Mary Ellen Cummings

OLRBOntario Labour Relations BoardJun 7, 2001

Board orders disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

The applicant director 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 Board ordered the funds held in trust by the Director of Employment Standards to be disbursed in accordance with the settlement, with $1,000 paid to the employee, $1,006.24 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

Nick Adam A Director of Mag Installations & Repairs v. Gaetan Proulx and Ministry of Labour, 2001 CanLII 9976

Mary Ellen Cummings

OLRBOntario Labour Relations BoardJun 6, 2001

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

The parties agreed to adjourn the application sine die.

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

United Food and Commercial Workers International Union v. Metro Taxi Ltd., 2001 CanLII 18748

Board declares sale of business to new corporation and awards union $56,677.32 for hiring hall violations.

The applicant union sought a declaration that Diamond Steel and Collin Erectors Inc. were a single employer or that a sale of business had occurred, along with a grievance referral for hiring hall violations.

The responding parties failed to file responses.

The Board found that the directing mind of Diamond Steel transferred his expertise and business operations to the newly incorporated Collin Erectors Inc. to avoid collective bargaining obligations.

The Board declared that a sale of business had occurred under section 69 of the Labour Relations Act, 1995, binding Collin Erectors Inc. to the collective agreement.

The Board also upheld the grievance, finding that Collin Erectors Inc. employed non-union workers in violation of the agreement, and ordered it to pay $56,677.32 in damages to the applicant.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Donald J. Collins c.o.b. as Diamond Steel, 2001 CanLII 4947

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMay 31, 2001

Board directed a Labour Relations Officer to post notice of the proceeding at the project site.

The applicant union sought a declaration that the responding parties were a single employer or that a sale of business occurred under the Labour Relations Act, 1995, along with allegations of unfair labour practices.

The responding parties did not file a response.

The Board previously noted it could not determine if affected employees had received notice.

After the applicant advised that notice had not been posted and provided the project location, the Board directed a Labour Relations Officer to post notice of the proceeding at the project site to allow affected employees to make submissions.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 71 v. Rideau Plumbing and Heating Ltd., 2001 CanLII 12822

Walter Thornton

In Private Practice47 cases1986–2001

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 28, 2001

Union certification application dismissed after Board includes Shippers in bargaining unit and counts disputed 'No' ballot.

The union applied for certification to represent production and maintenance employees at the employer's facility.

Following a representation vote, the parties disputed whether two Shippers should be included in the bargaining unit and whether one of them exercised managerial duties.

The Board found the Shippers did not exercise managerial authority and shared a community of interest with the production unit, thus their ballots were counted.

The Board also ruled that a disputed ballot with overlapping pencil marks in the 'No' window was valid and not spoiled.

As the union did not receive more than fifty percent of the votes, the application for certification was dismissed.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Nefab Inc., 2001 CanLII 13442

Mary Ellen Cummings

Reconsideration of refusal to order representation vote dismissed due to union's negligible representation in intermingled unit.

The applicant union (OPSEU) requested reconsideration of a Board decision that declined to order a representation vote following the sale of an ambulance service to Hotel Dieu Hospital.

OPSEU argued that the decision was inconsistent with another recent Board decision where a vote was ordered.

The Board dismissed the request, noting that in this case, OPSEU represented only 0.02% of the employees in the intermingled service unit, as its bargaining rights for former Crown operator employees did not transfer under the Crown Employees Collective Bargaining Act.

Ontario Public Service Employees Union v. Hotel Dieu Hospital, 2001 CanLII 4954

Mary Ellen Cummings

Union certified as bargaining agent following successful representation vote and agreement of the parties.

The Ontario Public Service Employees Union applied for certification as the bargaining agent for employees of The Corporation of the Township of Augusta.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, and with the agreement of the parties on all issues, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

Ontario Public Service Employees Union v. The Corporation of the Township of Augusta, 2001 CanLII 12537

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 16, 2001

Duty of fair representation complaint dismissed due to extreme delay and lack of jurisdiction over legal fees.

The applicant filed a duty of fair representation complaint against the union, seeking reimbursement for legal costs incurred in successfully defending a highway traffic charge arising from an incident at a picket line.

The union requested that the application be dismissed without a hearing.

The Board dismissed the application, finding that the 21-month delay in bringing the complaint was unjustified.

Furthermore, the Board held that the union's decision regarding the reimbursement of legal fees for a highway traffic offence does not fall within the scope of the duty of fair representation.

Albert Legault v. AEFO, 2001 CanLII 17634

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 15, 2001

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

The parties agreed to adjourn the matters sine die for a period not exceeding one year.

If no request to proceed is made within that time, the matters will be deemed terminated.

Labourers’ International Union of North America, Ontario Provincial District Council v. Grand Shores Realty Development Corporation, 2001 CanLII 19570

Mary Ellen Cummings

Application adjourned sine die for up to one year at applicant's request.

The applicant requested an adjournment sine die.

The responding party did not appear.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no further action is taken.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. One-Way Drywall Inc., 2001 CanLII 20292

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

Labourers’ International Union of North America, Local 1059 v. Co-Fo Concrete Forming Construction Limited, 2001 CanLII 16140

Mary Ellen Cummings

Board issues consent declarations finding responding entities are successor employers bound by the collective agreement.

The applicant union filed an application under sections 69 and 1(4) of the Labour Relations Act seeking a declaration of a sale of business.

The parties entered into Minutes of Settlement agreeing that several of the responding corporate entities are successor employers to the Sault Ste.

Marie Public Utilities Commission and are bound by the current collective agreement.

The Board issued declarations on consent reflecting the settlement and withdrew the application with respect to PUC Telecom Inc.

Power Workers’ Union Canadian Union of Public Employees, Local 1000 v. Sault Ste. Marie Public Utilities Commission, 2001 CanLII 2381

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board deems unresponding employers to have accepted facts but directs union to confirm employee notice posting.

The applicant union filed an application for a related employer and sale of business declaration, as well as unfair labour practice complaints, against the responding parties.

The responding parties failed to file a response.

Pursuant to Rule 41 of the Board's Rules of Procedure, the Board deemed the responding parties to have accepted all facts stated in the application.

However, the Board could not determine if notice to affected employees had been posted.

The Board directed the applicant to advise the Registrar regarding the posting of notice before proceeding further.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 71 v. Rideau Plumbing and Heating Ltd., 2001 CanLII 12741

Mary Ellen Cummings

Board issues procedural directions for employer's complaint against certified worker member regarding a work stoppage.

The applicant employer filed a letter indicating its intent to file a complaint under section 49(1) of the Occupational Health and Safety Act, alleging that a certified worker member recklessly or in bad faith directed a work stoppage.

The Board issued procedural directions requiring the applicant to provide detailed information and identifying the responding parties, and appointed a Labour Relations Officer to attempt mediation.

Slater Steel Inc. v. Mark Nadeau and Minister of Labour, 2001 CanLII 7704

Mary Ellen Cummings

Production of historical remittance reports denied as they would not assist in establishing area practice.

The Labourers requested an order directing the Carpenters to produce historical remittance reports from competitors to establish area practice regarding the ratio of carpenters to labourers on scaffold crews.

The Board declined the request, finding the reports would not assist as they would not identify whether the carpenters were doing scaffolding or the circumstances of the work.

The Board also adjourned a related grievance referral pending the outcome of a newly filed jurisdictional dispute application, and set dates for a pre-consultation conference and consultation.

Labourers’ International Union of North America, Local 1089 v. Doug Chalmers Construction Limited, 2001 CanLII 4982

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application.

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

Ian Ferguson v. Techsys Communications and Ministry of Labour, 2001 CanLII 7111

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directs posting of notice and deems facts accepted after responding parties failed to respond.

The applicant union applied for a declaration that the responding parties are a single employer or that a sale of business occurred under the Labour Relations Act, 1995.

The responding parties failed to file a response and failed to post the required Notice to Employees at the job site.

The Ontario Labour Relations Board directed a Labour Relations Officer to post the notice at the job site.

Pursuant to Rule 41 of the Board's Rules of Procedure, the Board deemed the responding parties to have accepted all facts stated in the application due to their failure to respond.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Donald J. Collins c.o.b. as Diamond Steel, 2001 CanLII 7039

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application against the responding parties.

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

Lance Berrisford v. York Sales and Ministry of Labour, 2001 CanLII 19568

Mary Ellen Cummings

Employment Standards Act application terminated following parties' Minutes of Settlement.

The applicant filed an application under the Employment Standards Act.

The parties reached Minutes of Settlement.

The Ontario Labour Relations Board terminated the matter in accordance with section 69.1(5) of the Employment Standards Act.

Nefissa Mohammed v. Dessertcraft Food Products and Ministry of Labour, 2001 CanLII 18730

Mary Ellen Cummings

Employment and Labour Law

IBEW Local 636 declared bargaining agent following representation vote under the Public Sector Labour Relations Transition Act.

The applicant employer applied for a determination of bargaining units and bargaining agents following a municipal restructuring under the Public Sector Labour Relations Transition Act, 1997.

The parties agreed on the bargaining unit description.

Following a representation vote where the majority voted in favour of the International Brotherhood of Electrical Workers, Local 636, the Board declared it the bargaining agent and terminated the bargaining rights of the other responding unions.

Haldimand County Hydro Inc. v. Power Workers’ Union CUPE Local 1000 – C.L.C., 2001 CanLII 18456

for 935772 Ontario Limited c.o.b. as "Royal Taxi"

Carl PetersonCounsel
1 appearance

for a number of responding parties

Robert A. StewartCounsel
1 appearance

for Aspen Aluminum

Gary FoersterCounsel
1 appearance
Mike FoersterCounsel
1 appearance
Mark E. GeigerCounsel
1 appearance
Chris EllisCounsel
1 appearance

for Association of Allied Health Professionals: Ontario

Susan UrselCounsel
1 appearance
Bob FrleCounsel
1 appearance
Larna OcampoCounsel
1 appearance

for Bill George Frolick et al

David CowlingCounsel
1 appearance

for Canadian Linen and Uniform Service Company Ltd.

Bob KupchakCounsel
1 appearance
Stephen F. WilsonCounsel
1 appearance
Erin R. KuzzCounsel
1 appearance

for Canadian Union of Public Employees

Dana IvanochkoCounsel
1 appearance
Mohani SwaminathanbCounsel
1 appearance
Any JackmanCounsel
1 appearance
Kim SheppardCounsel
1 appearance

for Canadian Union of Public Employees, Local 2296

Cathy LaceCounsel
1 appearance
Ian ThompsonCounsel
1 appearance

for Carpenters and Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America

Sergio LopesCounsel
1 appearance
David WatsonCounsel
1 appearance

for Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America

Farah BalouCounsel
1 appearance
Steve WolfreysCounsel
1 appearance
Butch BiscoCounsel
1 appearance
David WatsonCounsel
1 appearance

for Carpenters’ and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America

C. CalliganCounsel
1 appearance
Lister TenantCounsel
1 appearance
N. L. JesinCounsel
1 appearance

for City of Toronto

Issic BergerCounsel
1 appearance
Heather CrispCounsel
1 appearance

for College Boréal

George VuiciCounsel
1 appearance
Diane BelandCounsel
1 appearance

for Conseil scolaire de district des écoles catholiques du sud-ouest

François Lee-DaigleCounsel
1 appearance
S. Margot BlightCounsel
1 appearance

for Denise Fitzpatrick

Jeffrey E. Canto-ThalerCounsel
1 appearance

for Family and Children's Services of the District of Thunder Bay

Fred BickfordCounsel
1 appearance

for Fédération des enseignants et enseignantes des écoles secondaires de l’Ontario

Allen GottheilCounsel
1 appearance
Colombe BeauregardCounsel
1 appearance

for Guy Rivest, on his own behalf and on behalf of a group of employees of Les Toitures Raymond 1997 Inc. and/or Les Toitures Raymond et Ass. Inc. and/or Raymond and Associates Roofing Inc.

Bruce SevignyCounsel
1 appearance
Guy RivestSelf-represented
1 appearance

for Hay Management Consultants Limited

Mary EbertsCounsel
1 appearance
Linda TelgarskyCounsel
1 appearance

for herself

Kathy CraneSelf-represented
1 appearance

for himself

Barry EpsteinSelf-represented
1 appearance

for Jack Da Silva

H. P. RolphCounsel
1 appearance

for la Coopérative du Collège Boréal Limitée

Marcel LegerCounsel
1 appearance

for Le Syndicat Canadian de la fonction publique

Denise CarterCounsel
1 appearance
Denise BondyCounsel
1 appearance
John ElderCounsel
1 appearance
Daria IvanochkoCounsel
1 appearance

for Local 2

Ron SmithUnion representative
1 appearance

for Maclean Hunter Canadian Publishing, a division of Maclean Hunter Limited

Charles LeeCounsel
1 appearance
Lee ShouldiceCounsel
1 appearance

for Maclean's Magazine and Canadian Publishing Division of Maclean-Hunter Limited

Lee ShouldiceCounsel
1 appearance
Charles LeeCounsel
1 appearance

for Matrix Construction Ltd.

Tony RobertsAgent
1 appearance

for Metcalfe Realty Company Limited

Michael S. RuddyCounsel
1 appearance
Jan HaubrichCounsel
1 appearance

for Nice-Trim Finish Carpentry Ltd.

Joseph LibermanCounsel
1 appearance

for Ontario Nurses’ Association

Barbara FindlayCounsel
1 appearance
Caroline CohenCounsel
1 appearance
Anne MurrayCounsel
1 appearance
Raymonde BoileauCounsel
1 appearance

for Ontario Public Serivce Employees Union

Tracey MussettCounsel
1 appearance
Richard A. BlairCounsel
1 appearance

for OPSEU

Barb MeilennerUnion representative
1 appearance
Kristin EliotUnion representative
1 appearance
Mario PostareroCounsel
1 appearance
Ed OgibowskiCounsel
1 appearance
Michael YuilleUnion representative
1 appearance
Richard BlairCounsel
1 appearance
Jamie RamageCounsel
1 appearance
Martin SarraUnion representative
1 appearance
Gavin AndersonUnion representative
1 appearance
Pat McGregorUnion representative
1 appearance
Brad ThompsonCounsel
1 appearance

for Peterborough Civic Hospital

Robert HickmanAgent
1 appearance
Philip DayAgent
1 appearance

for Pinevalley Trim & Doors Ltd.

Antonio RodriguesCounsel
1 appearance

for Pinevalley Trim & Doors Ltd. and Wyecroft Lumber and Trim Limited

David ChondonCounsel
1 appearance

for Providence Continuing Care Centre St. Mary’s of the Lake Hospital Site

Sandra CarltonCounsel
1 appearance
Roy FilionCounsel
1 appearance
Jim CorneilCounsel
1 appearance

for responding party employer

Shawn KirwanCounsel
1 appearance
Andrew GreenCounsel
1 appearance

for Richard Appleton and Brian Greene

H. KopytoAgent
1 appearance

for Scarborough Town Centre Holdings Inc.

John BragagnoloCounsel
1 appearance
David C. DanielsCounsel
1 appearance

for Service Employees International Union, Local 204

Karen WalshCounsel
1 appearance
Peggy ReillyCounsel
1 appearance
Kate HughesCounsel
1 appearance

for Sheet Metal Workers’ International Association, Local No. 47

Craig MorrisionCounsel
1 appearance

for Sherwood Trim & Doors Inc.

Edward IrvineCounsel
1 appearance
Joseph MorrisonCounsel
1 appearance

for St. Michael's Hospital

Michael MogaCounsel
1 appearance
Andrew RomanCounsel
1 appearance
Peter ChauvinCounsel
1 appearance

for T. C. Assaly

Andrew ListerCounsel
1 appearance
Linda MosienkoAgent
1 appearance

for the applicant

Michael O’BrienUnion representative
4 appearances
Maurice BroadfootCounsel
1 appearance
John SprackettCounsel
1 appearance
David C. DanielsCounsel
1 appearance
David KelavaCounsel
1 appearance
Luigi CaringiUnion representative
1 appearance
Steve CronkrightUnion representative
1 appearance
Chris AppletonCounsel
1 appearance
W. NicholsUnion representative
1 appearance
Domenic BellanzaAgent
1 appearance
Alison CollierUnion representative
1 appearance
Shelly McMurraySelf-represented
1 appearance
S.B.D. WahlCounsel
1 appearance
T.A. ZakrzewskiCounsel
1 appearance
A.M. MinskyCounsel
1 appearance
Gail PolskeyAgent
1 appearance
Timothy J. BartkiwCounsel
1 appearance
Ron RupkeAgent
1 appearance
Don HogarthCounsel
1 appearance
Nick ColemanCounsel
1 appearance

for the Applicant

Luigi CaringiUnion representative
2 appearances
Mary Elizabeth HartAgent
1 appearance
Self-representedSelf-represented
1 appearance
Tammy FedorukSelf-represented
1 appearance
Georgia SteinhardAgent
1 appearance
Pat DewykAgent
1 appearance
Chris CromptonUnion representative
1 appearance
Walter SquazzinAgent
1 appearance
C.A. GauthierAgent
1 appearance
Joe DaignaultAgent
1 appearance
Gary LopesSelf-represented
1 appearance
James ThorpeSelf-represented
1 appearance
Enir BassaniAgent
1 appearance
John WoonCounsel
1 appearance
Donna SpasicAgent
1 appearance
Ian ReillyAgent
1 appearance
Sandra MajicAgent
1 appearance
Craig MorriceSelf-represented
1 appearance
Donna SpasicCounsel
1 appearance
Ray BrazeauAgent
1 appearance

For the Applicant

Doug TschirhartSelf-represented
1 appearance

for the Applicant Association

Harold PiccininniAgent
1 appearance

for the applicants

Barry WeislederSelf-represented
1 appearance
Mr. LigtenbergAgent
1 appearance
Bernard FishbeinCounsel
1 appearance
Deborah BerlachCounsel
1 appearance

for the Applicants

Jerry JoyCounsel
1 appearance
James NoonanCounsel
1 appearance
Roger FultonCounsel
1 appearance

for the Applicants and the Respondent Stelco

Toni-Anne N. DasentCounsel
1 appearance
Roger FultonCounsel
1 appearance
James B. NoonanCounsel
1 appearance
Jerry JoyCounsel
1 appearance

for the Applicants and the Respondent Stelco Inc.

Roger FultonCounsel
1 appearance
James B. NoonanCounsel
1 appearance
Jerry JoyCounsel
1 appearance
Toni-Anne N. DasentCounsel
1 appearance

for the Applicant Union

Antonio J. PintoUnion representative
1 appearance

for the Association of Allied Health Professionals: Ontario

Laura TrachukAgent
1 appearance
Sheila PhilipsAgent
1 appearance
Lynn KeaysAgent
1 appearance

for the Canadian Union of Public Employees, Local 5167

Mark GallinaCounsel
1 appearance
Gus OliveiraCounsel
1 appearance
Michael StokesCounsel
1 appearance

for the Carpenters

Andy RootCounsel
1 appearance
C. CalliganCounsel
1 appearance
N. L. JesinCounsel
1 appearance

for the CAW Canada

Anthony F. DaleCounsel
1 appearance
Chris OuelletteUnion representative
1 appearance

for the City of Hamilton

Walter ThorntonCounsel
1 appearance
Robert MenaghCounsel
1 appearance

for the City of Waterloo Staff Association and the applicant

Christopher WilsonCounsel
1 appearance

for the corporate and individual responding parties

Tony FontanaSelf-represented
1 appearance
Michael HoranCounsel
1 appearance
Tony Della LiberaSelf-represented
1 appearance

for the Corporation of the City of Peterborough

Paul WearingCounsel
1 appearance
Murray HynesAgent
1 appearance

for the Corporation of the City of Waterloo

Kathy DurstCounsel
1 appearance
Stephen F. GleaveCounsel
1 appearance

for the Corporation of the Township of Michipicoten

Don CheslockAgent
1 appearance
Grant SouthwellAgent
1 appearance
David CamelettiCounsel
1 appearance

for the Crown in Right of Ontario

Stephen PatersonCounsel
1 appearance

for the Employees’ Union Providence Continuing Care Centre, St. Mary’s of the Lake Hospital

Brian HarrisCounsel
1 appearance
Gerry VarricchioCounsel
1 appearance

for the employer

June TremblayAgent
1 appearance
J. MaltbyAgent
1 appearance
K. W KortCounsel
1 appearance
V PanettaCounsel
1 appearance

For the Employer

Helmut SchletzAgent
1 appearance

for the Group of Employees

Leanne ChahleyCounsel
1 appearance
Beth SmithAgent
1 appearance
Sue MedvedAgent
1 appearance
Sandy McManusAgent
1 appearance
Paula ValoisAgent
1 appearance
Caroline TherrienAgent
1 appearance
Lori BowermanAgent
1 appearance
Margaret TraynorAgent
1 appearance

for the Groups of Anonymous Employees

Kamal HaffarAgent
1 appearance
Patricia FitzpatrickAgent
1 appearance

for the Groups of Employees

Mandy WarnerAgent
1 appearance

for the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721

Gary CarolineCounsel
1 appearance
Tony AlmeidaUnion representative
1 appearance

for the intervenor

Mike McCrearyCounsel
1 appearance
Rocco LotitoCounsel
1 appearance
Ron CarltonUnion representative
1 appearance
Mark J. LewisCounsel
1 appearance

for the intervenors

Lynne PhillipsSelf-represented
1 appearance
Bruce HawkinsSelf-represented
1 appearance
Patricia Syms SutherlandSelf-represented
1 appearance
Jim WalshSelf-represented
1 appearance
Doreen RahnSelf-represented
1 appearance
Patricia RutterSelf-represented
1 appearance
Teresa SoulliereSelf-represented
1 appearance
Susan GreatrixSelf-represented
1 appearance
Bob DeymanSelf-represented
1 appearance

for the Labourers’ International Union of North America

Don PentelokeCounsel
1 appearance
Henry PerreiraCounsel
1 appearance
Tony IanuzzziCounsel
1 appearance
John MoszynskiCounsel
1 appearance

for the Ministry

Brian BlumentalCounsel
1 appearance

for the Ministry of Labour

Heidi Ann Lazar-MeynCounsel
3 appearances
Judie ImCounsel
2 appearances
Bridget LynettCounsel
1 appearance
Richard HousenCounsel
1 appearance
Frank CamilleriCounsel
1 appearance
Robert SindingCounsel
1 appearance
Karen NortheyCounsel
1 appearance
Murray KleinCounsel
1 appearance
Brian FukuzawaCounsel
1 appearance
Karima ChaturCounsel
1 appearance
Bruce ArnottCounsel
1 appearance
Laurie EisenbergCounsel
1 appearance
Rick KulyskiCounsel
1 appearance
Stephen MasonCounsel
1 appearance

for the Ontario Nurses' Association

Maureen O'HalloranCounsel
1 appearance
Laura TrachukCounsel
1 appearance
Cindy WilkeyCounsel
1 appearance

for the OSSTF

Joan FarrellCounsel
1 appearance
Jim ForsterCounsel
1 appearance
Paul RookCounsel
1 appearance
Maurice A. GreenCounsel
1 appearance

for the Professional Fire Fighters Association

Judy HarrisUnion representative
1 appearance
Paul BrownUnion representative
1 appearance
Senka DukovichCounsel
1 appearance

for The Residential Low Rise Forming Contractors’ Association of Metropolitan Toronto and Vicinity

Carl PetersonCounsel
1 appearance

for the Respondent

John ReidAgent
1 appearance
Ron SuddsAgent
1 appearance
Bob DubniakAgent
1 appearance
Bruce DavidsonAgent
1 appearance
Victoria ReaumeCounsel
1 appearance
Darlene PurkessAgent
1 appearance
Mr. DeluzioCounsel
1 appearance
Ken DuffAgent
1 appearance
Clifford WilsonAgent
1 appearance
Leanne ChahleyCounsel
1 appearance
Carole E. HoglundAgent
1 appearance
Steven CarsonAgent
1 appearance
Kees KortCounsel
1 appearance

for the Respondent employees

Ms. ShoreCounsel
1 appearance

for the Respondent MacDonald

Senka DukovichCounsel
2 appearances
Minh Ngoc Thi PhamCounsel
1 appearance

for the Respondents

Bev RosserCounsel
1 appearance
Kadi NabeSelf-represented
1 appearance
Colleen MontgomeryCounsel
1 appearance
Linda HickeyAgent
1 appearance
Doreen LurieSelf-represented
1 appearance
Wendy LobekSelf-represented
1 appearance
Lora MonacoSelf-represented
1 appearance
Mandy WarnerSelf-represented
1 appearance

for the responding employee

Neil BalbossaAgent
1 appearance
Richard VaughanAgent
1 appearance
Robert VaughanSelf-represented
1 appearance

for the responding employer

Gordon SlemkoCounsel
1 appearance

for the responding parties

Harold F. CaleyCounsel
1 appearance
Charles CalliganCounsel
1 appearance

For the Responding Parties

James SaundersUnion representative
1 appearance

for the responding party

Doug ChalmersAgent
2 appearances
Harold CaleyCounsel
2 appearances
Richard DrmajCounsel
2 appearances
Nancy EberCounsel
1 appearance
Margaret Penasse-MayerAgent
1 appearance
Bruno SilanoCounsel
1 appearance
Stephen BordoAgent
1 appearance
Mark A. StoneCounsel
1 appearance
Brent ForemanAgent
1 appearance
D. NapoliCounsel
1 appearance
John MoszynskiCounsel
1 appearance
Jorge ValaUnion representative
1 appearance
Larry PerksAgent
1 appearance
Kendal J. McKinneyCounsel
1 appearance
Tom HudsonAgent
1 appearance
Richard LewkoCounsel
1 appearance
Michael WarrenCounsel
1 appearance
Derek LueCounsel
1 appearance
B. RudichukCounsel
1 appearance
Michael HoranCounsel
1 appearance

for the Responding party

Anna SchaibleSelf-represented
1 appearance

for the Responding Party

Shawn Les StrangeAgent
1 appearance
N. B. McCannAgent
1 appearance
Murray ScholtenSelf-represented
1 appearance
Barry BaileySelf-represented
1 appearance
Antonio CastroAgent
1 appearance
Nick DomenichielloAgent
1 appearance

for the Southern Ontario Newspaper Guild

Lorne SlotnickCounsel
2 appearances
Luiza MonteiroCounsel
2 appearances
Kathleen MartinCounsel
2 appearances

for the TDSB

Lynda GrovesCounsel
1 appearance
Brenda BowlbyCounsel
1 appearance

for the United Brotherhood of Carpenters and Joiners of America

Walter TracognaUnion representative
1 appearance
David WatsonCounsel
1 appearance

for the United Brotherhood of Carpenters and Joiners of America, Local 1256

N.L JesinCounsel
1 appearance
R. CarltonCounsel
1 appearance

for the Universal Workers Union, LIUNA Local 183

Tony PintoCounsel
1 appearance
Marcia KredentserCounsel
1 appearance

for the Universal Workers Union, L.I.U.N.A., Local 183 and the International Union of Operating Engineers, Local 793

A. MinskyCounsel
1 appearance
M. LewisCounsel
1 appearance
Rocco LotitoUnion representative
1 appearance

for Thomas Fuller Construction Co. (1958) Ltd.

Bill FullerCounsel
1 appearance

for Thomas G. Fuller & Sons Limited

Simon FullerCounsel
1 appearance

for Toronto Parking Authority

Barry MartinCounsel
1 appearance
William LeMayCounsel
1 appearance

for Windsor Casino Limited

Ken DiFedericoCounsel
1 appearance
Carolyn KayCounsel
1 appearance

for Wyecroft Lumber and Trim Limited

Philomena BlakeCounsel
1 appearance

on her own behalf

Cheryll TuckerSelf-represented
1 appearance
Evelyn McKinleySelf-represented
1 appearance
Judy MacintoshSelf-represented
1 appearance

on his own behalf

Lincoln RambaranSelf-represented
1 appearance
Brian MacDonaldSelf-represented
1 appearance
Nelson DaSilvaSelf-represented
1 appearance
J. Stephen WilsonSelf-represented
1 appearance

on their own behalf

Natasha Rosemary ReidSelf-represented
1 appearance
Rosa XavierSelf-represented
1 appearance

representing herself

Arline DeaconSelf-represented
1 appearance

482

Decisions

Years active

Tribunals

2.2

cases/mo

OLRB410(85%)

OPEHT72(15%)

Decision types

motion

308

appeal

113

trial

/Adjudicator

Mary Ellen Cummings — Vice-Chair

Indigenous Legal Issues

Mary Ellen Cummings

Vice-Chair·Ontario Pay Equity Hearings Tribunal·Since 1991

OPEHT OLRB

482

cases · 19 yrs · OLRB, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

Alternate Chair· 250Alternate Chair· 87Chair· 51Alternate Chair· 38Vice-Chair· 12Vice-Chair· 9Vice-Chair· 9Adjudicator/Referee· 8

Mary Ellen Cummings

OLRBOntario Labour Relations BoardJun 7, 2001

Board orders disbursement of funds held in trust in accordance with parties' Minutes of Settlement.

The applicant director 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.

Nick Adam A Director of Mag Installations & Repairs v. Gaetan Proulx and Ministry of Labour, 2001 CanLII 9976

Mary Ellen Cummings

OLRBOntario Labour Relations BoardJun 6, 2001

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

The parties agreed to adjourn the application sine die.

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

United Food and Commercial Workers International Union v. Metro Taxi Ltd., 2001 CanLII 18748

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardJun 6, 2001

Board declares sale of business to new corporation and awards union $56,677.32 for hiring hall violations.

The responding parties failed to file responses.

The Board found that the directing mind of Diamond Steel transferred his expertise and business operations to the newly incorporated Collin Erectors Inc. to avoid collective bargaining obligations.

The Board declared that a sale of business had occurred under section 69 of the Labour Relations Act, 1995, binding Collin Erectors Inc. to the collective agreement.

The Board also upheld the grievance, finding that Collin Erectors Inc. employed non-union workers in violation of the agreement, and ordered it to pay $56,677.32 in damages to the applicant.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Donald J. Collins c.o.b. as Diamond Steel, 2001 CanLII 4947

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMay 31, 2001

Board directed a Labour Relations Officer to post notice of the proceeding at the project site.

The responding parties did not file a response.

The Board previously noted it could not determine if affected employees had received notice.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 71 v. Rideau Plumbing and Heating Ltd., 2001 CanLII 12822

Walter Thornton

In Private Practice47 cases1986–2001

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 28, 2001

Union certification application dismissed after Board includes Shippers in bargaining unit and counts disputed 'No' ballot.

The union applied for certification to represent production and maintenance employees at the employer's facility.

Following a representation vote, the parties disputed whether two Shippers should be included in the bargaining unit and whether one of them exercised managerial duties.

The Board found the Shippers did not exercise managerial authority and shared a community of interest with the production unit, thus their ballots were counted.

The Board also ruled that a disputed ballot with overlapping pencil marks in the 'No' window was valid and not spoiled.

As the union did not receive more than fifty percent of the votes, the application for certification was dismissed.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Nefab Inc., 2001 CanLII 13442

Mary Ellen Cummings

Reconsideration of refusal to order representation vote dismissed due to union's negligible representation in intermingled unit.

The applicant union (OPSEU) requested reconsideration of a Board decision that declined to order a representation vote following the sale of an ambulance service to Hotel Dieu Hospital.

OPSEU argued that the decision was inconsistent with another recent Board decision where a vote was ordered.

Ontario Public Service Employees Union v. Hotel Dieu Hospital, 2001 CanLII 4954

Mary Ellen Cummings

Union certified as bargaining agent following successful representation vote and agreement of the parties.

The Ontario Public Service Employees Union applied for certification as the bargaining agent for employees of The Corporation of the Township of Augusta.

Ontario Public Service Employees Union v. The Corporation of the Township of Augusta, 2001 CanLII 12537

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 16, 2001

Duty of fair representation complaint dismissed due to extreme delay and lack of jurisdiction over legal fees.

The union requested that the application be dismissed without a hearing.

The Board dismissed the application, finding that the 21-month delay in bringing the complaint was unjustified.

Furthermore, the Board held that the union's decision regarding the reimbursement of legal fees for a highway traffic offence does not fall within the scope of the duty of fair representation.

Albert Legault v. AEFO, 2001 CanLII 17634

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 15, 2001

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

The parties agreed to adjourn the matters sine die for a period not exceeding one year.

If no request to proceed is made within that time, the matters will be deemed terminated.

Labourers’ International Union of North America, Ontario Provincial District Council v. Grand Shores Realty Development Corporation, 2001 CanLII 19570

Mary Ellen Cummings

Application adjourned sine die for up to one year at applicant's request.

The applicant requested an adjournment sine die.

The responding party did not appear.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no further action is taken.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. One-Way Drywall Inc., 2001 CanLII 20292

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

Labourers’ International Union of North America, Local 1059 v. Co-Fo Concrete Forming Construction Limited, 2001 CanLII 16140

Mary Ellen Cummings

Board issues consent declarations finding responding entities are successor employers bound by the collective agreement.

The applicant union filed an application under sections 69 and 1(4) of the Labour Relations Act seeking a declaration of a sale of business.

The parties entered into Minutes of Settlement agreeing that several of the responding corporate entities are successor employers to the Sault Ste.

Marie Public Utilities Commission and are bound by the current collective agreement.

The Board issued declarations on consent reflecting the settlement and withdrew the application with respect to PUC Telecom Inc.

Power Workers’ Union Canadian Union of Public Employees, Local 1000 v. Sault Ste. Marie Public Utilities Commission, 2001 CanLII 2381

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board deems unresponding employers to have accepted facts but directs union to confirm employee notice posting.

The applicant union filed an application for a related employer and sale of business declaration, as well as unfair labour practice complaints, against the responding parties.

The responding parties failed to file a response.

Pursuant to Rule 41 of the Board's Rules of Procedure, the Board deemed the responding parties to have accepted all facts stated in the application.

However, the Board could not determine if notice to affected employees had been posted.

The Board directed the applicant to advise the Registrar regarding the posting of notice before proceeding further.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 71 v. Rideau Plumbing and Heating Ltd., 2001 CanLII 12741

Mary Ellen Cummings

Board issues procedural directions for employer's complaint against certified worker member regarding a work stoppage.

The Board issued procedural directions requiring the applicant to provide detailed information and identifying the responding parties, and appointed a Labour Relations Officer to attempt mediation.

Slater Steel Inc. v. Mark Nadeau and Minister of Labour, 2001 CanLII 7704

Mary Ellen Cummings

Production of historical remittance reports denied as they would not assist in establishing area practice.

The Board declined the request, finding the reports would not assist as they would not identify whether the carpenters were doing scaffolding or the circumstances of the work.

The Board also adjourned a related grievance referral pending the outcome of a newly filed jurisdictional dispute application, and set dates for a pre-consultation conference and consultation.

Labourers’ International Union of North America, Local 1089 v. Doug Chalmers Construction Limited, 2001 CanLII 4982

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application.

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

Ian Ferguson v. Techsys Communications and Ministry of Labour, 2001 CanLII 7111

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directs posting of notice and deems facts accepted after responding parties failed to respond.

The applicant union applied for a declaration that the responding parties are a single employer or that a sale of business occurred under the Labour Relations Act, 1995.

The responding parties failed to file a response and failed to post the required Notice to Employees at the job site.

The Ontario Labour Relations Board directed a Labour Relations Officer to post the notice at the job site.

Pursuant to Rule 41 of the Board's Rules of Procedure, the Board deemed the responding parties to have accepted all facts stated in the application due to their failure to respond.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736 v. Donald J. Collins c.o.b. as Diamond Steel, 2001 CanLII 7039

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application against the responding parties.

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

Lance Berrisford v. York Sales and Ministry of Labour, 2001 CanLII 19568

Mary Ellen Cummings

Employment Standards Act application terminated following parties' Minutes of Settlement.

The applicant filed an application under the Employment Standards Act.

The parties reached Minutes of Settlement.

The Ontario Labour Relations Board terminated the matter in accordance with section 69.1(5) of the Employment Standards Act.

Nefissa Mohammed v. Dessertcraft Food Products and Ministry of Labour, 2001 CanLII 18730

Mary Ellen Cummings