Carpenters and Allied Workers, Local 27 v. Mannix Construction Corp., 2000 CanLII 10524

Ontario Labour Relations Board

File Nos.: 3293-98-R, 3425-99-G, 3426-99-R

Between:

Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Mannix Construction Corp., Responding Party v. Labourers’ International Union of North America, Local 183, Intervenor.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Mannix Construction Corp., Responding Party.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Mannix Construction Corp., G. M. Gest Ltd., Responding Parties v. Universal Workers Union, L.I.U.N.A. Local 183, Intervenor.

Before: Inge M. Stamp, Vice-Chair.

Decision of the Board: October 20, 2000

Decision

1These files consist of an application for certification, an application seeking a related employer declaration, and a grievance filed pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”). These matter were scheduled to come on for hearing before the Board on October 20, 2000; however, prior to the scheduled hearing the parties were able to settle the matters in dispute between them. That settlement was reduced to writing and reads as follows:

Board File Nos. 3293-98-R 3425-99-G 3426-99-R

MINUTES OF SETTLEMENT

BETWEEN:

CARPENTERS AND ALLIED WORKERS, LOCAL 27 UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA Applicant

• and -

MANNIX CONSTRUCTION CORP. AND G.M. GEST LTD. Responding Party

• and -

LABOURERS’ INTERNATINAL UNION OF NORTH AMERICA, LOCAL 183 Intervenor

WHEREAS the Applicant, Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America (“the applicant”), filed an Application under Section 69 and/or Subsection 1(4) of the Labour Relations Act, 1995 (the “Act”) against the Responding Parties which forms the basis of Ontario Labour Relations Board File No. 3426-99-R;

AND WHEREAS the applicant filed a certification application against Mannix Construction Corp. which forms the basis of Ontario Labour Relations Board File No. 3293-98-R;

AND WHEREAS the applicant filed a Section 133 Referral against Mannix Construction Corp. which forms the basis of Ontario Labour Relations Board File No. 3425-99-G;

AND WHEREAS G.M. Gest Ltd. is bound to the Collective Agreement between The Carpenters’ Employer Bargaining Agency and Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America of Ontario effective May 1, 1998 to April 30, 2001 (“Carpenters’ Provincial Collective Agreement”);

AND WHEREAS Mannix Construction Corp. is a successor company to G.M. Gest Ltd. within the meaning of s.69 of the Act;

AND WHEREAS the Applicant and Responding party and Intervenor wish to resolve all outstanding matters.

NOW THEREFORE the Parties agree as follows and request that the Ontario Labour Relations Board issue the following declarations and orders:

1. A declaration in Ontario Labour Relations Board File No. 3426-99-R that Mannix Construction Corp. is bound to the Carpenters’ Provincial Collective Agreement.

2. A declaration in Ontario Labour Relations Board File No. 3426-99-R that Mannix Construction Corp. does not have any employees on today’s date and has undertaken to call the Union hiring hall should it need carpenters or carpenters’ apprentices to perform work covered by the Carpenters’ Provincial Collective Agreement in the future

3. An order in Ontario Labour Relations Board File No. 3425-99-G that Mannix Construction Corp. pay $3,000.00 to the applicant forthwith.

4. An order in Ontario Labour Relations Board File No. 3293-98-R that the application for certification is hereby dismissed.

DATED at Toronto, this 19th day of October, 2000.

(“Illegible Signature”) For the Applicant, Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America

(“Illegible Signature”) For the Responding Party Mannix Construction Corp.

(“No Signature”) For the Intervenor, Labourers’ International Union of North America Local 183

2The Board notes the “Carpenters’ Provincial Collective Agreement” referred to above is the Carpenters’ Provincial Agreement covering work in the ICI sector of the construction industry.

3Having regard to the Minutes of Settlement, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.

4Having regard to the above the application in Board File No. 3293-99-R is hereby dismissed.

“Inge M. Stamp” for the Board