3913-98-R Masonry Council of Unions, Toronto and Vicinity and Bricklayers, Masons Independent Union of Canada, Local 1 and Labourers’ International Union of North America, Local 183, Applicants v. El Vee Masonry Ltd. and/or 1001406 Ontario Ltd. c.o.b. as L.V. Construction and/or Southern Ontario Masonry Inc. and/or Viacon Masonry Inc., Responding Parties.
3916-98-G Labourers’ International Union of North America, Local 183, Applicant v. El Vee Masonry Ltd. and/or Southern Ontario Masonry Inc. and/or Viacon Masonry Inc., Responding Parties.
APPEARANCES: Mark J. Lewis, Marcia Kredentser and Frank D’Abbondanza for the applicants; Lino Vitorio for all responding parties; Walter Thornton and Acacio Paulo for Southern Ontario Masonry Inc. and/or Viacon Masonry Inc.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; January 26, 2000
1These two files are applications under subsection 1(4) and section 69 of the Labour Relations Act, 1995, S.O. 1995 ch..1 (the “Act”) and a referral of grievance to arbitration pursuant to section 133 of the Act. At the commencement of the hearings the parties indicated they wished to discuss settlement among themselves. At 2:00 p.m. on the second day of hearing they advised the Board that they had entered into Minutes of Settlement which they did not wish to file with the Board. However, they agreed that the necessary factual bases for relief under subsection 1(4) and section 69 existed. On the basis of this representation, they asked the Board to grant certain relief under subsection 1(4) and section 69.
2Having regard to the agreement of the parties, the Board declares as follows:
El Vee Masonry Ltd. (“El Vee”), 1001406 Ontario Ltd. c.o. b. as L.V. Construction (“LV”), Southern Ontario Masonry Inc. (“SOM”), and Viacon Masonry Inc. (“Viacon”) are one employer for all purposes of the Act;
there has been a transfer of part of a business from El Vee and LV to SOM and Viacon within the meaning of section 69 of the Act and in no other manner.
3Board File 3916-98-G is terminated on the basis of the Minutes of Settlement between the parties.
“David A. McKee”
for the Board