IBEW Construction Council of Ontario v. 1086289 Ontario Inc. c.o.b. as Urban Electrical Contractors
2754-99-G IBEW Construction Council of Ontario on behalf of International Brotherhood of Electrical Workers, Local 353, International Brotherhood of Electrical Workers, Local 894 and International Brotherhood of Electrical Workers, Local 1739 and International Brotherhood of Electrical Workers, Local 353, International Brotherhood of Electrical Workers, Local 894 and International Brotherhood of Electrical Workers, Local 1739 on their own behalf, Applicants v. 1086289 Ontario Inc. c.o.b. as Urban Electrical Contractors, Responding Party.
3050-95-G The International Brotherhood of Electrical Workers, Local 353, Applicant v. Volt Electrical Contractors Ltd. and Westbridge Electric Contractors Ltd. and 1086289 Ontario Inc. c.o.b. as Urban Electrical Contractors, Responding Parties.
BEFORE: M. A. Nairn, Vice-Chair.
DECISION OF THE BOARD; January 13, 2000
1These are referrals of grievances in the construction industry brought pursuant to section 133 of the Labour Relations Act, 1995 (the "Act"). Prior to the hearing scheduled for January 10, 2000 in this matter, the parties entered into the following agreement:
OLRB File No. 2754-99-G - and
3050-95-G
IBEW CCO, IBEW 353, IBEW 894 and IBEW 1739
- and -
1086289 Ontario Inc. c.o.b. as Urban Electrical Contractors
The parties agree to adjourn the hearing in the above captioned matter scheduled for January 10, 2000 on the following terms and conditions, to be incorporated in a consent order.
The respondent will make available for inspection by representatives of the applicant at the premises of the respondent’s solicitors on or before January 21, 2000 and will allow the applicant to reproduce documentation for the purposes of the hearing, any and all of the documents listed on Schedule "A" attached hereto. [Schedule "A" filed but not reproduced here.]
The respondent will, if requested by the applicant, attend at the rescheduled hearing with any or all of the documentation as requested.
The respondent will file a response to the grievance as required by the Board’s Rules on or before January 21, 2000.
The hearing is adjourned to February 1, 2000 or to whatever date may subsequently be directed by the Board.
This agreement is without prejudice to the rights of Urban to bring any further appeals and/or application(s) before/to the Ontario Labour Relations Board, or to the courts, and furthermore, is without admission that the applicant enjoys current bargaining rights for Urban.
The applicant/union agrees that until such time as this matter is finally resolved, there will be no disruptions or interference at any job site of Urban. It is further agreed and understood that this agreement is without prejudice to the applicant’s rights under the Labour Relations Act, 1995 and Collective Agreement between IBEW, IBEW CCO and ECAO.
All of which is agreed this 10th day of January, 2000.
"Bob Hill" "Phil Bartuccio"
I.B.E.W./ Urban/Respondent
Applicant/Grievor
per Bob Hill, IBEW CCO.
2Having regard to the above agreement, and to the provisions of section 133 of the Act, the Board hereby:
(i) directs Urban Electrical Contractors to make available for inspection by representatives of the applicant at the premises of the responding party’s solicitors on or before January 21, 2000 and to allow the applicant to reproduce documentation for the purposes of the hearing, any and all of the documents listed on Schedule "A" to the agreement;
(ii) directs Urban Electrical Contractors to attend at the rescheduled hearing with any or all of the documentation if and as requested by the applicant;
(iii) directs Urban Electrical Contractors to file a response to the grievance on or before January 21, 2000.
3These matters are hereby adjourned. The hearing is rescheduled for Tuesday, February 1, 2000, at the Ontario Labour Relations Board in the "Board Room", 2nd Floor, 505 University Avenue, Toronto, Ontario, commencing at 9:30 a.m.
"M. A. Nairn"
for the Board