Mary Ellen Cummings

OLRBOntario Labour Relations BoardJun 19, 2000

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

International Brotherhood of Electrical Workers, Local 353 v. Power Cable Installations (Toronto) Limited/Standard Underground High Voltage Ltd., 2000 CanLII 1555

Related employer application dismissed as there was no labour relations mischief to remedy.

The applicant union brought applications alleging that the City of Toronto and the Toronto Parking Authority were a single employer or that a sale of business had occurred, alongside a construction grievance regarding the contracting of a parking garage to a non-union contractor.

The responding parties brought preliminary motions arguing res judicata based on prior PSLRTA proceedings and that the Board should decline to exercise its discretion under section 1(4) of the Labour Relations Act.

The Board rejected the res judicata argument but dismissed the related employer application, finding no labour relations mischief to remedy as the entities had operated separately for years without the union seeking to formalize bargaining rights.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. City of Toronto and Toronto Parking Authority, 2000 CanLII 7860

Mary Ellen Cummings

OLRBOntario Labour Relations BoardJun 12, 2000

Application withdrawn with leave of the Board.

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

The Board granted leave and the application was withdrawn.

Labourers’ International Union of North America, Local 527 v. M. Raymond Roofing & Sons Inc., 2000 CanLII 1464

Mary Ellen Cummings

J. G. Knight

OLRBUnanimous0 cases1993–2001

G. McMenemy

OLRBOntario Labour Relations BoardJun 6, 2000

Application adjourned sine die on consent of the parties.

The Ontario Labour Relations Board granted a consent request to adjourn the application sine die for a period not exceeding one year.

If no party requests to proceed within that time, the matter will be deemed terminated.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Kvaerner Jaddco, 2000 CanLII 9063

Mary Ellen Cummings

Unfair labour practice complaint and request for consent to prosecute dismissed for failing to establish a prima facie case.

The applicant union filed an unfair labour practice complaint alleging the responding union violated sections 73(2) and 76 of the Labour Relations Act during a displacement certification campaign, and sought consent to prosecute.

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

The Board found no allegations of the responding union bargaining with an employer to engage section 73(2), and noted a trade union is not a 'person' capable of seeking a remedy for intimidation under section 76.

The request for consent to prosecute was also dismissed as the standard was not met.

Service Employees International Union v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), 2000 CanLII 12738

Marcel Leger

George Vuici

2 cases2000–2010

Diane Beland

Mary Ellen Cummings

Board has jurisdiction under section 81 of the CCBA to determine the true employer.

The union applied under section 81 of the Colleges Collective Bargaining Act for a determination of the employment status of persons working at a co-operative providing bookstore and food services at a college.

The college and the co-operative raised a preliminary objection that the Board lacked jurisdiction to determine the identity of the employer under section 81.

The Board held that it has jurisdiction to determine who is the true employer as a necessary part of determining employee status under the Act.

Ontario Public Service Employees Union and its Local 672 v. le Conseil d’administration du Collège Boréal and la Coopérative du Collège Boréal Limitée, 2000 CanLII 9329

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 31, 2000

Board directs applicants to file submissions on whether unfair labour practice complaint is moot.

The applicants filed an unfair labour practice complaint regarding the negotiation of a merger of bargaining units by the SEIU and the employer.

Subsequently, the CAW was certified to represent the employees, replacing the SEIU.

The SEIU and the employer submitted that the application should be dismissed as moot.

The Board directed the applicants to file submissions on the issue of mootness before making a final determination.

Group of Employees v. Service Employees International Union, Local 220, 2000 CanLII 6608

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 30, 2000

Grievance referrals adjourned on consent pending disposition of related Board file.

The applicant union referred two grievances to the Board.

On the agreement of the parties, and with the concurrence of counsel for an interested union, the Board adjourned the matters.

The parties may request a hearing within 60 days of the disposition of a related Board file, failing which the proceedings will be terminated.

Labourers’ International Union of North America, Local 1089 v. Doug Chalmers Construction Limited, 2000 CanLII 2906

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 29, 2000

Board clarifies timeline for filing a reconsideration request.

The intervenor requested clarification of the Board's previous decision directing it to file a 'timely' request for reconsideration, noting it did not receive the decision until May 8, 2000.

The Board clarified that the time for making the request runs from either May 8 or May 11, 2000, as agreed at the hearing.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Metal Tech Systems Inc., 2000 CanLII 6697

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 23, 2000

Director's appeal under the Employment Standards Act terminated following settlement.

The applicant, a director of Proma International Inc., appealed a decision of an Employment Standards Officer.

The Ministry of Labour advised the Board that the matter had been resolved.

As the matter was settled, the Board terminated the proceeding in accordance with section 69.1(5) of the Employment Standards Act.

Joseph A. William a Director for Proma International Inc. v. Ministry of Labour, 2000 CanLII 6014

Mary Ellen Cummings

The Board ordered a representation vote for a proposed bargaining unit of grocery store employees.

The applicant trade union applied for certification to represent employees of the responding party at a grocery store in Embrun.

The Board found that the applicant established sufficient membership support (not less than 40%) in its proposed bargaining unit to obtain a representation vote.

The Board directed that a representation vote be held, with segregated ballots for disputed managerial positions.

Teamsters Local Union 91 v. La Coop Agricole D’Embrun Ltée, 2000 CanLII 5027

Mary Ellen Cummings

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 736 v. Bay-Shore Maintenance Ltd., 2000 CanLII 3435

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 5, 2000

Board directed Ministry of Labour to respond to employer's preliminary objections in employment standards appeal.

The employer and two employees appealed an Order to Pay issued by an Employment Standards Officer in the amount of $612,501.46 plus an administrative fee.

The Officer found the employer failed to keep accurate records, pay overtime, provide eating periods, and pay proper public holiday wages for 109 employees.

The employer raised preliminary objections regarding timeliness and the Ministry's conduct.

The Board directed the Ministry of Labour to file a response to the preliminary objections and scheduled a hearing to determine the preliminary issues.

Canadian Linen and Uniform Service Company Ltd. v. Dale Cowell et al., 2000 CanLII 7954

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 4, 2000

Employer appeal terminated after parties resolved their differences.

The employer appealed an employment standards matter.

The parties subsequently resolved their differences, leaving no issues to be determined.

The Board terminated the proceeding.

Marie Foss v. Erlinda Aravelo and Ministry of Labour, 2000 CanLII 9023

Mary Ellen Cummings

Prima facie case established for duty of fair representation complaint regarding union's pension advice.

The applicant alleged that the union breached its duty of fair representation under section 74 of the Labour Relations Act by misrepresenting that he would receive a pension based on 30 years of service in exchange for withdrawing his termination grievances.

The union and employer sought to dismiss the application for failing to disclose a prima facie case.

The Board found that the applicant made out an arguable case that the union acted in bad faith, but held that the only available remedy would be an order to process the termination grievance, not an adjustment to his pension or damages.

The matter was remitted to a Labour Relations Specialist for mediation.

Robert W. Chapman v. National Automobile, Aerospace Transportation and General Workers Union of Canada (CAW-Canada), Local 636, 2000 CanLII 7435

Mary Ellen Cummings

Preliminary motion to dismiss unfair labour practice complaint partially granted; allegations regarding bargaining unit merger to proceed.

A group of employees brought an application alleging that the union and employer breached the Labour Relations Act by reopening collective agreements and combining bargaining units without ratification following a hospital amalgamation.

The employer and union raised preliminary objections.

The Board dismissed the applicants' claim regarding statutory holiday pay under the Employment Standards Act, directing them to the grievance process.

However, the Board found that the allegations regarding the process of combining the bargaining units and collective agreements disclosed a prima facie case and directed the matter to proceed.

Group of Employees v. Service Employees International Union, Local 220 and Grand River Hospital Corporation, 2000 CanLII 2046

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 2, 2000

Applications withdrawn with leave following a memorandum of settlement between the parties.

The parties reached a Memorandum of Settlement on the day the matters were scheduled to be heard.

Having regard to the settlement, the Ontario Labour Relations Board granted leave to withdraw the applications.

Sears Canada Inc. v. Retail Wholesale Canada, Canadian Service Sector Division of the United Steelworkers of America, Local 1000, 2000 CanLII 7618

Robert Leone

7 cases1995–2001

Richard Drmaj

10 cases1995–2003

R. Carlton

2 cases2000–2000

N. L. Jesin

70 cases1987–2001

A.M. Minsky

11 cases1980–2008

Mary Ellen Cummings

Board issues case management directions in scaffolding jurisdictional dispute, granting Carpenters limited intervenor status.

In a series of construction industry grievances concerning scaffolding work, the Ontario Labour Relations Board issued case management directions.

The Board ordered that the newest grievance proceed first, as it offered the best opportunity to litigate based on recent events.

The Board granted the Carpenters union status to participate in the new grievance but denied them participation in the older, bundled grievances.

The Board also limited the scope of documentary production required from the responding employer to ensure an efficient hearing process.

Labourers’ International Union of North America, Local 1089 v. Doug Chalmers Construction Limited, 2000 CanLII 12694

Mary Ellen Cummings

G. Pickell

A. Haward

Application for joint certification dismissed after union failed to win majority in representation vote.

The applicant union applied for certification with respect to three companies, both separately and as related employers under section 1(4) of the Labour Relations Act, 1995.

A representation vote was held.

Not more than fifty percent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

Consequently, the Board dismissed the application for joint certification and imposed a one-year bar on further applications by the applicant.

I.B.E.W. Construction Council of Ontario v. Bison Electric Incorporated, 2000 CanLII 6803

Mary Ellen Cummings

OLRBOntario Labour Relations BoardApr 27, 2000

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

The applicant requested to withdraw the application.

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

Kenneth Edward Sedore v. Verdoold Foods Ltd., 2000 CanLII 10576

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

Employment and Labour Law

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 BoardJun 19, 2000

Application withdrawn with leave of the Board.

The applicant requested to withdraw its application.

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

International Brotherhood of Electrical Workers, Local 353 v. Power Cable Installations (Toronto) Limited/Standard Underground High Voltage Ltd., 2000 CanLII 1555

William LeMay

9 cases1998–2014

Michael Yorke

2 cases1996–2000

Michael A. Church

51 cases1982–2026

Lister Tenant

3 cases2000–2001

Issic Berger

Heather Crisp

29 cases2000–2015

Barry Martin

2 cases1998–2000

Mary Ellen Cummings

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardJun 15, 2000

Related employer application dismissed as there was no labour relations mischief to remedy.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. City of Toronto and Toronto Parking Authority, 2000 CanLII 7860

Mary Ellen Cummings

OLRBOntario Labour Relations BoardJun 12, 2000

Application withdrawn with leave of the Board.

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

The Board granted leave and the application was withdrawn.

Labourers’ International Union of North America, Local 527 v. M. Raymond Roofing & Sons Inc., 2000 CanLII 1464

Mary Ellen Cummings

J. G. Knight

OLRBUnanimous0 cases1993–2001

G. McMenemy

OLRBOntario Labour Relations BoardJun 6, 2000

Application adjourned sine die on consent of the parties.

The Ontario Labour Relations Board granted a consent request to adjourn the application sine die for a period not exceeding one year.

If no party requests to proceed within that time, the matter will be deemed terminated.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Kvaerner Jaddco, 2000 CanLII 9063

Mary Ellen Cummings

Unfair labour practice complaint and request for consent to prosecute dismissed for failing to establish a prima facie case.

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

The request for consent to prosecute was also dismissed as the standard was not met.

Service Employees International Union v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), 2000 CanLII 12738

Marcel Leger

George Vuici

2 cases2000–2010

Diane Beland

Mary Ellen Cummings

Board has jurisdiction under section 81 of the CCBA to determine the true employer.

The college and the co-operative raised a preliminary objection that the Board lacked jurisdiction to determine the identity of the employer under section 81.

The Board held that it has jurisdiction to determine who is the true employer as a necessary part of determining employee status under the Act.

Ontario Public Service Employees Union and its Local 672 v. le Conseil d’administration du Collège Boréal and la Coopérative du Collège Boréal Limitée, 2000 CanLII 9329

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 31, 2000

Board directs applicants to file submissions on whether unfair labour practice complaint is moot.

The applicants filed an unfair labour practice complaint regarding the negotiation of a merger of bargaining units by the SEIU and the employer.

Subsequently, the CAW was certified to represent the employees, replacing the SEIU.

The SEIU and the employer submitted that the application should be dismissed as moot.

The Board directed the applicants to file submissions on the issue of mootness before making a final determination.

Group of Employees v. Service Employees International Union, Local 220, 2000 CanLII 6608

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 30, 2000

Grievance referrals adjourned on consent pending disposition of related Board file.

The applicant union referred two grievances to the Board.

On the agreement of the parties, and with the concurrence of counsel for an interested union, the Board adjourned the matters.

The parties may request a hearing within 60 days of the disposition of a related Board file, failing which the proceedings will be terminated.

Labourers’ International Union of North America, Local 1089 v. Doug Chalmers Construction Limited, 2000 CanLII 2906

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 29, 2000

Board clarifies timeline for filing a reconsideration request.

The intervenor requested clarification of the Board's previous decision directing it to file a 'timely' request for reconsideration, noting it did not receive the decision until May 8, 2000.

The Board clarified that the time for making the request runs from either May 8 or May 11, 2000, as agreed at the hearing.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Metal Tech Systems Inc., 2000 CanLII 6697

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 23, 2000

Director's appeal under the Employment Standards Act terminated following settlement.

The applicant, a director of Proma International Inc., appealed a decision of an Employment Standards Officer.

The Ministry of Labour advised the Board that the matter had been resolved.

As the matter was settled, the Board terminated the proceeding in accordance with section 69.1(5) of the Employment Standards Act.

Joseph A. William a Director for Proma International Inc. v. Ministry of Labour, 2000 CanLII 6014

Mary Ellen Cummings

The Board ordered a representation vote for a proposed bargaining unit of grocery store employees.

The applicant trade union applied for certification to represent employees of the responding party at a grocery store in Embrun.

The Board found that the applicant established sufficient membership support (not less than 40%) in its proposed bargaining unit to obtain a representation vote.

The Board directed that a representation vote be held, with segregated ballots for disputed managerial positions.

Teamsters Local Union 91 v. La Coop Agricole D’Embrun Ltée, 2000 CanLII 5027

Mary Ellen Cummings

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 736 v. Bay-Shore Maintenance Ltd., 2000 CanLII 3435

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 5, 2000

Board directed Ministry of Labour to respond to employer's preliminary objections in employment standards appeal.

The employer and two employees appealed an Order to Pay issued by an Employment Standards Officer in the amount of $612,501.46 plus an administrative fee.

The Officer found the employer failed to keep accurate records, pay overtime, provide eating periods, and pay proper public holiday wages for 109 employees.

The employer raised preliminary objections regarding timeliness and the Ministry's conduct.

The Board directed the Ministry of Labour to file a response to the preliminary objections and scheduled a hearing to determine the preliminary issues.

Canadian Linen and Uniform Service Company Ltd. v. Dale Cowell et al., 2000 CanLII 7954

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 4, 2000

Employer appeal terminated after parties resolved their differences.

The employer appealed an employment standards matter.

The parties subsequently resolved their differences, leaving no issues to be determined.

The Board terminated the proceeding.

Marie Foss v. Erlinda Aravelo and Ministry of Labour, 2000 CanLII 9023

Mary Ellen Cummings

Prima facie case established for duty of fair representation complaint regarding union's pension advice.

The union and employer sought to dismiss the application for failing to disclose a prima facie case.

The matter was remitted to a Labour Relations Specialist for mediation.

Robert W. Chapman v. National Automobile, Aerospace Transportation and General Workers Union of Canada (CAW-Canada), Local 636, 2000 CanLII 7435

Mary Ellen Cummings

Preliminary motion to dismiss unfair labour practice complaint partially granted; allegations regarding bargaining unit merger to proceed.

The employer and union raised preliminary objections.

The Board dismissed the applicants' claim regarding statutory holiday pay under the Employment Standards Act, directing them to the grievance process.

However, the Board found that the allegations regarding the process of combining the bargaining units and collective agreements disclosed a prima facie case and directed the matter to proceed.

Group of Employees v. Service Employees International Union, Local 220 and Grand River Hospital Corporation, 2000 CanLII 2046

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 2, 2000

Applications withdrawn with leave following a memorandum of settlement between the parties.

The parties reached a Memorandum of Settlement on the day the matters were scheduled to be heard.

Having regard to the settlement, the Ontario Labour Relations Board granted leave to withdraw the applications.

Sears Canada Inc. v. Retail Wholesale Canada, Canadian Service Sector Division of the United Steelworkers of America, Local 1000, 2000 CanLII 7618

Robert Leone

7 cases1995–2001

Richard Drmaj

10 cases1995–2003

R. Carlton

2 cases2000–2000

N. L. Jesin

70 cases1987–2001

A.M. Minsky

11 cases1980–2008

Mary Ellen Cummings

Board issues case management directions in scaffolding jurisdictional dispute, granting Carpenters limited intervenor status.

In a series of construction industry grievances concerning scaffolding work, the Ontario Labour Relations Board issued case management directions.

The Board ordered that the newest grievance proceed first, as it offered the best opportunity to litigate based on recent events.

The Board granted the Carpenters union status to participate in the new grievance but denied them participation in the older, bundled grievances.

The Board also limited the scope of documentary production required from the responding employer to ensure an efficient hearing process.

Labourers’ International Union of North America, Local 1089 v. Doug Chalmers Construction Limited, 2000 CanLII 12694

Mary Ellen Cummings

G. Pickell

A. Haward

Application for joint certification dismissed after union failed to win majority in representation vote.

The applicant union applied for certification with respect to three companies, both separately and as related employers under section 1(4) of the Labour Relations Act, 1995.

A representation vote was held.

Not more than fifty percent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

Consequently, the Board dismissed the application for joint certification and imposed a one-year bar on further applications by the applicant.

I.B.E.W. Construction Council of Ontario v. Bison Electric Incorporated, 2000 CanLII 6803

Mary Ellen Cummings