International Brotherhood of Electrical Workers, Local 353 v. Slade Electric, 2000 CanLII 12730

Ontario Labour Relations Board

0904-00-G International Brotherhood of Electrical Workers, Local 353, Applicant v. Slade Electric, Trillium Electrical Contractor Inc., and Rayphal Slade Inc., Responding Parties.

BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.

DECISION OF THE BOARD; July 7, 2000

1. This is an application for the referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995, ch. 1 (the "Act"). The parties have entered into Minutes of Settlement which provide as follows:

OLRB File No. 0904-00-G

MINUTES OF SETTLEMENT

International Brotherhood of Electrical Workers Local 353

("The Applicant")

• and -

Slade Electric, Trillium Electrical Contractor Inc.,

and Rayphal Slade Inc.

("The Responding Parties")

WHEREAS the Applicant has referred a grievance dated June 2, 2000 against the Responding Parties to the Board and the Board has scheduled a hearing for July 6, 2000;

AND WHEREAS, in its grievance, the Applicant asserted that the Responding Parties are a common employer under sections 69 and 1(4) of the Labour Relations Act, 1995;

THEREFORE the parties agree as follows and request that the Board make the declarations and orders contained herein:

1. Mr. Ray Slade ("Slade") acknowledges that he is the principal and sole officer and director of all of the Responding Parties.

2. Slade hereby advises and represents to the Applicant that Slade Electric is no longer operating and has not been operating for approximately 10 years.

3. Slade further advises and represents to the Applicant that Rayphal Slade Inc. is a personal holding company, used to hold physical assets; it does not perform any electrical work, either directly or through sub-contractors and has no employees.

4. Slade hereby advises and represents to the Applicant that Trillium Electrical Contractor Inc. ("Trillium") is the sole business name in which he performs bargaining unit work. Trillium currently has no employees, and has not had any employees since the commencement of this proceeding.

5. On the basis of the above representations made by Slade, the Applicant agrees to receive the remedies contained herein solely against Trillium.

6. Trillium hereby recognises the Applicant as the sole and exclusive bargaining agent of all electricians and electrical apprentices in its employ in the Province of Ontario in the industrial, commercial and institutional sector of the construction industry and in the non ICI sector of the construction industry in Board Area 8. Accordingly, Trillium agrees it is bound to the collective agreements with the Applicant.

7. The parties hereby agree as follows and request that the Board issue the declarations and orders contained herein:

(i) Declare that the name of the Responding Parties in this proceeding be amended nunc pro tunc to Trillium Electrical Contractor Inc.;

(ii) Declare that Trillium is bound to the Principal Agreement between the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario effective until April 30, 2001, and to the Residential Lowrise Agreement between the Electrical Contractors Association of Toronto and the Applicant effective until May 31, 2002;

(iii) Order that Trillium Electrical Contractor Inc. pay damages to the Applicant for non-payment of the owner-operator fees required under Clause 1000(m) of the Applicant's Appendix in the Principal Agreement in the amount of $5,500.00, such payment to be made according to the following schedule:

(a) $ 500.00 by August 1, 2000;

(b) $1,000.00 by September 1, 2000;

(c) $1,000.00 by October 1, 2000;

(d) $ 500.00 by November 1, 2000;

(e) $ 500.00 by December 1, 2000;

(f) $ 500.00 by January 1, 2001;

(g) $ 500.00 by February 1, 2001;

(h) $ 500.00 by March 1, 2001;

(i) $ 500.00 by April 1, 2001;

all by cheques payable to the Applicant and delivered to the Applicant by on or before July 7, 2000, and

(iv) order that, should Trillium fail or refuse to pay any of the damages as and when required under the above schedule, the entire balance outstanding on the date of that default becomes immediately due and payable to the Applicant and subject to immediate collection proceedings.

8. The Principal Agreement requires Trillium to pay owner/operator fees for all months in which Trillium continues to be active in the electrical industry. Trillium shall begin paying these amounts on October 1, 2000 (due November 20, 2000), unless Ray Slade contacts the Applicant in October, 2000, and convinces the Applicant that neither he, as an owner/operator, nor Trillium are performing bargaining unit work.

9. The Applicant accepts these Minutes of Settlement in full and final satisfaction of any claims it may have, or have had, against any of the Responding Parties prior to the date hereof, save and except if the Applicant learns that the representations relied on were wrong, in which instance these Minutes are not a bar to proceeding with respect to that new information.

DATED at Toronto this 27thday of June, 2000.

"Michael Oram"

for the Applicant, Mr. Michael Oram

"Ray Slade"

for the Responding Parties, Mr. Ray Slade

2. The Board hereby makes the declarations and orders as requested in paragraph 7 of the Minutes of Settlement.

"David A. McKee"

for the Board