International Brotherhood of Electrical Workers, Local 105 v. A.S.M. Electric (1988) Limited, 2000 CanLII 13160

International Brotherhood of Electrical Workers, Local 105 v. A.S.M. Electric (1988) Limited

4352-98-R; 4353-98-G International Brotherhood of Electrical Workers, Local 105, Applicant v. A.S.M. Electric (1988) Limited and A.S.M. Electric 2000 Ltd., Responding Parties.

BEFORE: David A. McKee, Vice-Chair, and Board Members G. Pickell and G. McMenemy.

DECISION OF THE BOARD; January 7, 2000

Decision

1. These applications are an application under subsection 1(4) and section 69 of the Labour Relations Act, 1995, S.O. 1995, c.1 (“the Act”) and a referral of a grievance to arbitration pursuant to section 133 of the Act. Before the commencement of the hearing into these matters, the parties entered into Minutes of Settlement. These Minutes provide:

The parties agree to an order by the O.L.R.B. based on the following findings of fact, in full & final settlement of these matters:

1. ASM Electric (1988) Limited (hereinafter “1988”) is bound by the Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario, effective to April 30, 2001 and any renewals (“the Principal Agreement”).

2. 1988 sold, transferred and/or disposed of a part of its business to ASM Electric 2000 Ltd. (“2000”) within the meaning of section 69 of L.R. Act, 1995 S.O. 1995, c. 1 as amended, and accordingly, A.S.M. Electric 2000 is bound by the Principal Agreement.

3. 1988 and 2000 carry on associated or related business or activities under common direction and control within the meaning of s. 1(4) of L.R. Act and constitute a single employer for the purposes of Labour Relations Board by the Principal Agreement.

4. 1988 has violated the Principal Agreement by performing work covered by the Principal Agreement by persons not members in good standing of the I.B.E.W. Local 105 (the “Union”) including but not limited to the principals of 1988, Richard Hambly and Paul Moffit. It is agreed that where 1988 requires electrical work covered by the Principal Agreement to be performed by Richard Hambly and/or Paul Moffit, they must be members in good standing of the union. In such event, 1988 must pay for such work in accordance with the Principal Agreement, including but not limited to, contributions, deductions, and allowances with respect to Health & Welfare Fund, Pension Fund, IBEW Construction Council of Ontario and IBEW, Local 105 check off dues as & when required by the Principal Agreement.

5. 2000 has violated the Principal Agreement by performing work covered by the Principal Agreement by persons who are not members in good standing of the union. It is agreed that where 2000 requires electrical work covered by the Principal Agreement to be performed by its principal Dale Hambly, he must be a member in good standing of the union. In such event, 2000 must pay for such work in accordance with the Principal Agreement, including but not limited to, all contributions, deductions, allowances for Health and Welfare Fund, Pension Trust Fund, IBEW Construction Council of Ontario, & IBEW, Local 105 union dues as & when required.

6. 1988 and 2000 must contract, subcontract, let, sublet directly or indirectly all electrical work covered by the Principal Agreement to employers and/or contractors bound by the Principal Agreement only.

7. 1988 and 2000 are jointly and severally liable & shall pay to the union the sum of $30,000 forthwith as damages for the violations of the Principal Agreement at their various construction projects, including, but without limiting the generality of the foregoing, Namasco Limited, Riverheights School, Strub Pickles, Six Nations Ambulance Station, Fleetway Trucking, Georgian Pacific, Abcott Construction Ltd., H. Seinke Construction Limited, and H. Perras Construction Limited.

“John Grimshaw” “Richard Hambly”

I.B.E.W. Local 105 A.S.M. (1988) Limited

“Dale Hambly”

ASM 2000 Ltd.

2. The Board therefore makes the following orders and declarations:

1. A.S.M. Electric (1988) Limited (“1988”) has transferred a portion of its business to ASM Electric 2000 Ltd. (“2000”) within the meaning of section 69 of the Act;

2. 1988 and 2000 carry on associated and related businesses under common control and direction, and the Board declares that they constitute one employer for all purposes of the Act;

3. 1988 and 2000 are both bound to the current Principal Agreement between the Electrical Trade Bargaining Agency of the ECAO and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario and any renewals thereof;

4. 1988 and 2000 are ordered, jointly and severally, to pay to the applicant the sum of thirty thousand dollars ($30,000.00) forthwith.

“David A. McKee”

for the Board