand v. Infirmières de l’Ordre de Victoria and Ministry of Labour, 2000 CanLII 1990

Mary Ellen Cummings

G. Pickell

A. Haward

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

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

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

Brick and Allied Craft Union of Canada/Bacu-Canada Local 2 v. Eric Murray c.o.b. as B.M.R. Construction Services, 2000 CanLII 1172

Mary Ellen Cummings

Adjournment request denied as representative's residential move did not justify reconsidering prior refusal.

The applicant employer requested an adjournment of a hearing scheduled for June 28, 2000, because its representative was moving residences on that day.

The Board had previously denied the request.

The applicant provided more details about the move, but the Board found no new information that would cause it to reconsider its earlier decision.

The request for an extension was denied.

Boots and Balls Sports Inc. v. Marie White and Ministry of Labour, 2000 CanLII 10676

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant, Stelco Inc., Hilton Works, requested to withdraw its application.

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

Stelco Inc., Hilton Works v. Local 1005, U.S.W.A., 2000 CanLII 5436

Mary Ellen Cummings

J. G. Knight

OLRBUnanimous0 cases1993–2001

G. McMenemy

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

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.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Lido Construction Co. Ltd., 2000 CanLII 5504

Heidi Ann Lazar-Meyn

15 cases2000–2000

Mary Ellen Cummings

Worker found to be an employee, not an independent contractor; Order to Pay affirmed.

The employer appealed an Order to Pay awarding termination pay, public holiday pay, vacation pay, and unpaid wages to the worker.

The employer argued the worker was an independent contractor.

The Board applied the four-fold and organization tests, finding that the worker was under the direct control of the employer, provided no materials, bore no risk of loss, and was integral to the employer's business.

The Board concluded the worker was an employee and affirmed the Order to Pay, noting that the Act prohibits setting off wages for alleged poor quality work.

Greypoint Properties Inc. v. Nelson DaSilva and Ministry of Labour, 2000 CanLII 3213

Mary Ellen Cummings

Employment and Labour Law

Board denies union counsel's request to tour employer's refinery in non-construction employer application.

In an application by the employer for a declaration that it is a non-construction employer, the responding union requested that its counsel be permitted to tour the employer's Sarnia refinery.

The Board denied the request, noting it was extraordinary and doubting its jurisdiction to make such an order.

The Board also declined the applicant's request to sit for whatever additional time was necessary to conclude the case on the scheduled days, though it offered to sit for a reasonable period beyond usual hours if completion appeared possible.

Shell Canada Limited v. United Brotherhood of Carpenters and Joiners of America and its Locals and Affiliates, 2000 CanLII 2506

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

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJun 28, 2000

Board issues orders incorporating Minutes of Settlement for unpaid union benefits and dues.

Prior to the hearing, the parties entered into Minutes of Settlement.

Brick and Allied Craft Union of Canada/BACU-Canada Local 2, Toronto/Barrie, Ontario v. Matrix Construction Ltd., 2000 CanLII 4380

Mary Ellen Cummings

Extension of time to file response granted due to delay in receiving French forms.

The responding party requested an extension of time to file its response because it only recently received the response forms in French.

The Board granted the request and extended the time for serving and filing a response to July 11, 2000.

Industrial Wood & Allied Workers of Canada, Local 2693 v. Centre de Santé Communautaire de Sudbury, 2000 CanLII 8919

Mary Ellen Cummings

Board denies extension of time for response and directs representation vote in certification application.

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

The responding party failed to file a timely response and requested an extension because a principal was on vacation.

The Board denied the extension, finding insufficient reason to delay the statutory requirement for a speedy vote.

Finding that the applicant appeared to have the requisite membership support, the Board defined the appropriate bargaining unit and directed that a representation vote be held.

Sheet Metal Workers’ International Association, Local Union No 47 v. Les Toitures Raymond 1997 Inc., 2000 CanLII 7517

Mary Ellen Cummings

La Commission ordonne la tenue d'un scrutin de représentation suite à une requête en accréditation non contestée.

La requérante a déposé une requête en accréditation auprès de la Commission des relations de travail de l'Ontario.

L'intimé n'a pas déposé de réponse dans les délais prescrits.

Par conséquent, la Commission a ordonné la tenue d'un scrutin de représentation.

La Fédération des Enseignantes-Enseignants des Écoles Secondaires de l’Ontario/FEÉSO c. Groupe Action pour l’Enfant, la Famille et la Communauté de Prescott-Russell, 2000 CanLII 17183

Mary Ellen Cummings

Employer appeal of Order to Pay withdrawn; funds in trust 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 Ontario Labour Relations Board permitted the appeal to be withdrawn and directed the funds held in trust to be paid to the employee.

Canada’s Magic Midway v. Jane Tremblay and Ministry of Labour, 2000 CanLII 12516

Mary Ellen Cummings

G. Pickell

A. Haward

Applications withdrawn with leave of the Board.

The applicant union sought to withdraw its applications against the City of Toronto and the Toronto Parking Authority.

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

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. City of Toronto and Toronto Parking Authority, 2000 CanLII 9364

Mary Ellen Cummings

Employment standards review resolved by Minutes of Settlement; funds disbursed to employee.

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

The workplace parties entered into Minutes of Settlement.

JTL Integrated Machine Ltd. v. Todd Upper and Ministry of Labour, 2000 CanLII 5418

Mary Ellen Cummings

G. Pickell

A. Haward

Consent order issued declaring responding parties bound by collective agreement and ordering payment of $2,177.78.

The applicant union filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995, and referred a grievance in the construction industry.

The parties entered into Minutes of Settlement and requested a consent order.

The Board declared the responding parties bound by the collective agreement, found they had violated it, and ordered them to pay $2,177.78 to the applicant union on a joint and several basis.

International Brotherhood of Painters and Allied Trades, Local Union 1891 v. Patrick’s Spray –All Products Ltd., 2000 CanLII 4299

Mary Ellen Cummings

G. Pickell

A. Haward

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

The applicant union and responding employer agreed to adjourn the application sine die for a period not exceeding one year.

The Ontario Labour Relations Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Speed-Tech Drywall Systems Ltd., 2000 CanLII 3886

Mary Ellen Cummings

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.

Italpasta Limited v. Ministry of Labour, 2000 CanLII 3724

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant, Falconbridge Sudbury Smelter, sought to withdraw its application against the responding parties.

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

Falconbridge Sudbury Smelter v. Mine Mill Local 598/CAW, 2000 CanLII 3174

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant, Apex Woodworking Company Inc., sought to withdraw its application against the responding parties, Dr. Pikk, Inspector, and the Ministry of Labour.

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

Apex Woodworking Company Inc. v. Dr. Pikk, Inspector and Ministry of Labour, 2000 CanLII 3098

Mary Ellen Cummings

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

The applicant brought an application before the Ontario Labour Relations Board.

Canada Forgings Inc. v. The National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-TCA Canada) Local 275, 2000 CanLII 2953

Mary Ellen Cummings

Employee appeal of refusal to issue order to pay terminated due to untimeliness.

The applicant employee appealed an Officer's refusal to issue an order to pay for termination and severance pay.

The Board noted that the application appeared to be filed outside the 45-day time limit set out in section 68 of the Employment Standards Act.

The Board invited the applicant to explain the timeliness or seek an extension, but the applicant failed to respond.

Consequently, the Board terminated the matter.

Carmelle Pharand v. Infirmières de l’Ordre de Victoria and Ministry of Labour, 2000 CanLII 1990

Mary Ellen Cummings

G. Pickell

A. Haward

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

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

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

Brick and Allied Craft Union of Canada/Bacu-Canada Local 2 v. Eric Murray c.o.b. as B.M.R. Construction Services, 2000 CanLII 1172

Mary Ellen Cummings

Adjournment request denied as representative's residential move did not justify reconsidering prior refusal.

The applicant employer requested an adjournment of a hearing scheduled for June 28, 2000, because its representative was moving residences on that day.

The Board had previously denied the request.

The applicant provided more details about the move, but the Board found no new information that would cause it to reconsider its earlier decision.

The request for an extension was denied.

Boots and Balls Sports Inc. v. Marie White and Ministry of Labour, 2000 CanLII 10676

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant, Stelco Inc., Hilton Works, requested to withdraw its application.

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

Stelco Inc., Hilton Works v. Local 1005, U.S.W.A., 2000 CanLII 5436

Mary Ellen Cummings

J. G. Knight

OLRBUnanimous0 cases1993–2001

G. McMenemy

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

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.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Lido Construction Co. Ltd., 2000 CanLII 5504

Heidi Ann Lazar-Meyn

15 cases2000–2000

Mary Ellen Cummings

Worker found to be an employee, not an independent contractor; Order to Pay affirmed.

The employer appealed an Order to Pay awarding termination pay, public holiday pay, vacation pay, and unpaid wages to the worker.

The employer argued the worker was an independent contractor.

The Board concluded the worker was an employee and affirmed the Order to Pay, noting that the Act prohibits setting off wages for alleged poor quality work.

Greypoint Properties Inc. v. Nelson DaSilva and Ministry of Labour, 2000 CanLII 3213

Mary Ellen Cummings