3480-99-U 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 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 599, Applicant v. Gus Mechanical Engineering Inc., Irsun Mechanical Ltd. and Airtemp Improvement Ltd., Responding Parties.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; March 31, 2000
1The applicant has filed an application under section 96 of the Labour Relations Act, 1995 (the “Act”).
2Prior to a hearing in this matter, the parties entered into the following memorandum of agreement:
File No. 3480-99-U
BETWEEN:
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 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 599
Applicant,
‑ and ‑
Gus Mechanical Engineering Inc., Irsun Mechanical Ltd. and Airtemp Improvement Ltd.
Respondents
MEMORANDUM OF AGREEMENT AND CONSENT ORDER
WHEREAS the Applicants filed an Application under Section 96 of the Act against the Respondents on February 28, 2000;
AND WHEREAS the parties wish to resolve their outstanding differences as follows;
THE PARTIES THEREFORE AGREE as follows and agree to request that the Board issue a Consent Order incorporating their agreement, with the appropriate orders and declarations, as provided in this Memorandum.
The parties agree that Gus Mechanical Inc., Irsun Mechanical Ltd. and Airtemp Improvement Ltd. are under common control and direction within the meaning of the Labour Relations Act, in that Gus Momen is in control and direction and enjoys a beneficial interest in the activities of all of these Respondents and request that the Board so find a declare.
The parties agree that Airtemp Improvement Ltd. has engaged in mechanical contracting activity by submitting bids with respect to mechanical contracting work regarding the project at 200 Town Centre Court, Scarborough, that Gus Mechanical Engineering Inc., Irsun Mechanical Ltd. and Airtemp Improvements Ltd. are engaged in associated and related activities and the parties request that the Board so find and declare.
The parties agree that the pre-conditions for a Section 1(4) declaration exist and mutually request that the Board forthwith exercise its discretion to issue a declaration that Gus Mechanical Engineering Inc., Irsun Mechanical Ltd. and Airtemp Improvement Ltd. are a single employer for the purpose of the Labour Relations Act.
Further, the parties agree that, pursuant to such a declaration, Airtemp Improvement Ltd. is bound to the Collective Agreement between the Ontario Pipe Trades Council and the Mechanical Contractors Association Ontario effective May 1, 1998, and any successors or renewals thereto, and that the Board should so declare.
DATED at Toronto this 6th day of March, 2000.
“A-G. Momen” . “A-G. Momen” .
Gus Mechanical Engineering Inc. Irsun Mechanical Ltd
“A-G. Momen” .
Airtemp Improvement Ltd.
DATED at Barrie this 20th day of March 2000
“Dennis Carter” .
United Association, Local 599
Dennis Carter
DATED at Kitchener this 14th day of March, 2000
“Brian Christie” .
Ontario Pipe Trades Council
Brian Christie
3While this matter is an unfair labour practice complaint under section 96 of the Act, the memorandum of agreement provides for the Board to issue a single employer declaration under subsection 1(4) of the Act. Although it is certainly appropriate and sensible to fashion a settlement providing this kind of remedy, it does raise a concern with respect to notice of the remedy sought being given to the employees of the responding parties. The processing of an application for a single employer declaration under subsection 1(4) of the Act requires that notice of the application be posted for employees who may be affected by the application (Form B-18). There is no corresponding notice requirement under section 96 and as a result, the employees of the responding parties have not received notice of either the application nor of the declarations the settlement would have the Board issue. Accordingly, before considering the parties’ joint submission that the Board issue an order in the form contemplated by the memorandum of agreement, the affected employees should be given notice of the agreement and afforded an opportunity to make submissions to the same extent as they would be permitted in an application under subsection 1(4).
4The Board directs each of the responding parties to post a copy of this decision in a conspicuous location so as to bring it to the attention of their respective employees. Should any employee have an objection to the Board making the orders and declarations contained in the memorandum, they must deliver their written objections to the Registrar of the Board within 10 working days of the date of this decision. Should no written objections be delivered on or before that date, the Board shall determine this matter based on the materials before it.
5This panel of the Board is seized.
“John Morgan Lewis”
for the Board