International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Marilyn and/or Gale Knott c.o.b. as MMK Enterprises Steel Placing and/or Peterborough Reinforcing and G.E.K. Contracting Limited
0505-00-R International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Applicant v. Marilyn and/or Gale Knott c.o.b. as MMK Enterprises Steel Placing and/or Peterborough Reinforcing and G.E.K. Contracting Limited, Responding Parties.
0798-00-G International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Applicant v. Marilyn and/or Gale Knott c.o.b. as MMK Enterprises Steel Placing and/or Peterborough Reinforcing and G.E.K. Contracting Limited, Responding Parties.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; June 29, 2000
Decision
1This is an application under section 69 and/or subsection 1(4) of the Labour Relations Act, 1995 (the "Act"). The application was filed on May 15, 2000. The accompanying Certificate of Delivery (Form A-24) states that the responding parties were served on May 12, 2000 by delivery of a copy of the necessary documents required by Rule 155 of the Board's Rules of Procedure to the responding parties. The Registrar delivered a Confirmation of Filing of Application under Section 69 and/or Subsection 1(4) of the Act (Form B-16) to the addresses provided for the responding parties in the application on May 18, 2000. To the date of this decision, none of the responding parties have filed a Response to the Application under Section 69 and/or Subsection 1(4) of the Act (Form A-25).
2On June 14, 2000, counsel for the applicant wrote to the Board requesting that pursuant to Rule 41 of the Board's Rules of Procedure the Board deem that the responding parties have accepted all of the facts stated in the application and grant the relief requested. Counsel for the applicant had previously written to the Board on May 26, 2000 advising that the Notice to Employees of Application under Section 69 and/or Subsection 1(4) (Form B-18) had not been posted. The applicant provided the Board with the location of a job site at which employees for the responding parties were working and pursuant to its decision dated May 29, 2000, the Board directed a Labour Relations Officer to make the necessary postings.
3For the reasons set out in G.B. Metals Ltd. [1993] OLRB Rep. June 503 there are good policy reasons for not spending time and resources on matters which are not in dispute or which are not defended. Accordingly, I declare that the facts alleged in the application are deemed to be accepted by the responding parties. These facts make out a prima facie case, both for the statutory preconditions for the exercise of the Board's jurisdiction under section 1(4) of the Act and the exercise of that discretion in favour of the applicant.
4Having regard to the materials filed with the Board and the submissions of counsel for the applicant, the Board:
declares Marilyn and/or Gale Knott c.o.b. as MMK Enterprises Steel Placing and/or Peterborough Reinforcing and G.E.K. Contracting Limited be treated as constituting one employer for the purposes of the Act in that, at all material times, they were carrying on associated or related businesses or activities under common direction and control within the meaning of section 1(4) of the Act;
declares that Marilyn and/or Gale Knott c.o.b. as MMK Enterprises Steel Placing and/or Peterborough Reinforcing and G.E.K. Contracting Limited constitute a single employer under section 1(4) of the Act;
declares that Marilyn and/or Gale Knott c.o.b. as MMK Enterprises Steel Placing and/or Peterborough Reinforcing and G.E.K. Contracting Limited are bound by the collective agreement between the Rodworker Employee Bargaining Agency and the Rodworker Employer Bargaining Agency covering the employment of rodworkers in all sectors of the construction industry in the Province of Ontario.
5Board File No. 0078-00-G is a referral of a grievance to arbitration under section 133 of the Act. It was adjourned pending the resolution of this matter. The Registrar is directed to list Board File Nos. 0078-00-G for hearing. The Board notes that the applicant has asked for a default judgement. Accordingly, the Board directs that the responding parties shall have five days in which to file a Request for Hearing and Notice of Intent to Defend/Participate (Form A-87) from the date of this decision. A fee of $214.00 (including G.S.T.) must be paid at the same time or the Request will not be accepted or processed by the Board.
"John Morgan Lewis"
for the Board