2475-99-G; 2476-99-G; 3497-98-U International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 700, Applicant v. Up-Rite Door Ltd., Responding Party.
BEFORE: David A. McKee, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; January 7, 2000
- Board Files 2475-99-G and 2476-99-G are referrals of grievances to arbitration pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995, ch.1 (“the Act”), and Board File 3497-98-U is an application pursuant to section 96 of the Act. Before the hearing commenced, the parties entered into Minutes of Settlement. These Minutes provide as follows:
OLRB File No. 2475-99-G
2476-99-G
Between:
International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 700
(the “Union”)
- and -
Up-Rite Door Ltd.
(the “Employer”)
Minutes of Settlement
Whereas the union filed two grievances against the Employer dated December 15 and 18, 1998;
Whereas the Employer has declared an intention to wind-up [sic] its business falling within the work jurisdiction of the Union;
Therefore the Parties agree to the following terms of settlement.
The Employer confirms that it is bound to the Collective Agreement between the Iron Workers District Council of Ontario and the Ontario Erectors Association, Inc. for all field work falling within the Union’s work jurisdiction. Field work shall be defined as any work performed on site be it new construction, repair or maintenance work.
The union confirms that the Employer is only bound to the Collective Agreement for all field work at an industrial, commercial or institutional site.
The Union confirms that all residential work performed hereafter by the Employer is exempt from the scope of the Collective Agreement and the work jurisdiction of the Union as it applies to this Employer.
The Union states that the Employer may rely on the fact that the installation of or work on “man-doors made of hollow metal” and windows are exempt from the scope of the work jurisdiction of the Union for this Employer only.
The Employer undertakes to cease all work within the jurisdiction of the Union as modified by these Minutes of Settlement effective with the close of business on March 31, 2000. In particular, the Employer shall not contract or subcontract for the performance of any field work within the jurisdiction of the Union be it new installations, repair work or maintenance at any industrial, commercial or institutional site. If it does and such is proven before the Ontario Labour Relations Board or any other body or is admitted by the Employer, the Employer shall pay to the Union and the Union shall be entitled to receive fifty-thousand dollars in compensation in addition to any other Blouin Drywall type damages the Union may be entitled to as compensation for the Employer’s breach of the Collective Agreement.
In order to assist in the enforcement of these Minutes and paragraph five (5) above in particular, the Union shall have the right to inspect the Employer’s books and records of account once every one-hundred and eighty (180) day period subject to the Union providing the Employer with seventy-two (72) hours advance written notice.
Should the Employer perform field work at any industrial, commercial or institutional site between February 1, 2000 and March 31, 2000 it shall employ only Messrs. Michael Moores or James Woobrett should either or both of them first obtain permits from the Union and pay all required remittances and contributions. Should additional forces be required, the Employer shall hire them from the Union in accordance with Article 2 of the Collective Agreement. The Employer shall be free at any time during the said ninety (90) day period to subcontract with any employer also bound to the said Collective Agreement.
For the purpose of additional clarity, it is the intent of paragraph five (5) above that the Employer will never again obtain any work within the Union’s work jurisdiction as modified herein and then have that work performed by other persons unless it subcontracts with another Employer bound to the Collective Agreement.
The Parties agree to adjourn the following matters sine die, not to be relisted unless a breach of these Minutes of Settlement is proven before a tribunal of competent jurisdiction:
OLRB File Nos. 2476-99-G
2475-99-G
3497-98-U.
Should any or all of these matters be relisted, the Employer shall be barred from raising any issue with respect to timeliness occasioned by this adjournment i.e. the period commencing on December 14, 1999.
The parties request that the Ontario Labour Relations Board incorporate the terms of this Settlement in an order to be issued by it.
The Parties agree that these Minutes constitute a settlement pursuant to section 96(7) of the Act.
The Union commits to contacting the Employer to inquire about or discuss problems before filing a grievance or any further application (with the exception of the filing of a successor rights or common employer application involving the Employer and “Sarnia Door Service”).
Without affecting the validity and binding nature of this Agreement, the Parties also agree to execute within thirty (30) days hereof, a typed version of these Minutes of Settlement.
Signed and dated at Toronto this 14th day of December 1999.
“Matt Mitro” “Greg Michaluk”
Matt Mitro Greg Michaluk Manager, Up Rite Door Ltd.
I have authority to bind I have authority to bind the
the Corporation Union
Notwithstanding the terms of paragraph 10 of the Minutes, there is nothing in the Minutes which requests that the Board make any specific order. The Minutes simply record an agreement between the parties which is enforceable pursuant to section 96(7). The Board is not asked at this stage to make any order to determine whether it would have made orders containing the same terms as the agreement of the parties. Accordingly, the Board simply notes that the Minutes have been entered into by the parties.
It is not administratively possible to adjourn these files in the manner requested by the parties. For administrative reasons, the Board does not adjourn a matter sine die for a period of longer than one year. These applications are therefore terminated as having been settled, subject to the right of any party to request that they be relisted, in accordance with paragraph 9 of the Minutes.
“David A. McKee”
for the Board