1047-98-G International Association of Bridge, Ornamental and Reinforcing Iron Workers, Local 786, Applicant v. Nickel City Steel Ltd., Cranehill Mining Services Inc., Responding Parties.
1048-98-R International Association of Bridge, Ornamental and Reinforcing Iron Workers, Local 786, Applicant v. Nickel City Steel Ltd., Cranehill Mining Services Inc., Responding Parties.
3988-98-G International Association of Bridge, Ornamental and Reinforcing Iron Workers, Local 786, Applicant v. Nickel City Steel Ltd., Cranehill Mining Services Inc., Responding Parties.
4176-98-G International Association of Bridge, Ornamental and Reinforcing Iron Workers, Local 786, Applicant v. Nickel City Steel Ltd., Cranehill Mining Services Inc., Responding Parties.
BEFORE: M. A. Nairn, Vice-Chair.
APPEARANCES: Gary Caroline for the applicant; R. J. Drmaj for the responding parties.
DECISION OF THE BOARD: April 20, 2000
[1]. Board File No. 1048-97-R is an application brought pursuant to sections 1(4) and 69 of the Labour Relations Act, 1995 (the "Act"). Board File Nos. 1047-97-G, 3988-98-G, and 4176-98-G are each referrals of a grievance in the construction industry brought pursuant to section 133 of the Act.
[2]. These matters have been ongoing. They were scheduled to resume on April 18, 2000. In the course of proceedings the parties took the opportunity to have some discussions outside the formal hearing process, with the result that they were able to resolve the issues in dispute. They have entered into Minutes of Settlement which provide as follows:
OLRB File Nos. 1048-98-R,
1047-98-G, 3988-98-G, 4176-98-G
Between:
International Association of Bridge, Structural,
Ornamental and Reinforcing Iron Workers, Local 786
(the "Union")
- and -
Nickel City Steel Limited
("Nickel City")
- and -
Crane Hill Mining Services Inc.
("Crane Hill")
Minutes of Settlement
Whereas the Union filed an Application Under Section 6[9] and 1(4) concerning Nickel City and Crane Hill; [throughout these Minutes a reference to Crane Hill is treated as a reference to Cranehill]
Whereas the Union also filed three Referrals of Grievance to Arbitration;
And Whereas the Parties are desirous of resolving their differences;
Therefore the Parties agree as follows:
Crane Hill Mining Services Inc. agrees that it is bound to the Collective Agreement between the Iron Workers District Council of Ontario et al. and the Ontario Erectors Association, Inc. as if it is a signatory thereto.
Nickel City agrees to pay $25,000. (twenty-five thousand) to the Union on or before May 18, 2000. This payment is made in recognition that the Union forever releases and discharges any and all claims it has or may have against Nickel City and Crane Hill for work performed prior to April 18, 2000 contrary to the Collective Agreement.
The Union agrees to request leave of the Board to withdraw the above-captioned matters.
The Parties agree to request that the Board issue the following orders that:
i) Crane Hill Mining Services Inc. is bound to the Collective Agreement between the Iron Workers District Council of Ontario et al. and the Ontario Erectors Association, Inc.
ii) Nickel City Steel shall pay $25000. to the Union on or before May 18, 2000.
Signed and dated at Toronto this 18th day of April, 2000.
"Jim Lajeunesse" "Mike Gregorini"
Jim Lajeunesse Mike Gregorini
For the Union For Nickel City
"R. J. Drmaj" (of Counsel)
For Crane Hill
[3]. Having regard to the provisions of the Act and to Minutes of Settlement, the Board hereby:
(1) declares that Cranehill Mining Services Inc. is bound to the Collective Agreement between the Iron Workers District Council of Ontario et. al. and the Ontario Erectors Association, Inc.
(2) orders Nickel City Steel Limited to pay to the applicant the sum of twenty-five thousand dollars ($25,000.00) on or before May 18, 2000 in full and final settlement of the issues herein.
[4]. Having regard to all of the above, these matters are hereby withdrawn with leave of the Board.
"M. A. Nairn"
for the Board