1250-99-R Sheet Metal Workers’ International Association, Local 30, Applicant v. Acura Sheet Metal Company Limited and Reptac Heating Ltd., Responding Parties.
1257-99-G Sheet Metal Workers’ International Association, Local 30, Applicant v. Acura Sheet Metal Company Limited and Reptac Heating Ltd., Responding Parties.
BEFORE: D. L. Gee, Vice-Chair, and Board Members J. Knight and G. McMenemy.
DECISION OF THE BOARD; February 2, 2000
- These matters are an application pursuant to section 69 and 1(4) of the Labour Relations Act, 1995 (the “Act”) and a referral of grievance to arbitration. Prior to the hearing, the parties entered into the following Memorandum of Agreement:
Ontario Labour Relations Board File Nos. 1250-99-R, 1257-99-G
Between:
SHEET METAL WORKERS’ INTERNATIONAL ASSOCIATION,
LOCAL 30
(hereinafter referred to as “the Applicant”)
- and –
ACURA SHEET METAL COMPANY LIMITED
REPTAC HEATING LTD.
(hereinafter referred to as “Acura” and “Reptac”, respectively)
MEMORANDUM OF AGREEMENT
WHEREAS, the Applicant filed a grievance against Acura and Reptac on May 10, 1999;
AND WHEREAS, the Applicant referred this grievance to arbitration before the Ontario Labour Relations Board (“the Board”) on July 22, 1999;
AND WHEREAS, the Applicant also filed an application with the Board under section 69 and subsection 1(4) of the Labour Relations Act, 1995, on July 22, 1999;
AND WHEREAS, the Parties wish to resolve these matters;
THE PARTIES AGREE, each with the others, as follows:
Acura and Reptac acknowledge that they are related employers within the meaning of section 1(4) of the Labour Relations Act, 1995.
Acura and Reptac acknowledge that they are bound to the Collective Agreement between the Ontario Sheet Metal and Air Handling Group and the Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference, effective from May 1, 1998, to April 30, 2001.
Reptac agrees to pay forthwith to the Applicant, the sum of $2,000.00 in settlement of all matters between the Parties up to the date of this memorandum of agreement. Acura shall not make any payment to the Applicant.
The Applicant agrees to seek leave of the Board to withdrawn Board File No. 1257-99-G.
The Parties agree to request that the Board incorporate this memorandum of agreement into a consent order in Board File No. 1250-99-R.
The Parties agree that acceptance of this memorandum of agreement may be made by facsimile (FAX), which shall be deemed good and sufficient as if executed and delivered in an original form.
DATED at Toronto, this 31st day of January, 2000.
“John Collins”
for the applicant
“E. Parette”
for Acura
“E. Parette”
for Repac
- Having regard to the terms of the Memorandum of Agreement the Board hereby makes the following orders and declarations:
(i) The Board declares that Acura and Reptac are related employers within the meaning of section 1(4) of the Act;
(ii) The Board declares that Acura and Reptac are bound to the Collective Agreement between the Ontario Sheet Metal and Air Handling Group and the Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference, effective from May 1, 1998, to April 30, 2001; and
(iii) The Board orders Reptac to pay forthwith to the Applicant the sum of two thousand dollars ($2,000.00).
(iv) Board File No. 1257-99-G is hereby withdrawn with leave of the Board.
“D. L. Gee”
for the Board