2141-99-R United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 463, Applicant v. Doef’s Ironworks Ltd., Bay-Shore Maintenance Ltd., Bellevue Fabricating Ltd., Responding Parties.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; April 27, 2000
- This is an application under subsection 1(4) and section 69 of the Labour Relations Act, 1995, S.O. 1995, ch. 1 (the “Act”). Prior to the commencement of the hearing, the parties entered into Minutes of Settlement which provide as follows:
MINUTES OF SETTLEMENT AND CONSENT ORDER
The parties agree to settle their differences and request that the Ontario Labour Relations Board issue the following declarations and orders:
Doef’s Ironworks Ltd. and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 463 (“U.A. Local 463”) are bound by the Collective Agreement between the Ontario Pipe Trades Council and the Mechanical Contractors Association, Ontario effective until April 30, 2001 and any renewals thereof (“the Collective Agreement”).
Doef’s Ironworks Ltd. sold part of its business to Bay-Shore Maintenance Ltd. and another part of its business to Bellevue Fabricating Ltd. within the meaning of section 69 of the Labour Relations Act, 1995 and accordingly Bayshore Maintenance Ltd. and Bellevue Fabricating Ltd. are bound by the Collective Agreement, referred to in paragraph 1 hereof.
Bayshore Maintenance Ltd. and Bellevue Fabricating Ltd. are associated or related businesses or activities under common direction and control within the meaning of section 1(4) of the Act and further agree with U.A. Local 463 to a declaration and order from the Ontario Labour Relations Board that Bayshore Maintenance Ltd. and Bellevue Fabricating Ltd. constitute a single employer for the purposes of labour relations.
The parties agree to settle the grievance dated October 26, 1999.
DATED at Belleville THIS 17 DAY OF APRIL, 2000
UNITED ASSOCIATION OF
JOURNEYMEN AND APPRENTICES
OF THE PLUMBING AND PIPEFITTING
INDUSTRY OF THE UNITED STATES
AND CANADA, LOCAL 463 DOEF’S IRONWORKS LTD.
“Larry Cann” “Illegible”
BAY-SHORE MAINTENANCE
LTD.
“Illegible”
BELLEVUE FABRICATING
LTD.
“Illegible”
- The Board hereby issues the declarations requested in the Minutes of Settlement.
“David A. McKee”
for the Board