Ontario Labour Relations Board
1520-99-R Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Multi Wall & Ceiling Systems Limited and 714232 Ontario Ltd. o/a Pro Drywall, Responding Parties.
1523-99-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Multi Wall & Ceiling Systems Limited and 714232 Ontario Ltd. o/a Pro Drywall, Responding Parties.
BEFORE: M. A. Nairn, Vice-Chair, and Board Members G.Pickell and G. McMenemy.
DECISION OF THE BOARD; July 27, 2000
Decision
1Board File No. 1520-99-R is an application brought pursuant to sections 69 and 1(4) of the Labour Relations Act, 1995 (the “Act”). Board File No. 1523-99-G is a grievance in the construction industry brought pursuant to section 133 of the Act.
2Prior to the hearing in this matter the parties filed a Memorandum of Agreement resolving all issues in dispute between them. We note that Multi Wall & Ceiling Systems Limited has not responded to these proceedings in any way and that the best information we have is that it has not carried on any activity for some years. Given the nature of the parties’ agreement we are content to accept the remaining parties’ agreement and the notation on the signature line of Multi Wall & Ceilings Systems Limited on the Memorandum as “bankrupt”.
3Having regard to the Memorandum of Agreement filed with the Board we hereby:
(a) declare that Multi Wall & Ceiling Systems Limited and 714232 Ontario Ltd. o/a Pro Drywall Construction are bound to the collective agreements as between the Carpenters’ Employer Bargaining Agency and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America (C.D.C.) effective May 1, 1998 to April 30, 2001 and the Interior Systems Contractors Association of Ontario and Drywall Acoustic Lathing and Insulation Local 675 effective June 23, 1998 to April 30, 2001;
(b) declare that, subject to paragraph (c) hereunder, Multi Wall & Ceiling Systems Limited and 714232 Ontario Ltd. o/a Pro Drywall Construction have agreed to abide by the full terms and conditions of the above-mentioned collective agreements;
(c) declare that the Applicant has agreed that it will waive the application of the above-noted collective agreements by 714232 Ontario Ltd. o/a Pro Drywall Construction until May 30, 2000 and that thereafter, 714232 Ontario Ltd. o/a Pro Drywall Construction agrees to immediately apply and abide by the full terms and conditions of the above-noted collective agreements in respect of the performance of all work coming under the jurisdiction of the above-noted collective agreements. We further declare that from the date of execution of the Memorandum of Agreement until May 30, 2000, and for a further period of one (1) month, thereafter, 714232 Ontario Ltd. o/a Pro Drywall Construction will forthwith provide the Applicant with a full and complete list of all projects on which it is performing work, as and when requested by the Applicant. A full and complete list of all projects on which 714232 Ontario Ltd. o/a Pro Drywall Construction is currently performing work is attached to the Memorandum of Agreement as Schedule “A”;
(d) order 714232 Ontario Ltd. o/a Pro Drywall Construction to notify the Applicant in writing before commencing any work which is not referred to in Schedule “A” prior to May 30, 2000;
(e) declare that Multi Wall & Ceiling Systems Limited and 714232 Ontario Ltd. o/a Pro Drywall Construction and Rupert Jocher are released and forever discharged from any and all actions, causes of action, claims, obligations, liabilities, complaints and demands of any nature or kind which the Applicant may have had, may now have or may come to have in relation to work performed by either Multi Wall & Ceiling Systems Limited or 714232 Ontario Ltd. o/a Pro Drywall Construction prior to May 30, 2000.
4Having regard to all of the above, these proceedings are hereby terminated.
“M. A. Nairn”
for the Board