Labourers’ International Union of North America, Local 183 v. P. Cipriano Construction Ltd.
0459-97-G Labourers’ International Union of North America, Local 183, Applicant v. P. Cipriano Construction Ltd., Edenfield Developments Inc., Petermar Carpentry Inc., Goldstar Drain and Concrete Inc., Goldpark Homes Inc., Earlsbridge Holdings Inc., Ridgecore Estates Inc., Royal Legacy Homes Inc., Responding Parties.
0460-97-R Labourers’ International Union of North America, Local 183, Applicant v. P. Cipriano Construction Ltd., Edenfield Developments Inc., Petermar Carpentry Inc., Goldstar Drain and Concrete Inc., Goldpark Homes Inc., Earlsbridge Holdings Inc., Ridgecore Estates Inc., Royal Legacy Homes Inc., Responding Parties.
BEFORE: M. A. Nairn, Vice-Chair.
DECISION OF THE BOARD; April 17, 2000
Decision
1Board File No. 0459-97-G is the referral of a grievance in the construction industry brought pursuant to section 133 of the Labour Relations Act, 1995 (the "Act"). Board File No. 0460-97-R is an application brought pursuant to sections 1(4) and 69 of the Act.
2Prior to the continuation of the hearing the parties entered into the following Minutes of Settlement and Consent Order.
OLRB FILE NOS.: 0460-97-R & 0459-97-G
BEFORE THE ONTARIO LABOUR RELATIONS BOARD
B E T W E E N:
LABOURERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183
("the "Union")
- and –
P. CIPRIANO CONSTRUCTION LTD. and
EDENFIELD DEVELOPMENTS INC. and
PETERMAR CARPENTRY INC.
("the Responding Parties")
MINUTES OF SETTLEMENT AND CONSENT ORDER
WHEREAS the parties have been engaged in protracted litigation before the Ontario Labour Relations Board (the "Board") and wish to resolve these matters (OLRB File No. 0460-97-R and 0459-97-G) without the necessity of any further proceedings;
AND WHEREAS P. Cipriano Construction Ltd. ("Cipriano"), Edenfield Developments Inc. ("Edenfield") and Petermar Carpentry Inc. ("Petermar") have admitted that they carry on associated or related activities under common direction and control within the meaning of Section 1(4) of the Labour Relations Act, 1995, as amended ("the Act") and therefore constitute a single employer for the purposes of the Act (hereinafter collectively referred to as "the Companies");
THEREFORE the parties each agree with each other to settle these matters on the following terms and conditions and request and consent to the Board making and issuing the following Declarations and Orders:
An Order that the Companies shall pay to the Union the amount of NINE THOUSAND FOUR HUNDRED AND SIXTY DOLLARS and FORTY-FOUR CENTS ($9,460.44) on or before March 9, 2000 on account of any wages or contributions owing to or on behalf of Aurora Framing.
An order that the parties shall produce whatever documents exist to substantiate any claim of unpaid wages or benefits claimed in the Union’s grievance of January 2, 1997 on behalf of Olympic Contracting and whatever may have been actually paid to Olympic Contracting and meet on or before April 1, 2000 to determine what, if anything, remains owing on behalf of
Olympic Contracting. In the event the parties are unable to agree, then the matter shall be determined by a sole Vice-Chair of the Board at the request of either party. The parties agree that these Minutes of Settlement and Consent Order are enforceable pursuant to Section 96(7) of the Act.
3A Declaration that:
(i) Petermar and Cipriano are bound to the Union’s current Residential Housing, Carpentry and Framing Collective Agreement.
(ii) Edenfield is bound to the Union’s current Collective Agreement with the Toronto Construction Labour Bureau.
An Order that Petermar, Cipriano and Edenfield shall execute whatever documents necessary to corroborate paragraph 3.
Nothing herein requires or deems the Responding Parties to be members of the Residential Construction Labour Bureau or any other employer association.
Without prejudice to any of the earlier decisions of the Board in these proceedings (and in particular, its decision dated July 23, 1999), the foregoing constitutes full and final settlement of all grievances filed by the Union referred to in these proceedings (OLRB File Nos. 0460-97-R and 0459-97-G) (and subject to compliance with these Minutes of Settlement and Consent Order the Union shall advise the Board that these matters are withdrawn) and any claims the Union has against the Companies to the date hereof.
DATED AT Toronto THIS 13 DAY OF March, 2000.
"Jorge Vala" "P. Cipriano"
LABOURERS P. CIPRIANO CONSTRUCTION LTD.
INTERNTAIONAL UNION
OF NORTH AMERICA
LOCAL 183
"P. Cipriano
EDENFIELD DEVELOPMENTS INC.
"P. Cipriano
PETERMAR CARPENTRY INC.
- Having regard to the Minutes of Settlement filed, the Board makes the following determination:
(1) orders P. Cipriano Construction Ltd., Edenfield Developments Inc. and Petermar Carpentry Inc. to pay to the Labourers’ International Union of North America, Local 183 the amount of nine thousand, four hundred and sixty dollars and forty-four cents ($9,460.44) on or before March 9, 2000 on account of any wages or contributions owing to or on behalf of Aurora Framing;
(2) orders the parties to the Minutes of Settlement to produce all documents to substantiate any claim of unpaid wages or benefits claimed in the Union’s grievance of January 2, 1997 on behalf of Olympic Contracting and whatever may have been actually paid to Olympic Contracting. The parties to the Minutes of Settlement are further directed to meet on or before April 1, 2000 to determine what, if anything, remains owing on behalf of Olympic Contracting;
(3) declares that Petermar Carpentry Inc. and P. Cipriano Construction Ltd. are bound to the Union’s current Residential Housing, Carpentry and Framing colletive agreement;
(4) declares that Edenfield Developments Inc. is bound to the Union’s current collective agreement with the Toronto Residential Construction Labour Bureau;
(5) orders P. Cipriano Construction Ltd., Edenfield Developments Inc. and Petermar Carpenetry Inc. to execute whatever documents are necessary to corroborate the declarations in sub-paragraphs (3) and (4) above.
"M. A. Nairn"
for the Board