Mary Ellen Cummings

Applications withdrawn with leave of the Board following Minutes of Settlement.

The applicant sought to withdraw its applications following the filing of Minutes of Settlement.

The Ontario Labour Relations Board granted leave and the applications were withdrawn.

Warren Bitulithic Limited v. Ministry of Labour, 2000 CanLII 5301

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

The applicant union filed an application against the responding party employer.

On the agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year.

If neither party requests to proceed within that time, the matter will be deemed terminated.

Labourers’ International Union of North America, Local 506 v. Teperman and Sons (Canada) Limited, 2000 CanLII 4546

Mary Ellen Cummings

Appeal of Inspector's decision dismissed as untimely because it was filed beyond the 30-day statutory limit.

The applicant appealed an Inspector's decision not to issue orders under the Occupational Health and Safety Act.

The Inspector's decision was dated March 10, 2000, but the appeal was not received by the Board until April 18, 2000.

The Board dismissed the appeal as untimely because section 61(1) of the Act requires appeals to be made within 30 days, and the Act provides no discretion to relieve against this time limit.

Ontario English Catholic Teachers’ Association, Toronto Secondary Unit v. Toronto Catholic District School Board and Ministry of Labour, 2000 CanLII 3857

Mary Ellen Cummings

G. Pickell

A. Haward

Application withdrawn with leave of the Board at the request of the applicant.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The Ontario Labour Relations Board granted the request and the application was withdrawn with leave of the Board.

Universal Workers Union, L.I.U.N.A. Local 183 v. Nebb Forming Ltd., 2000 CanLII 3011

Mary Ellen Cummings

Application for review of an Order to Pay terminated following Minutes of Settlement.

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

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the funds held in trust by the Director to be disbursed according to the settlement, with $943.59 returned to the employer and the administration fee retained by the Consolidated Revenue Fund.

The matter was deemed terminated.

Supply Chain Management Inc. v. Attila Abri and Ministry of Labour, 2000 CanLII 2628

Mary Ellen Cummings

Application for review terminated due to the applicant's failure to file completed forms.

The applicant filed a partial application for review.

The Board advised the applicant of the deficiencies and provided the proper forms and instructions, warning that failure to provide the completed forms within 20 working days could result in termination of the application.

After more than 20 working days passed without any response from the applicant, the Board terminated the application.

James Thorpe v. Tender Touch Car Wash Ltd. and Ministry of Labour, 2000 CanLII 4523

Mary Ellen Cummings

G. Pickell

A. Haward

Union certification application dismissed after failing to secure more than 50% of representation vote.

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots were cast in favour of the applicant.

No statement of desire to make representations was filed within the time fixed under Rule 62.

The Board dismissed the application and imposed a one-year bar on further applications for certification by the applicant for this bargaining unit.

International Union of Painters and Allied Trades, Glaziers Local 1819 v. Barrie Glass & Mirror Ltd., 2000 CanLII 7623

Mary Ellen Cummings

Consent adjournment sine die granted for a period not exceeding one year.

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

The Ontario Labour Relations Board granted the consent adjournment for a period not exceeding one year, noting that if neither party brings the matter on for hearing within that time, the application will be terminated and the representation vote ballots destroyed.

United Brotherhood of Carpenters and Joiners of America, Local 1946 v. Thames Glass Limited, 2000 CanLII 3243

Mary Ellen Cummings

Late employment standards appeal terminated after applicant provided untruthful explanation for delay.

The applicant appealed an Officer's decision not to issue an Order to Pay outside the 45-day statutory time limit.

The applicant requested an extension of time, claiming the Ministry of Labour delayed in advising him that he had sent his application to the wrong office.

The Board found the applicant's explanation contradicted by documentary evidence and concluded he was not being truthful.

The Board declined to exercise its discretion to extend the time and terminated the application as untimely.

Paredes v. Carravetta Fruit Market, 2000 CanLII 3031

Mary Ellen Cummings

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardApr 20, 2000

Union certification granted following successful representation vote in the construction industry.

The applicant union applied for certification in the construction industry.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board directed that a certificate issue to the applicant for the specified bargaining unit.

Labourers’ International Union of North America, Local 247 v. Canning Contracting Limited, 2000 CanLII 2130

Mary Ellen Cummings

OLRBOntario Labour Relations BoardApr 19, 2000

Adjournment request denied; employer's busy season is not a compelling circumstance absent mutual consent.

The employer requested an adjournment of an employee's appeal hearing because the scheduled date fell at the beginning of its busy season.

The Ministry of Labour did not object, but the employee did.

The Board denied the request, noting that absent consent from all parties, hearings are only adjourned in the most compelling circumstances, which were not present here.

Chris Tessaro v. The Muskoka Store and Ministry of Labour, 2000 CanLII 8282

Mary Ellen Cummings

OLRBOntario Labour Relations BoardApr 18, 2000

Board invites submissions on whether two files should be scheduled for hearing together.

The applicant opposed the determination that two Board files be scheduled for hearing together.

The Ontario Labour Relations Board invited submissions from the other parties before making a decision on the scheduling.

Metcalfe Realty Company Limited v. The Carpenters’ District Council of Ontario, 2000 CanLII 10449

Mary Ellen Cummings

Board orders disbursement of trust monies following settlement of employer's appeal of Order to Pay.

The employer appealed an Order to Pay under the Employment Standards Act.

Prior to the hearing, the parties resolved their differences and entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the Director of the Employment Standards Branch to disburse the monies held in trust to the responding employee.

Therm-O-Disc Canada Ltd. v. Pamela Michie and Ministry of Labour, 2000 CanLII 12815

Mary Ellen Cummings

Hearing adjourned sine die as parties resolved the underlying language dispute for negotiations.

The responding party requested an adjournment of a scheduled hearing because the parties were continuing to negotiate and its representative was unavailable.

The Board noted that the only issue identified in the application was a dispute about the language of negotiations, which the parties had already agreed on how to resolve.

Finding no outstanding matters requiring intervention, the Board adjourned the matter sine die.

I.W.A. Canada, Local 2693 v. Le Centre de Santé Communautaire de Sudbury, 2000 CanLII 7747

Mary Ellen Cummings

OLRBOntario Labour Relations BoardApr 11, 2000

Duty of fair representation complaint dismissed as premature because the underlying grievance was still under consideration.

The applicant filed a duty of fair representation complaint alleging the union failed to forward her grievance regarding an anniversary increase to arbitration.

The union and employer indicated that the union's grievance committee had not yet determined whether to advance the grievance.

The Board dismissed the complaint as premature, noting its consistent practice of not inquiring into such complaints while the underlying grievance is still under discussion in the grievance procedure.

Patty Berry v. Ontario Liquor Boards Employees’ Union, 2000 CanLII 4417

Mary Ellen Cummings

Board issues procedural directions regarding production of documents and particulars for preliminary objections in ESA appeal.

The employer and two employees appealed an Employment Standards Officer's Order to Pay regarding unpaid overtime, public holiday pay, and eating periods.

In this procedural decision, the Ontario Labour Relations Board granted the Ministry of Labour an extension to provide the basis for its wage calculations.

The Board also directed the employer to provide material facts and detailed arguments supporting its preliminary objections regarding jurisdiction, timeliness, and alleged breaches of natural justice.

Canadian Linen and Uniform Service Company Ltd. v. Dale Cowell et al., 2000 CanLII 10612

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant, Association des enseignantes et des enseignants franco-ontariens, sought to withdraw its application against the responding party, Le Conseil scolaire de district du Centre-Sud-Ouest.

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

Association des enseignantes et des enseignants franco-ontariens v. Le Conseil scolaire de district du Centre-Sud-Ouest, 2000 CanLII 9579

Mary Ellen Cummings

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

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 neither party requests to proceed.

Association des enseignantes et des enseignants franco-ontariens v. Le Conseil scolaire de district catholique de l’Est ontarien, 2000 CanLII 9268

Mary Ellen Cummings

J. G. Knight

A. Haward

Board amends previous decision to correct typographical error in scheduled hearing dates.

The Ontario Labour Relations Board issued an amendment to its decision dated March 27, 2000, to correct a typographical error in the scheduled hearing dates.

The dates were amended from October 28 and 24, 2000, to October 23 and 24, 2000.

The Toronto-Dominion Bank v. United Brotherhood of Carpenters and Joiners of America, 2000 CanLII 7882

Mary Ellen Cummings

Employment and Labour Law

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

The applicant, Canadian Union of Public Employees, Local 79, requested to withdraw its application against the City of Toronto.

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

Canadian Union of Public Employees, Local 79 v. City of Toronto, 2000 CanLII 3135

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

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

The applicant sought to withdraw its applications following the filing of Minutes of Settlement.

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

Warren Bitulithic Limited v. Ministry of Labour, 2000 CanLII 5301

Mary Ellen Cummings

G. Pickell

A. Haward

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

The applicant union filed an application against the responding party employer.

On the agreement of the parties, the Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year.

If neither party requests to proceed within that time, the matter will be deemed terminated.

Labourers’ International Union of North America, Local 506 v. Teperman and Sons (Canada) Limited, 2000 CanLII 4546

Mary Ellen Cummings

Appeal of Inspector's decision dismissed as untimely because it was filed beyond the 30-day statutory limit.

The applicant appealed an Inspector's decision not to issue orders under the Occupational Health and Safety Act.

The Inspector's decision was dated March 10, 2000, but the appeal was not received by the Board until April 18, 2000.

The Board dismissed the appeal as untimely because section 61(1) of the Act requires appeals to be made within 30 days, and the Act provides no discretion to relieve against this time limit.

Ontario English Catholic Teachers’ Association, Toronto Secondary Unit v. Toronto Catholic District School Board and Ministry of Labour, 2000 CanLII 3857

Mary Ellen Cummings

G. Pickell

A. Haward

Application withdrawn with leave of the Board at the request of 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.

Universal Workers Union, L.I.U.N.A. Local 183 v. Nebb Forming Ltd., 2000 CanLII 3011

Mary Ellen Cummings

Application for review of an Order to Pay terminated following Minutes of Settlement.

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

The workplace parties entered into Minutes of Settlement.

The matter was deemed terminated.

Supply Chain Management Inc. v. Attila Abri and Ministry of Labour, 2000 CanLII 2628

Mary Ellen Cummings

Application for review terminated due to the applicant's failure to file completed forms.

The applicant filed a partial application for review.

After more than 20 working days passed without any response from the applicant, the Board terminated the application.

James Thorpe v. Tender Touch Car Wash Ltd. and Ministry of Labour, 2000 CanLII 4523

Mary Ellen Cummings

G. Pickell

A. Haward

Union certification application dismissed after failing to secure more than 50% of representation vote.

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots were cast in favour of the applicant.

No statement of desire to make representations was filed within the time fixed under Rule 62.

The Board dismissed the application and imposed a one-year bar on further applications for certification by the applicant for this bargaining unit.

International Union of Painters and Allied Trades, Glaziers Local 1819 v. Barrie Glass & Mirror Ltd., 2000 CanLII 7623

Mary Ellen Cummings

Consent adjournment sine die granted for a period not exceeding one year.

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

United Brotherhood of Carpenters and Joiners of America, Local 1946 v. Thames Glass Limited, 2000 CanLII 3243

Mary Ellen Cummings

Late employment standards appeal terminated after applicant provided untruthful explanation for delay.

The applicant appealed an Officer's decision not to issue an Order to Pay outside the 45-day statutory time limit.

The applicant requested an extension of time, claiming the Ministry of Labour delayed in advising him that he had sent his application to the wrong office.

The Board found the applicant's explanation contradicted by documentary evidence and concluded he was not being truthful.

The Board declined to exercise its discretion to extend the time and terminated the application as untimely.

Paredes v. Carravetta Fruit Market, 2000 CanLII 3031

Mary Ellen Cummings

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardApr 20, 2000

Union certification granted following successful representation vote in the construction industry.

The applicant union applied for certification in the construction industry.

Labourers’ International Union of North America, Local 247 v. Canning Contracting Limited, 2000 CanLII 2130

Mary Ellen Cummings

OLRBOntario Labour Relations BoardApr 19, 2000

Adjournment request denied; employer's busy season is not a compelling circumstance absent mutual consent.

The employer requested an adjournment of an employee's appeal hearing because the scheduled date fell at the beginning of its busy season.

The Ministry of Labour did not object, but the employee did.

The Board denied the request, noting that absent consent from all parties, hearings are only adjourned in the most compelling circumstances, which were not present here.

Chris Tessaro v. The Muskoka Store and Ministry of Labour, 2000 CanLII 8282

Mary Ellen Cummings

OLRBOntario Labour Relations BoardApr 18, 2000

Board invites submissions on whether two files should be scheduled for hearing together.

The applicant opposed the determination that two Board files be scheduled for hearing together.

The Ontario Labour Relations Board invited submissions from the other parties before making a decision on the scheduling.

Metcalfe Realty Company Limited v. The Carpenters’ District Council of Ontario, 2000 CanLII 10449

Mary Ellen Cummings

Board orders disbursement of trust monies following settlement of employer's appeal of Order to Pay.

The employer appealed an Order to Pay under the Employment Standards Act.

Prior to the hearing, the parties resolved their differences and entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the Director of the Employment Standards Branch to disburse the monies held in trust to the responding employee.

Therm-O-Disc Canada Ltd. v. Pamela Michie and Ministry of Labour, 2000 CanLII 12815

Mary Ellen Cummings

Hearing adjourned sine die as parties resolved the underlying language dispute for negotiations.

The responding party requested an adjournment of a scheduled hearing because the parties were continuing to negotiate and its representative was unavailable.

The Board noted that the only issue identified in the application was a dispute about the language of negotiations, which the parties had already agreed on how to resolve.

Finding no outstanding matters requiring intervention, the Board adjourned the matter sine die.

I.W.A. Canada, Local 2693 v. Le Centre de Santé Communautaire de Sudbury, 2000 CanLII 7747

Mary Ellen Cummings

OLRBOntario Labour Relations BoardApr 11, 2000

Duty of fair representation complaint dismissed as premature because the underlying grievance was still under consideration.

The applicant filed a duty of fair representation complaint alleging the union failed to forward her grievance regarding an anniversary increase to arbitration.

The union and employer indicated that the union's grievance committee had not yet determined whether to advance the grievance.

Patty Berry v. Ontario Liquor Boards Employees’ Union, 2000 CanLII 4417

Mary Ellen Cummings

Board issues procedural directions regarding production of documents and particulars for preliminary objections in ESA appeal.

The employer and two employees appealed an Employment Standards Officer's Order to Pay regarding unpaid overtime, public holiday pay, and eating periods.

In this procedural decision, the Ontario Labour Relations Board granted the Ministry of Labour an extension to provide the basis for its wage calculations.

Canadian Linen and Uniform Service Company Ltd. v. Dale Cowell et al., 2000 CanLII 10612

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant, Association des enseignantes et des enseignants franco-ontariens, sought to withdraw its application against the responding party, Le Conseil scolaire de district du Centre-Sud-Ouest.

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

Association des enseignantes et des enseignants franco-ontariens v. Le Conseil scolaire de district du Centre-Sud-Ouest, 2000 CanLII 9579

Mary Ellen Cummings

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

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 neither party requests to proceed.

Association des enseignantes et des enseignants franco-ontariens v. Le Conseil scolaire de district catholique de l’Est ontarien, 2000 CanLII 9268

Mary Ellen Cummings

J. G. Knight

A. Haward

Board amends previous decision to correct typographical error in scheduled hearing dates.

The Ontario Labour Relations Board issued an amendment to its decision dated March 27, 2000, to correct a typographical error in the scheduled hearing dates.

The dates were amended from October 28 and 24, 2000, to October 23 and 24, 2000.

The Toronto-Dominion Bank v. United Brotherhood of Carpenters and Joiners of America, 2000 CanLII 7882

Mary Ellen Cummings