International Brotherhood of Electrical Workers v. Harry Pope & Sons Limited
0131-99-R International Brotherhood of Electrical Workers, and the International Brotherhood of Electrical Worker, Construction Council of Ontario and International Brotherhood of Electrical Workers, Local 804, Applicant v. Harry Pope & Sons Limited, Responding Party.
2070-99-R International Brotherhood of Electrical Workers; I.B.E.W. Construction Council of Ontario International Brotherhood of Electrical Worker, Local 804, Applicant v. Harry Pope & Sons Limited; Pope Electric Ltd.; and l347702 Ontario Inc. c.o.b. as Pope Electric 2000 Responding Parties.
3222-99-G; 3223-99-G International Brotherhood of Electrical Workers, Local 804, Applicant v. Harry Pope & Sons Limited; Pope Electric Ltd.; and l347702 Ontario Inc. c.o.b. as Pope Electric 2000 Responding Parties.
BEFORE: Gail Misra, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; June 12, 2000
1Board File No’s 0131-99-R and 2070-99-R are applications filed pursuant to sections 69 and 1(4) of the Labour Relations Act, 1995 (the “Act”). Board File No’s 3222-99-G and 3223-99-G are referrals of grievances in the construction industry to arbitration pursuant to section 133 of the Act.
2By Minutes of Settlement dated May 25, 2000, the parties have resolved all the issues in dispute between them. Having regard to the settlement reached, the Board makes the following findings, order and directions:
the Board finds that Harry Pope & Sons Limited transferred its electrical contracting business to Pope Electric Ltd. and/or 1347702 Ontario Inc. c.o.b. as Pope Electric 2000 within the meaning of section 69 of the Labour Relations Act, 1995;
the Board finds that Pope Electric Ltd. and/or 1347702 Ontario Inc. c.o.b. as Pope electric 2000 are therefore successor employers and bound by the Collective Agreement between the Electrical Trade Bargaining Committee of the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the I.B.E.W. Construction Council of Ontario (“the Collective Agreement”) in effect from time to time;
3the Board find that Pope Electric Ltd. and 1347704 Ontario Inc. c.o.b. as Pope Electric 2000 are associated or related businesses or activities under common direction and control within the meaning of section 1(4) of the Act in that the electrical contracting business carried on by John Pope as a key man with Harry Pope & Sons Limited continues to be operated by John Pope as principal of Pope Electric Ltd. and/or 1347702 Ontario Inc. c.o.b. as Pope Electric 2000. The electrical contracting business is under the care, custody and control of John Pope who exercises all managerial duties and responsibilities. Accordingly, Pope Electric Ltd. and 1347702 Ontario Inc. c.o.b. as Pope Electric 2000 constitute a single employer for the purposes of labour relations;
4the Board finds that Pope Electric Ltd. and/or 1347702 Ontario Inc. c.o.b. as Pope Electric 2000 have violated the Collective Agreement in their electrical contracting operations and therefore orders that it shall pay the International Brotherhood of Electrical Workers, Local 804 the sum of $35,000.00 forthwith by certified cheque, receipt of which is acknowledged by signing of the Minutes of Settlement;
5in accordance with the settlement the Board directs Pope Electric Ltd. and/or 1347702 Ontario Inc. c.o.b. as Pope Electric 2000 to deliver to the International Brotherhood of Electrical Workers, Local 804 an irrevocable letter of credit drawn on a Canadian Chartered Bank valid until April 30, 2003, in the amount of $15,000.00 to secure payment of damages for violation of the Collective Agreement at any time after June 1, 2000. The International Brotherhood of Electrical Workers, Local 804 shall draw on the irrevocable letter of credit upon presentation of a grievance in respect of any violation of the Collective Agreement it being understood that I.B.E.W. Local 804 shall hold the proceeds in a separate interest-bearing bank account should Pope Electric Ltd. and/or 1347702 Ontario Inc. c.o.b. as Pope Electric 2000 contest liability for violation of the Collective Agreement by referral of grievance to arbitration filed with the Ontario Labour Relations Board within five days of receipt of the said grievance.
“Gail Misra”
for the Board