0123-99-G International Association of Heat and Frost Insulators and Asbestos Workers, Local 95, Applicants v. Wrightway Insulation Inc., Omni Insulation Inc., Responding Parties.
0406-99-R International Association of Heat and Frost Insulators and Asbestos Workers, Local 95, Applicants v. Wrightway Insulation Inc., Omni Insulation Inc., Responding Parties.
0649-99-U Omni Insulation Inc. Applicant v. International Association of Heat and Frost Insulators and Asbestos Workers, Local 95, and Joe de Wit, Responding Parties.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; February 15, 2000
Board File No. 0123-99-G is a referral of grievance concerning the interpretation, application, administration or alleged violation of a collective agreement to the Board for final and binding determination. Board File No. 0406-99-R is an application filed under sections 69 and 1(4) of the Labour Relations Act, 1995 (the “Act”). Board File No. 0649-99-U is an application filed under section 96 alleging a violation of sections 74, 75, 76 and 87(2) of the Act.
These matters were heard on February 4, 2000 and by way of a telephone conference on February 10, 2000. Prior to the hearing scheduled for February 11, 2000, the parties entered into the following minutes of settlement:
BEFORE THE ONTARIO LABOUR RELATIONS BOARD
O.L.R.B. File Nos. 0123-99-G and 0406-99-R
BETWEEN:
International Association of Heat and Frost Insulators and Asbestos Workers, Local Union 95
Applicant,
‑ and ‑
Wrightway Insulation Inc. and Omni Insulation Inc.
Responding Parties
O.L.R.B. File No. 0649-99-U
BETWEEN:
Omni Insulation Inc.
Applicant,
‑ and ‑
International Association of Heat and Frost Insulators and Asbestos Workers, Local Union 95 and Joe de Wit
Responding Parties
MINUTES OF SETTLEMENT AND CONSENT ORDER
WHEREAS the hearing in all of these proceedings is scheduled to continue before the Ontario Labour Relations Board on February 11, 2000;
AND WHEREAS the parties have met and have resolved the issues in dispute between them;
THEREFORE, the parties agree as follows and request that the Board issue the declarations contained herein;
Michael Wright acknowledges that he is an officer and director of both Wrightway Insulation Inc. and Omni Insulation Inc. (hereafter the “Responding Parties”) and that these are associated businesses under the same direction and control. Accordingly, the parties agree that the Responding Parties are one employer for purposes of labour relations under ss. 1(4) of the Labour Relations Act, 1995.
The parties request that the Board do the following:
(i) declare that the Responding Parties are one employer under ss. 1(4) of the Labour Relations Act, 1995;
(ii) declare that, as one employer, the Responding Parties are bound to the Agreement between the Master Insulators’ Association of Ontario Inc. and the International Association of Heat and Frost Insulators and Asbestos Workers and the International Association of Heat and Frost Insulators and Asbestos Workers, Local 95, effective June 8, 1998 to April 30, 2001 (Construction and Maintenance).
Provided the Board issues the declarations requested, the Applicant accepts the terms contained herein in full and final settlement of its grievance in OLRB File No. 0123-99-G and withdraws it from any further proceedings by the Board. The Applicant will not pursue any other grievances against the Responding Parties for events prior to the date hereof.
Provided the Board issues the declarations requested, the Responding Parties accept the terms contained in full and final settlement of its complaint in OLRB File No. 0649-99-U and hereby withdraws that complaint from any further proceedings by the Board.
The parties consent to the withdrawals described in paragraphs 3 and 4 with respect to each other’s proceedings.
The Applicant undertakes to file this Minutes of Settlement and Consent Order with the Board and to request that the hearing scheduled for February 11, 2000 be cancelled.
DATED at Toronto, this 10th day of February, 2000
“Joe de Wit” .
For the Applicant
“Michael Wright” .
For the Responding Parties
- Having regard to the minutes of settlement, the Board makes the following determination:
declares that Wrightway Insulation Inc. and Omni Insulation Inc. (the “responding parties”) are one employer under section 1(4) of the Labour Relations Act, 1995;
declares that, as one employer, the responding parties are bound to the Agreement between the Master Insulators’ Association of Ontario Inc. and the International Association of Heat and Frost Insulators and Asbestos Workers and the International Association of Heat and Frost Insulators and Asbestos Workers, Local 95, effective June 8, 1998 to April 30, 2001 (Construction and Maintenance).
- Having regard to the agreement of the parties, Board File Nos. 0123-99-G and 0649-99-U are withdrawn with leave of the Board.
“John Morgan Lewis”
for the Board