3480-99-U Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada and United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 599, Applicant v. Gus Mechanical Engineering Inc., Irsun Mechanical Ltd. and Airtemp Improvement Ltd., Responding Parties.
BEFORE: John Morgan Lewis, Vice-Chair, and Board Members J. G. Knight and
G. McMenemy.
DECISION OF THE BOARD; April 18, 2000
This is an application under section 96 of the Labour Relations Act, 1995 (the “Act”). Prior to a hearing in this matter, the parties entered into a memorandum of agreement. Further to its decision dated March 31, 2000, the Board has not received any objections to the memorandum of agreement from any of the employees of the responding parties.
Accordingly, having regard to the memorandum of agreement executed by the parties, the Board:
declares that Gus Mechanical Engineering Inc., Irsun Mechanical Ltd. and Airtemp Improvement Ltd. are under common control and direction within the meaning of the Act in that Gus Momen is in control and direction and enjoys a beneficial interest in the activities of all of the respondents;
declares that Airtemp Improvement Ltd. has engaged in mechanical contracting activity by submitting work regarding 200 Town Centre Court, Scarborough, and that Gus Mechanical Engineering Inc., Irsun Mechanical Ltd. and Airtemp Improvement Ltd. are engaged in associated or related activities;
declares that that Gus Mechanical Engineering Inc., Irsun Mechanical Ltd. and Airtemp Improvement Ltd. are a single employer for the purpose of the Act;
declares that Airtemp Improvement Ltd. is bound to the collective agreement between the Ontario Pipe Trades Council and the Mechanical Contractors Association Ontario effective May 1, 1998, and any successors or renewals thereto.
“John Morgan Lewis”
for the Board