Sheet Metal Workers’ International Association, Local 504 v. 471177 Ontario Limited c.o.b. as S & E Mechanical and 1226220 Ontario Inc. c.o.b. as K & C Mechanical
3627-98-G Sheet Metal Workers’ International Association, Local 504, Applicant v. 471177 Ontario Limited c.o.b. as S & E Mechanical and 1226220 Ontario Inc. c.o.b. as K & C Mechanical, Responding Parties.
3632-98-R Sheet Metal Workers’ International Association, Local 504, Applicant v. 471177 Ontario Limited c.o.b. as S & E Mechanical and 1226220 Ontario Inc. c.o.b. as K & C Mechanical, Responding Parties.
BEFORE: D. L. Gee, Vice-Chair, and Board Members J. Knight and G. McMenemy.
DECISION OF THE BOARD; February 7, 2000
- These matters are an application under section 69 and 1(4) of the Labour Relations Act, 1995 (the “Act”) and a referral of a grievance to arbitration pursuant to section 133 of the Act. The parties have entered into Minutes of Settlement that provided as follows:
OLRB File No.’s 3627-98-G, 3632-98-R
BEFORE THE ONTARIO LABOUR RELATIONS BOARD
Between:
SHEET METAL WORKERS INTERNATIONAL ASSOCIATION,
LOCAL 504
(Applicant)
- and -
1226220 ONTARIO INC. c.o.b. S & E MECHANICAL
471177 ONTARIO LIMITED C.O.B. K & C MECHANICAL
(Respondents)
MINUTES OF SETTLEMENT
WHEREAS the Sheet Metal Workers’ International Association, Local 504, filed a section (4)/69 [sic] Application and related grievance against 1226220 Ontario Inc. c.o.b. S & E Mechanical and 471177 Ontario Limited c.o.b. K & C Mechanical;
AND WHEREAS the parties are desirous of fully and finally settling all matters in relation to both of the above noted file numbers;
THE PARTIES AGREE as follows:
1226220 Ontario Inc. c.o.b. K & C Mechanical agrees that there was a sale of business, namely a sheet metal business from 471177 Ontario Limited c.o.b. S & E Mechanical to 1226220 Ontario Inc. c.o.b. as K & C Mechanical (hereinafter referred to as “K & C Mechanical”), within the meaning of s. 69 of the Labour Relations Act, 1995, and as a result is bound by operation of law to the collective agreement between the Ontario Sheet Metal and Air Handling Group and the Sheet Metal Workers’ International Association and the Ontario Sheet Metal Workers’ Conference, effective from 1 May, 1998, until 30 April, 2001, and any renewals thereof (hereinafter referred to as the “collective agreement”) and the parties request that the OLRB so declare.
The company shall forthwith pay to the union $1,500.00 as full and final settlement of OLRB File No. 3627-98-G.
The union withdraws OLRB File No. 3627-98-G.
K & C Mechanical warrants and represents that, with respect to the performance of sheet metal work, it is not engaged in any other associated or related business or activities and do not control or direct any other associated or related activities or business and has not sold any business or any part of a business to any other entity. It further agrees that any or all such associated or related entity under common control or successor entitles to K & C Mechanical are and/or will be bound by any and all agreements and declarations referenced herein.
Dated at ________ this 25 day of January, 2000
“Jerry Rasso” “Illegible Signature”
For the Applicant Union For the Respondent 1226220
Ontario c.o.b. K & C Mechanical
- Having regard to the Minutes of Settlement, the Board hereby makes the following orders and declarations:
(a) The Board declares that a sale of a business from 471177 Ontario Limited c.o.b. S & E Mechanical to 1226220 Ontario Inc. c.o.b. K & C Mechanical within the meaning of section 69 of the Act has taken place.
(b) The Board declares that K & C Mechanical is bound by the collective agreement between the Ontario Sheet Metal and Air Handling Group and the Sheet Metal Workers’ International Association and the Ontario Sheet Metal Workers’ Conference, effective from May 1, 1998 until April 30, 2001.
(c) The Board orders K & C Mechanical to pay forthwith to the applicant the sum of one thousand five hundred dollars ($1,500.00).
“D. L. Gee”
for the Board