International Association of Heat and Frost Insulators and Asbestos Workers, Local 95 v. Guaranteed Insulation '77 Limited and Expert Respondents
1130-81-R International Association of Heat and Frost Insulators and Asbestos Workers, Local 95, Applicant, v. Guaranteed Insulation '77 Limited and Expert Respondents, v. Christian Labour Association of Canada, Intervener.
BEFORE: R. D. Howe, Vice-Chairman, and Board Members C. G. Bourne and B. L. Armstrong.
APPEARANCES: M. Zigler and B. Mc Queen for the applicant; William S. Challis for the respondents; John Adema for the intervener.
DECISION OF THE BOARD; October 23, 1981
This is an application under section 63 of the Labour Relations Act in which relief is also requested under section 1(4) of the Act.
The application alleges that a sale of a business by the respondent Guaranteed Insulation '77 Limited ("Guaranteed") to the respondent Expert Insulation Ltd. ("Expert") took place on a date which is unknown to the applicant or, alternatively, that the respondents should be treated as constituting one employer for the purposes of the Act in that, at all material times, they were carrying on associated or related activities or businesses under common control or direction within the meaning of section 1(4) of the Act. As a result, the applicant contends that Expert, or each of the respondents as one employer, is bound by a collective agreement entered into by the applicant and the Master Insulators' Association of Ontario, Incorporated, expressed to be effective from September 10, 1980 to April 30, 1982.
Schedule "B" attached to the application reads as follows:
'12. Other relevant statements, including a statement of events which led to this application:
(a) Guaranteed Insulation '77 Limited is a corporation incorporated on December 6th, 1977 with its head office located at 2843B Kingston Road, Scarborough, Ontario and has carried on the business of an insulation contractor in the Province of Ontario.
(b) Expert Insulation Ltd. is a corporation incorporated on June 20th, 1979 with its head office located at 23 South Marine Drive, Scarborough, Ontario and has carried on the business of an insulation contractor in the Province of Ontario.
(c) The registered directors and officers of Guaranteed Insulation '77 Limited are Thomas G. Kirton and Geraldean Kirton.
(d) The registered director and officer of Expert Insulation Ltd. is
Thomas G. Kirton.
(e) Geraldean Kirton is the wife of Thomas Kirton.
(f) The Applicant and Guaranteed Insulation '77 Limited