3155-99-G Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. 1171342 Ontario Inc. o/a D.C. & Associates, D.C. & Associates Construction & Consulting Firm, D/C Contracting Ltd.; M.D. Cabinets Ltd., The DUC (Tom) Chuong c.o.b. M.D. Contracting, Responding Parties.
3911-99-R Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. 1171342 Ontario Inc. o/a D.C. & Associates, D.C. & Associates Construction & Consulting Firm, D/C Contracting Ltd.; M.D. Cabinets Ltd., The Duc (Tom) Chuong c.o.b. M.D. Contracting, Responding Parties.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; December 21, 2000
This is an application under sections 69 and 1(4) of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended (“the Act”) for declaratory and other relief (Board File No. 3911-99-R) and a referral of a grievance to the Board for determination under section 133 of the Act (Board File No. 3155-99-G).
Prior to the hearing in these matters the parties entered into the following Minutes of Settlement:
MINUTES OF SETTLEMENT
BETWEEN:
Carpenters and Allied Workers Local 27, United Brotherhood
of Carpenters and Joiners of America,
the “Applicant”
‑ and ‑
The Duc (Tom) Chuong; D/C Contracting Ltd.,
“Responding Parties”
OLRB File No. 3155-00-G; 3911-99-R
WHEREAS the Applicant has filed a related successor employer application with the Ontario Labour Relations Board with respect to the Responding Parties, namely OLRB File No. 391-99-R, as well as grievances pertaining to the projects undertaken by the Responding Parties in OLRB File No. 3155-99-G;
AND WHEREAS the Applicant and the Responding Parties wish to resolve same without the necessity of a hearing of the Ontario Labour Relations Board;
NOW THEREFORE the parties agree as follows and request that the Board issue the following declarations and orders:
A Declaration that both named Responding parties are carrying on related businesses under common direction and control and hence constitute one employer for the purposes of the Ontario Labour Relations Act.
A Declaration that both Responding Parties are bound by the full terms and conditions of the following collective agreement and any modifications thereto or renewals thereof:
(a) the collective agreement between the Carpenters’ District Council of Ontario and Carpenters Employer Bargaining Agency;
(b) the collective agreement between Carpenters and Allied Workers Local 27; and The Toronto & district Carpentry Contractors Association;
(c) the collective agreement between Carpenters and Allied Workers Local 27; an The Trim Association of Ontario;
(d) the collective agreement between the Carpenters’ District Council of Ontario; and the Heavy Construction Association of Ontario; and
(e) the collective agreement between Carpenters and Allied Workers Local 27 and Exhibit Builders Group of Ontario.
An order that the Responding Parties shall pay the sum of $20,000.00 to the Applicant forthwith as full and final settlement of all claims by the Applicant in respect of all moneys owing pursuant to the Responding Parties’ obligations under the collective agreements referred to herein up to and including the date hereof
An Order that the Responding Parties shall provide the Applicant with notice of any future projects covered by the collective agreement by fax or other written notice not less than 24 hours before commencing work on the project(s).
DATED at Toronto this 30th day of October, 2000.
For the Applicant For the Responding Parties
‘Paul Daly” “The Duc (Tom Chuong)”
- Having regard to the Minutes of Settlement dated October 30, 2000, between the parties, filed, the Board:
(a) declares that The Duc (Tom) Chuong and D/C Contracting Ltd. constitute one employer for the purposes of the Act;
(b) declares that The Duc (Tom) Chuong and D/C Contracting Ltd. carry on related businesses under common direction and control and are bound by the full terms and conditions of the following collective agreements:
(i) the collective agreement between the Carpenters’ District Council of Ontario and Carpenters Employer Bargaining Agency;
(ii) the collective agreement between Carpenters and Allied Workers Local 27; and The Toronto & District Carpentry Contractors Association;
(iii) the collective agreement between Carpenters and Allied Workers Local 27; an The Trim Association of Ontario;
(iv) the collective agreement between the Carpenters’ District Council of Ontario; and the Heavy Construction Association of Ontario; and
(v) the collective agreement between Carpenters and Allied Workers Local 27 and Exhibit Builders Group of Ontario.
(c) directs The Duc (Tom) Chuong and D/C Contracting Ltd. to pay forthwith to the applicant the sum of $20,000.00.
“Harry Freedman”
for the Board