2736‑98‑R Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 71, Applicant v. Megatech Contracting Ltd., Megatech Electrical Ltd., Megatech Contracting (International) Inc., Windanson Holdings Ltd., Brydon Mechanical Ltd. and R.G. Lamarche & Associates Ltd., Responding Parties.
2771‑98‑G Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 71, Applicant v. Megatech Contracting Ltd., Megatech Electrical Ltd., Megatech Contracting (International) Inc., Windanson Holdings Ltd., Brydon Mechanical Ltd. and R.G. Lamarche & Associates Ltd., Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; June 26, 2000
The style of cause is hereby amended to reflect the correct name of the responding parties as: “Megatech Contracting Ltd., Megatech Electrical Ltd., Megatech Contracting (International) Inc.”
Board File 2736-99-R is an application filed under section 69 and subsection 1(4) of the Labour Relations Act, 1995 (the “Act”). Board File No.
2771-99-G is an application filed under section 133 of the Act. During the course of hearing these matters the parties were able to settle these matters in dispute between them. Those settlements were reduced to writing and read as follows:
BETWEEN:
ONTARIO PIPE TRADES COUNCIL OF THE UNITED ASSOCIATION OF JOURNEMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA (“the OPTC”) ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATED BARGAINING AGENTS and THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA, LOCAL 71 (“U.A., Local 71”) (“the Union”)
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MEGATECH CONTRACTING LTD., MEGATECH ELECTRICAL LTD., MEGATECH CONTRACTING (INTERNATIONAL) INC., BRYDON MECHANICAL LTD., WINDANSON HOLDINGS LTD., AND R.G. LAMARCHE & ASSOCIATES LTD. (“the Employers”)
MEMORANDUM OF AGREEMENT AND CONSENT ORDER, OLRB FILE NO.’S 2771-98-G AND 2736-98-R
WHEREAS the OPTC and U.A., Local 71 caused a grievance to be filed on or about October 27, 1998 alleging that the above referenced Employers were bound to, and had breached, the Collective Agreement between the Mechanical Contractors Association of Ontario and the Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada effective until April 30, 2001 and any renewal or successor thereto (“the Provincial Collective Agreement”);
AND WHEREAS the OPTC and UA 71 referred that grievance to the Ontario Labour Relations Board in OLRB File No. 2771-98-G;
AND WHEREAS the OPTC and UA 71 filed an Application under s. 69 and 1(4) of the Labour Relations Act, 1995 in OLRB File No. 2736-98-R alleging a sale of a business from Megatech Contracting Ltd. to the other Employers and/or that the Employers were engaged in associated and related activities under common control and direction and should be declared to be a single employer for the purposes of the Labour Relations Act, 1995;
AND WHEREAS Christian Labour Association of Canada Local 52 was provided with notice of the Applications in OLRB File No. 2771-98-G and 2736-98-R, did not respond or intervene in those Applications and did not otherwise participate in the proceeding;
AND WHEREAS the Application under OLRB File No. 736-98-R proceeded to hearing before the Ontario Labour Relations Board on August 26, 1999, November 5, 1999 and December 15, 1999;
AND WHEREAS the parties now wish to resolve all outstanding issues between them;
THE PARTIES NOW AGREE AS FOLLOWS:
The parties agree that, having regard to the oral and documentary evidence before the Board, there was a sale of a part of a business, including but not limited to goodwill, within the meaning of Section 69 of the Labour Relations Act, 1995 from Megatech Contracting Ltd. to Megatech Contracting (International) Inc. and Megatech Electrical Ltd. and the parties request that the Board so find and declare.
The parties agree that, pursuant to the provisions of the Labour Relations Act, 1995, Megatech Contracting (International) Inc. and Megatech Electrical Ltd. are bound to the Collective Agreement between the Mechanical Contractors Association of Ontario and the Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada effective until April 30, 2001 and any renewal or successor thereto (“the Provincial Collective Agreement”), and the parties request that the Board so declare.
The parties agree to adjourn the Application in OLRB File No. 2736-98-R sine die in respect of R.G. Lamarche & Associates Ltd.
The Union agrees to withdraw the Application in OLRB File No. 2736-98-R as against Brydon Mechanical Ltd. and Windanson Holdings Ltd.
The Union hereby seeks leave of the Board to withdraw the Application in OLRB File No. 2771-98-G and the subject grievance therein.
SIGNED AND DATED AT TORONTO, THIS 2ND DAY OF MAY, 2000
(“Phillip G Harris”) (“Danielle Harris”)
Megatech Contracting Ltd. Megatech Contracting
(International) Inc.
(“Phillip J.C. Harris”) (“Phillip J.C. Harris”)
Brydon Mechanical Ltd. Windanson Holdings Ltd.
(“R. G. Lamarche”) (“Brian Christie”)
R. G. Lamarche & Ontario Pipe Trade Council
Associates Ltd.
(“R. Latreille”) (“Phillip G. Harris”)
U.A., Local 71 Megatech Electrical Ltd.
BETWEEN:
ONTARIO PIPE TRADES COUNCIL OF THE UNITED ASSOCIATION OF JOURNEMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA (“the OPTC”) ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATED BARGAINING AGENTS and THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA, LOCAL 71 (“U.A., Local 71”) (“the Union”)
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MEGATECH CONTRACTING LTD., and MEGATECH CONTRACTING (INTERNATIONAL) INC. (“the Employers”)
MEMORANDUM OF AGREEMENT AND CONSENT ORDER, OLRB FILE NO. 2736-98-R
WHEREAS the parties hereto entered into a Memorandum of Agreement and Consent Order dated May 2, 2000 wherein, inter alia, it was agreed that there had been a sale of a business within the meaning of the Labour Relations Act from Megatech Contracting Ltd. to Megatech Contracting (International) Inc. and Megatech Electrical Ltd., the parties hereto further agree that:
The aforementioned sale from Megatech Contracting Ltd. to Megatech Contracting (International) Inc. occurred on or before August 4, 1998. The parties so agree and request that the Board so find and declare in the Consent Order which the parties have requested to be issued pursuant to the Memorandum of Agreement and Consent Order dated May 2, 2000.
This Memorandum of Agreement and Consent Order can be executed in one or more parts including by photocopy and facsimile transmission and is equally valid and binding upon the parties as if originally executed.
Signed and Dated at Stittsville, this 12th day of May, 2000
(“Phillip G Harris”) (“Danielle Harris”)
Megatech Contracting Ltd. Megatech Contracting
(International) Inc.
Signed and Dated at , this day of May, 2000
(“Brian Christie”) (“R. Latreille”)
Ontario Pipe Trades Council U. A., Local 71
BRIAN CHRISTIE
Signed (May 23, 2000)
- Having regard to the Memorandums of Agreement and Consent Orders, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.
“Inge M. Stamp”
for the Board