[1987] OLRB Rep. February 209
1374-86-R Toronto-Central Ontario Building and Construction Trades Council and The International Union of Bricklayers and Allied Craftsmen, Local 2, Applicants, v. Elmont Construction Limited, Bruce N. Huntley Contracting Limited and 482575 Ontario Limited, Respondents
BEFORE: Harry Freedman, Vice-Chairman, and Board Members J. Wilson and R. R. Montague.
DECISION OF THE BOARD; February 10, 1987
1The Board, by decision dated December 18, 1986, set out the Minutes of Settlement entered into by the parties in the decision and terminated the proceedings.
2Counsel for the applicant has applied to the Board for reconsideration and has requested the Board to vary paragraph 2 of the decision "... by issuing the Minutes of Settlement as a decision of the Board as requested by the parties in paragraph 6 of the said Minutes rather than by terminating the application." Counsel also advised the Board that the signatory on behalf of the Toronto-Central Ontario Building Trades and Construction Council was Mr. Tony Michael, the business manager of the Council.
3Paragraph 6 of the Minutes of Settlement stated:
"The parties request that these Minutes of Settlement be issued as a decision of the Board in settlement of this matter."
The Minutes of Settlement did not request that the Board make any orders or declarations. Indeed, paragraph 3 of the Minutes of Settlement contemplates that the respondents are deemed to be associated or related businesses under section 1(4) of the Act and are to be bound by a collective agreement only if one of the respondents engages in the construction industry in the future. The Board interpreted paragraph 6 of the Minutes of Settlement as simply requesting the Board to copy out the terms of the Minutes of Settlement in decision. We did not understand the parties to be asking the Board to make any orders or declarations.
4If the parties to Minutes of Settlement or other agreements settling matters before the Board wish to have the Board make orders or declarations, they must, at the very least, indicate the orders or declarations to which they have agreed. Additionally, the Minutes of Settlement or other agreement must stipulate the existence of the factual elements that give the Board the jurisdiction to make the declarations or orders requested. If the parties cannot set out with some degree of specificity the orders or declarations that they wish the Board to make, the Board is not prepared to speculate about the orders or declarations that the parties have agreed the Board should issue. This is particularly so in this case where there appears to be a conditional agreement to a declaration and an undertaking to pay money. There was no reference to any agreed facts from which the Board could find the jurisdiction, other than the fact of an agreement, to make any orders or declarations.
5In our view, the Board's decision of December 18, 1986 reflects the agreement of the parties, as set out in the Minutes of Settlement.
6We do vary the Board's decision by hereby stating that Tony Michael executed the Minutes of Settlement on behalf of the Toronto-Central Ontario Building and Construction Trades Council.
7The request for reconsideration is hereby dismissed except for the variation described in paragraph 6 above.