Mary Ellen Cummings

IBEW Local 636 declared bargaining agent following representation vote; other unions' bargaining rights terminated.

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

The parties agreed on the bargaining unit description.

Following a representation vote where the majority favoured 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.

Halimand County Hydro Inc. v. Power Workers’ Union CUPE Local 1000 – C.L.C., 2001 CanLII 10538

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant sought to withdraw their application against Thibodeau Forest Products and the Ministry of Labour.

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

Jaime Vicondoa v. Thibodeau Forest Products and Ministry of Labour, 2001 CanLII 5055

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

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

The Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if neither party requests to proceed.

Labourers’ International Union of North America, Local 527 v. Armbro Construction Limited, 2001 CanLII 4178

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant, Canadian Union of Public Employees and its Local 4175, sought to withdraw its application against Wingham & District Hospital.

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

Canadian Union of Public Employees and its Local 4175 v. Wingham & District Hospital, 2001 CanLII 2688

Mary Ellen Cummings

Employment Standards Act matter 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.

Wendy Ellerbrun v. Dr. George S. Hickson and Ministry of Labour, 2001 CanLII 8928

Mary Ellen Cummings

Employment Standards Act appeal resolved by Minutes of Settlement dividing trust funds equally between employer and employee.

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

The workplace parties entered into Minutes of Settlement.

The Board ordered the funds held in trust by the Director to be disbursed according to the settlement, with $1,497.60 to the employer, $1,497.60 to the employee, and the administration fee retained by the Consolidated Revenue Fund.

The Ministry of Labour was given ten days to request a hearing if necessary, failing which the matter would be deemed terminated.

Ring Fare Inc. v. Moreau, 2001 CanLII 7274

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant requested to withdraw the application.

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

Parvati Patel v. Weston Modular Industries Ltd. and Ministry of Labour, 2001 CanLII 4767

Mary Ellen Cummings

Employment standards appeal resolved by settlement with funds disbursed to employer and employee.

The applicant employer appealed 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 to be disbursed according to the settlement, with $395.20 returned to the employer, $218.40 paid to the employee, and the $100 administration fee retained by the Consolidated Revenue Fund.

The application was deemed terminated subject to any request by the Ministry of Labour to relist the matter.

Dr. Andrew Holmes v. Shawn Laskin and Ministry of Labour, 2001 CanLII 3963

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 7, 2001

Applicant's request for an extension of time to make submissions granted.

The applicant requested an extension of time to make submissions.

The Ontario Labour Relations Board granted the request, extending the deadline to June 4, 2001, and allowing the union or employer to respond by June 18, 2001.

The Board also agreed to telephone the applicant to convey the decision as a courtesy.

Michelle Ann Rondeau v. Ontario Public Service Employees’ Union, 2001 CanLII 6465

Mary Ellen Cummings

Board orders return of $8,998.59 held in trust to employer following settlement of appeal.

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

The workplace parties entered into Minutes of Settlement requiring the Director of Employment Standards to return $8,998.59 held in trust to the employer.

The Board ordered the return of the funds and noted the employer's intention to seek repayment of the administrative fee, directing the employer to Rule 112 of the Board's Rules of Procedure if it wished to pursue that issue.

Sheraton Centre Toronto Hotel v. Walcott, 2001 CanLII 19327

Mary Ellen Cummings

J. G. Knight

G. McMenemy

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

The applicant union applied for certification.

A representation vote was held, and not more than fifty per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application for certification and directed the Registrar to destroy the ballots after 30 days.

International Union of Operating Engineers, Local 793 v. Lomax Management Inc., 2001 CanLII 14213

Mary Ellen Cummings

J. G. Knight

A. Haward

Representation vote ordered in construction industry displacement application for certification.

The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995, seeking to displace the intervenor union as the bargaining agent for a unit of construction workers.

The Board found that the applicant is a trade union and that it appeared to have the requisite 40% membership support in the proposed bargaining unit.

Consequently, the Board directed that a representation vote be taken among the eligible employees.

Labourers’ International Union of America v. Dominion Sheet Metal & Roofing Works, 2001 CanLII 13835

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directed production of work records and particularization of misconduct allegations in certification application.

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

The Board previously ordered a representation vote and sealed the ballot box.

Several issues remained in dispute, including whether the applicant was precluded from bringing the application, the nature of the work performed on the application date, and whether the intervenor had adequately particularized its allegations of misconduct.

The Board directed the responding party to produce payroll and work records to clarify the work performed.

The Board also found that the intervenor's allegations of misconduct did not meet the requirements of Rule 38 of the Board's Rules of Procedure and directed the intervenor to fully particularize its allegations prior to the scheduled hearing.

Labourers’ International Union of North America, Ontario Provincial District Council v. S.S.T Contracting Ltd., 2001 CanLII 5346

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 1, 2001

Board directs representation vote in application to terminate construction industry bargaining rights.

The applicant filed an application to terminate the bargaining rights of the responding party union in the construction industry.

After resolving a procedural issue regarding the Certificate of Delivery, the Board found the application timely under section 63(2) of the Act and that at least forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

The Board directed that a representation vote be taken.

Lino (Carmelino) Domanico v. IBEW Local 353, 2001 CanLII 7150

Mary Ellen Cummings

OLRBOntario Labour Relations BoardApr 30, 2001

Board strikes late unfair labour practice allegation against superintendent but permits particulars of original claims.

In the context of certification applications and an unfair labour practice complaint, the responding employers brought a preliminary motion to strike new allegations of improper conduct filed by the applicant union.

The employers argued the amendments were filed too late under Rule 38 of the Board's Rules of Procedure.

The Board found that some of the new details were merely particulars of original allegations and permitted them.

Post-vote allegations against a specific individual were allowed solely as admissions against interest.

However, a new allegation against the site superintendent was struck because it was not raised promptly and the union offered no reasonable explanation for the delay.

United Brotherhood of Carpenters and Joiners of America v. Grand Shore Realty Corporation, 2001 CanLII 19212

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Representation vote directed for construction industry certification application by non-affiliated trade union.

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

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent of the individuals in the proposed bargaining unit.

As the applicant was not an affiliated bargaining agent, the Board directed a representation vote among all unrepresented employees of the responding party in all sectors of the construction industry in the County of Lambton.

Construction Workers Local 53, CLAC v. Lockhart Electric (Sarnia) Ltd., 2001 CanLII 17911

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directs representation vote in construction industry certification application.

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

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent in the proposed bargaining unit.

Although the responding party disputed the estimated number of employees, it agreed with the bargaining unit description and that the ballots should be counted.

The Board directed that a representation vote be taken.

United Brotherhood of Carpenters and Joiners of America Local 1946 v. Reed Atwood Inc., 2001 CanLII 18325

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directs representation vote in construction industry certification application.

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

The Board found that the applicant is a trade union and that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union at the time the application was made.

As the applicant is not an affiliated bargaining agent, the Board directed that a representation vote be taken among all unrepresented employees at work in the construction industry for the responding party in the County of Lambton.

Construction Workers Local 53 v. Ogilvie Electric Inc., 2001 CanLII 16416

Mary Ellen Cummings

Board directs payout of trust funds per settlement and adjourns administrative fee dispute sine die.

The applicant employer sought a review of an Order to Pay.

The parties reached a settlement where $6,000 of the $10,000 held in trust would be paid to the employee and $4,000 returned to the employer.

The employer indicated a desire to appeal the retention of the administrative fee.

The Board directed the payout of the trust funds according to the settlement and adjourned the matter sine die for up to one year to allow the employer to pursue the administrative fee issue if desired.

Cara Operations Limited v. Sandra Quaresma and Ministry of Labour, 2001 CanLII 13829

Mary Ellen Cummings

Employment and Labour Law

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

The applicant brought a matter before the Ontario Labour Relations Board under the Employment Standards Act.

The parties reached Minutes of Settlement.

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

Roy Daly v. Cambridge Door Ltd. and Ministry of Labour, 2001 CanLII 11207

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

IBEW Local 636 declared bargaining agent following representation vote; other unions' bargaining rights terminated.

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

The parties agreed on the bargaining unit description.

Halimand County Hydro Inc. v. Power Workers’ Union CUPE Local 1000 – C.L.C., 2001 CanLII 10538

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant sought to withdraw their application against Thibodeau Forest Products and the Ministry of Labour.

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

Jaime Vicondoa v. Thibodeau Forest Products and Ministry of Labour, 2001 CanLII 5055

Mary Ellen Cummings

J. G. Knight

G. McMenemy

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

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

The Board consented to the adjournment for a period not exceeding one year, after which the application will be deemed terminated if neither party requests to proceed.

Labourers’ International Union of North America, Local 527 v. Armbro Construction Limited, 2001 CanLII 4178

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant, Canadian Union of Public Employees and its Local 4175, sought to withdraw its application against Wingham & District Hospital.

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

Canadian Union of Public Employees and its Local 4175 v. Wingham & District Hospital, 2001 CanLII 2688

Mary Ellen Cummings

Employment Standards Act matter 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.

Wendy Ellerbrun v. Dr. George S. Hickson and Ministry of Labour, 2001 CanLII 8928

Mary Ellen Cummings

Employment Standards Act appeal resolved by Minutes of Settlement dividing trust funds equally between employer and employee.

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

The workplace parties entered into Minutes of Settlement.

The Ministry of Labour was given ten days to request a hearing if necessary, failing which the matter would be deemed terminated.

Ring Fare Inc. v. Moreau, 2001 CanLII 7274

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant requested to withdraw the application.

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

Parvati Patel v. Weston Modular Industries Ltd. and Ministry of Labour, 2001 CanLII 4767

Mary Ellen Cummings

Employment standards appeal resolved by settlement with funds disbursed to employer and employee.

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

The workplace parties entered into Minutes of Settlement.

The application was deemed terminated subject to any request by the Ministry of Labour to relist the matter.

Dr. Andrew Holmes v. Shawn Laskin and Ministry of Labour, 2001 CanLII 3963

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 7, 2001

Applicant's request for an extension of time to make submissions granted.

The applicant requested an extension of time to make submissions.

The Ontario Labour Relations Board granted the request, extending the deadline to June 4, 2001, and allowing the union or employer to respond by June 18, 2001.

The Board also agreed to telephone the applicant to convey the decision as a courtesy.

Michelle Ann Rondeau v. Ontario Public Service Employees’ Union, 2001 CanLII 6465

Mary Ellen Cummings

Board orders return of $8,998.59 held in trust to employer following settlement of appeal.

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

The workplace parties entered into Minutes of Settlement requiring the Director of Employment Standards to return $8,998.59 held in trust to the employer.

Sheraton Centre Toronto Hotel v. Walcott, 2001 CanLII 19327

Mary Ellen Cummings

J. G. Knight

G. McMenemy

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

The applicant union applied for certification.

A representation vote was held, and not more than fifty per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application for certification and directed the Registrar to destroy the ballots after 30 days.

International Union of Operating Engineers, Local 793 v. Lomax Management Inc., 2001 CanLII 14213

Mary Ellen Cummings

J. G. Knight

A. Haward

Representation vote ordered in construction industry displacement application for certification.

The Board found that the applicant is a trade union and that it appeared to have the requisite 40% membership support in the proposed bargaining unit.

Consequently, the Board directed that a representation vote be taken among the eligible employees.

Labourers’ International Union of America v. Dominion Sheet Metal & Roofing Works, 2001 CanLII 13835

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directed production of work records and particularization of misconduct allegations in certification application.

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

The Board previously ordered a representation vote and sealed the ballot box.

The Board directed the responding party to produce payroll and work records to clarify the work performed.

Labourers’ International Union of North America, Ontario Provincial District Council v. S.S.T Contracting Ltd., 2001 CanLII 5346

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMay 1, 2001

Board directs representation vote in application to terminate construction industry bargaining rights.

The applicant filed an application to terminate the bargaining rights of the responding party union in the construction industry.

The Board directed that a representation vote be taken.

Lino (Carmelino) Domanico v. IBEW Local 353, 2001 CanLII 7150

Mary Ellen Cummings

OLRBOntario Labour Relations BoardApr 30, 2001

Board strikes late unfair labour practice allegation against superintendent but permits particulars of original claims.

The employers argued the amendments were filed too late under Rule 38 of the Board's Rules of Procedure.

The Board found that some of the new details were merely particulars of original allegations and permitted them.

Post-vote allegations against a specific individual were allowed solely as admissions against interest.

However, a new allegation against the site superintendent was struck because it was not raised promptly and the union offered no reasonable explanation for the delay.

United Brotherhood of Carpenters and Joiners of America v. Grand Shore Realty Corporation, 2001 CanLII 19212

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Representation vote directed for construction industry certification application by non-affiliated trade union.

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

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent of the individuals in the proposed bargaining unit.

Construction Workers Local 53, CLAC v. Lockhart Electric (Sarnia) Ltd., 2001 CanLII 17911

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directs representation vote in construction industry certification application.

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

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent in the proposed bargaining unit.

Although the responding party disputed the estimated number of employees, it agreed with the bargaining unit description and that the ballots should be counted.

The Board directed that a representation vote be taken.

United Brotherhood of Carpenters and Joiners of America Local 1946 v. Reed Atwood Inc., 2001 CanLII 18325

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board directs representation vote in construction industry certification application.

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

Construction Workers Local 53 v. Ogilvie Electric Inc., 2001 CanLII 16416

Mary Ellen Cummings

Board directs payout of trust funds per settlement and adjourns administrative fee dispute sine die.

The applicant employer sought a review of an Order to Pay.

The parties reached a settlement where $6,000 of the $10,000 held in trust would be paid to the employee and $4,000 returned to the employer.

The employer indicated a desire to appeal the retention of the administrative fee.

Cara Operations Limited v. Sandra Quaresma and Ministry of Labour, 2001 CanLII 13829

Mary Ellen Cummings