International Brotherhood of Electrical Workers, Local 353 v. Neil Skelding c.o.b. as Provincial Power and Electrical Services, 2000 CanLII 12173

The International Brotherhood of Electrical Workers, Local 353 v. Neil Skelding c.o.b. as Provincial Power and Electrical Services

3876-99-R The International Brotherhood of Electrical Workers, Local 353, Applicant v. Neil Skelding c.o.b. as Provincial Power and Electrical Services, and/or Provincial Power and Electrical Services and/or Langstaff Electric Company Inc., Responding Parties.

3940-99-U International Brotherhood of Electrical Workers, Local 353, Applicant v. Neil Skelding c.o.b. as Provincial Power and Electrical Services, and/or Provincial Power and Electrical Services and/or Langstaff Electric Company Inc., Responding Parties.

3947-99-R International Brotherhood of Electrical Workers, Local 353, Applicant v. Langstaff Electric Company Inc. and Neil Skelding c.o.b. as Provincial Power & Electrical Services and/or Provincial Power & Electrical Services, Responding Parties.

BEFORE: David A. McKee, Vice-Chair.

DECISION OF THE BOARD; August 31, 2000

Decision

1. These are three applications made pursuant to the Labour Relations Act, 1995, S. O. 1995 ch. 1 ("the Act") . Board File No. 3876-99-R is an application for certification made pursuant to the construction industry provisions of the Act. Board File No. 3940-99-U is a complaint under section 96 of the Act. Board File No. 3947-99-R is an application for a declaration, pursuant to subsection 1(4) of the Act, that all of the responding parties in the application are one employer for the purposes of the Act. Prior to the commencement of the hearing into these matters, the parties entered into Minutes of Settlement which provide as follows:

3876-99-R

3940-99-U

3947-99-R

The International Brotherhood of Electrical Workers,

Local 353

(The “Applicant”)

and

Neil Skelding c.o.b. as Provincial Power and Electrical

Services

and/or Provincial Power and Electrical Services

and/or Langstaff Electric Company Inc.

(the “Responding Parties”)

MINUTES OF SETTLEMENT

WHEREAS the Applicant filed an Application for Certification on March 24, 2000 (Board File No. 3876‑99‑R);

AND WHEREAS the Applicant filed an Application under Section 69 and/or subsection 1(4) of the Labour Relations Act on March 30, 2000 (Board File No. 3940-99-U);

AND WHEREAS the Applicant and the Responding Parties have met and are desirous of resolving all outstanding issues with respect to the 3 above-listed Board proceedings;

NOW THEREFORE the parties agree as follows and request that the Board issue the requested declaration and orders:

1. The Responding Parties agree that they are more than one business entity carrying on associated or related activities or businesses under common control or direction within the meaning of section 1(4) of the Act.

2. The parties hereto agree to request that the Board exercise its discretion under section 1(4) and make a declaration that the Responding Parties constitute one employer for the purposes of the Act.

3. The parties are agreed on the following list of eligible voters for the representation vote taken on March 31, 2000 in respect of the Applicant’s application for certification:

4. Craig Collins

5. Harry Uncao

6. Paulo Brocca

7. The parties are agreed that the Application for Certification (Board File No. 3876-99-R) will be determined by counting the ballots of the (3) individuals listed in paragraph 3 hereof and request that the Board scheduled [sic] a Labour Relations Officer’s meeting for the purpose of counting the ballots.

8. The parties are agreed that there are no remaining issues with respect to the Application for Certification.

9. The Union agrees to withdraw the Application under section 96 of the Act without prejudice and without precedent.

10. The Minutes of Settlement are without prejudice to any proceedings commenced by any of Harry Uncao, Craig Collins and/or Paulo Brocca against any of the Responding Parties or to be commenced against any of the Responding Parties as a result of their employment with the Responding Parties.

Dated at Toronto this 25th day of August, 2000.

“Neil Skelding” “Barry Stevens”

For Neil Skelding c.o.b. as For the Applicant

Provincial Power and

Electrical Services

“Neil Skelding”

For Provincial Power and

Electrical Services

“Paul Langstaff”

For Langstaff Electric Company

Inc.

2. Pursuant to these Minutes of Settlement, the Board makes the following orders and declarations:

1. In Board File No. 3876-99-R the Manager of Field Services is directed to contact the parties and to count the ballots of the individuals identified in paragraph 3 of the Minutes of Settlement ;

2. In Board File No. 3947-99-R, the Board declares that Neil Skelding c.o.b. as Provincial Power and Electrical Services, Provincial Power and Electrical Services, and Langstaff Electric Company Inc. are one employer for all purposes of the Act, including the application in Board File No. 3876‑99-R; and

3. Board File No. 3940-99-U is withdrawn at the request of the applicant.

“David A. McKee”

for the Board