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Board issues consent declaration resolving grievance regarding the application of schedules under the Provincial Agreement.
The applicant union referred grievances to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, concerning the application of the Operating Engineers' Provincial Agreement to the responding parties' crane and equipment rental businesses.
On the second day of the hearing, the parties reached a settlement.
The Board issued a consent declaration confirming that the Provincial Agreement requires the responding parties to observe Schedule 'A' throughout Ontario, including Lambton County, but acknowledging that an estoppel permits the application of Schedule 'F' in Lambton County until the expiry of the current agreement.
PCL corporate entities declared a single employer and bound by collective agreements to protect bargaining rights.
The applicant trade unions sought declarations under sections 1(4) and 64 of the Labour Relations Act that the various PCL corporate entities constituted a single employer or that a sale of a business had occurred between them.
The Board found that the PCL family of companies operated as a single integrated business enterprise under common control and direction, with centralized management, human resources, and labour relations functions.
The Board also found that corporate reorganizations in 1978 and 1984 constituted sales of a business.
The Board rejected the responding parties' arguments that the unions had abandoned their bargaining rights or unduly delayed in asserting them.
The Board granted the declarations, binding the PCL entities to the applicable provincial collective agreements, effective May 11, 1994, exempting projects contracted prior to that date.
