Brick and Allied Craft Union of Canada, Local 12 v. 1266346 Ontario Ltd., 2000 CanLII 2468

Brick and Allied Craft Union of Canada, Local 12 v. 1266346 Ontario Ltd.

0866-99-G Brick and Allied Craft Union of Canada, Local 12, Applicant v. 1266346 Ontario Ltd. o/a Core Masonry and/or Core Masonry Inc.; Armor Masonry & Precast Ltd.; Classic Masonry Inc.; 957891 Ontario Ltd.; Fern-Co Inc.; 981459 Ontario Ltd.; 1011334 Ontario Ltd.; and Luis Trindade, Responding Parties v. Bricklayers, Masons Independent Union of Canada, Local 1; Labourers International Union of North America, Local 183; Masonry Council of Unions Toronto and Vicinity, Intervenors.

0872-99-R Brick and Allied Craft Union of Canada, Local 12, Applicant v. 1266346 Ontario Ltd. o/a Core Masonry and/or Core Masonry Inc.; Armor Masonry & Precast Ltd.; Classic Masonry Inc.; 957891 Ontario Ltd.; Fern-Co Inc.; 981459 Ontario Ltd.; 1011334 Ontario Ltd.; and Luis Trindade, Responding Parties v. Bricklayers, Masons Independent Union of Canada, Local 1; Labourers International Union of North America, Local 183; Masonry Council of Unions Toronto and Vicinity, Intervenors.

0873-99-R Brick and Allied Craft Union of Canada, Local 12, Applicant v. 1266346 Ontario Ltd. o/a Core Masonry and/or Core Masonry Inc.; Armor Masonry & Precast Ltd.; Classic Masonry Inc.; 957891 Ontario Ltd.; Fern-Co Inc.; 981459 Ontario Ltd.; 1011334 Ontario Ltd.; and Luis Trindade and Bricklayers, Masons Independent Union of Canada, Local 1; Labourers International Union of North America, Local 183; Masonry Council of Unions Toronto and Vicinity, Responding Parties.

0874-99-U Brick and Allied Craft Union of Canada, Local 12, Applicant v. 1266346 Ontario Ltd. o/a Core Masonry and/or Core Masonry Inc.; Armor Masonry & Precast Ltd.; Classic Masonry Inc.; 957891 Ontario Ltd.; Fern-Co Inc.; 981459 Ontario Ltd.; 1011334 Ontario Ltd.; and Luis Trindade, Responding Parties v. Bricklayers, Masons Independent Union of Canada, Local 1; Labourers International Union of North America, Local 183; Masonry Council of Unions Toronto and Vicinity, Intervenors.

3858-99-U Brick and Allied Craft Union of Canada (formerly known as the International Union of Bricklayers and Allied Craftsmen); Brick and Allied Craft Union of Canada, Local 5 (formerly known as the International Union of Bricklayers and Allied Craftsmen, Local 5) and Brick and Allied Craft Union of Canada, Local 12 (formerly known as the Interrnational Union of Bricklayers and Allied Craftsmen, Local 12), Applicants v. 1266346 Ontario Ltd. o/a Core Masonry and Prime Masonry and/or Core Masonry Inc.; Armor Masonry & Precast Ltd.; Classic Masonry Inc.; 957891 Ontario Ltd.; Fern-Co Inc.; 981459 Ontario Ltd.; 1011334 Ontario Ltd.; and Luis Trindade, Mary Trindade, Jose Fernandes, Responding Parties.

BEFORE: John Morgan Lewis, Vice-Chair.

DECISION OF THE BOARD; August 21, 2000

1Board File No. 0866-99-G is a referral of a grievance concerning the interpretation, application, administration or alleged violation of a collective agreement to the Board for final and binding determination. Board File No. 0872-99-R is an application filed pursuant to section 69 and subsection 1(4) of the Labour Relations Act, 1995 (the “Act”). Board File No. 0873-99-R is an application for termination of bargaining rights. Board File Nos. 0874-99-U and 3858-99-U are applications filed pursuant to section 96 of the Act.

2The parties have entered into Minutes of Settlement as follows:

Board File Nos. 0866-99-G 0872-99-R 0873-99-R 0874-99-U 3858-99-U

MINUTES OF SETTLEMENT AND REQUEST FOR CONSENT ORDER

Brick and Allied Craft Union of Canada (formerly known as the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftsmen)

• and -

Brick and Allied Craft Union of Canada, Local 5 (formerly known as the International Union of Bricklayers and Allied Craftsmen, Local 5)

• and -

Brick and Allied Craft Union of Canada, Local 12 (formerly known as the International Union of Bricklayers and Allied Craftsmen, Local 12)

Hereinafter collectively referred to as the “Applicants”

Bricklayers, Masonry, Independent Union of Canada, Local 1; Labourers International Union of North America, Local 183 (now Operating as Universal workers Union, Local 183 L.I.U.N.A.); And Masonry Council of Unions Toronto and Vicinity

Hereinafter collectively referred to as the “Intervenors”

• and -

1266346 Ontario Ltd. o/a Core Masonry and Prime Masonry

Hereinafter referred to as “1266346”

• and -

Core Masonry Inc.

Hereinafter referred to as “Core”

• and -

Armor Masonry and Precast Ltd.

Hereinafter referred to as “Armor”

• and -

Classic Masonry Inc.

Hereinafter referred to as “Classic”

• and -

957891 Ontario Ltd.

Hereinafter referred to as “957891”

• and -

Fern-Co Ltd.

Hereinafter referred to as “Fern-Co”

• and -

981459 Ontario Ltd.

Hereinafter referred to as “981459”

• and -

1011334 Ontario Ltd.

Hereinafter referred to as “1011334”

• and -

Luis Trindade

• and -

Mary Trindade

• and -

Jose Fernandes

• and -

Eugene Fernandes

Whereas the Applicants have filed applications forming the subject matter of O.L.R.B. File Nos. 0866-99-G, 0872-99-R, 0873-99-R, 0874-99-U, and 3858-99-U;

And whereas the parties agree to settle these applications as follows and request that the Ontario Labour Relations Board (the “Board”) incorporate the following in a decision of the Board and issue declarations in respect to the matters set out in paragraphs 1, 2, 3 and 5 hereunder and orders in respect to the matter set out in paragraph 4 hereunder;

Therefore, the parties agree as follows:

1. Core, Armor, Classic, 957891, Fern-Co, 981459 and 101134 agree that they each have been and continue to be bound by all of the following collective agreements:

a. The Bricklayers Provincial Collective Agreement entered into between the Masonry Industry Employers Council of Ontario and the Brick and Allied Craft Union of Canada (formerly known as the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftsmen).

b. Brick and Allied Craft Union of Canada, Local 12 Residential Collective Agreement (the successor subsisting agreement to that referred to in decision of the Board dated December 22, 1993).

c. Brick and Allied Craft Union of Canada, Local 5, Residential Collective Agreement (the successor subsisting agreement to that referred to in the decision of the Board dated December 22, 1993).

d. Labourers International Union of North America, Local 1059 Residential Collective Agreement (the successor subsisting agreement to that referred to in the decision of the Board dated December 22, 1993).

e. Labourers International Union of North America, Local 1081 Residential Agreement (the successor subsisting agreement to that referred to in the decision of the Board dated December 22, 1993).

f. Labourers Provincial ICI Agreement effective from May, 1998 to April 2001 (the successor subsisting agreement to that referred to in the decision of the Board dated December 22, 1993).

2. 1266346 agrees that in the event that it either directly or indirectly, becomes engaged in or involved in any manner whatsoever in any work covered by any of the collective agreements referred to in paragraph 1 above, it shall automatically and immediately become bound by all of the terms and conditions of all of the collective agreements referred to in paragraph 1, above.

3The Intervenors agree that they will not seek to enforce or apply bargaining rights with respect to 1266346, Core, Armor, Classic, 957891, Fern-Co, 981459 or 1011334 in respect to work which is covered by the collective agreements defined in paragraphs 1a, b and c.

41266346, Core, Armor, Classic, 957891, Fern-Co, 981459, 1011334, Luis Trindade, Mary Trindade, Jose Fernandes, and Eugene Fernandes shall pay the Applicants the total sum of $4000.00 and that such payments shall be made forthwith by way of certified cheque made payable to Brick and Allied Craft Union of Canada, Local 12.

5. a. If any of 1266346, Core, Armor, Classic, 957891, Fern-Co, 981459 or 1011334, either on its own or in conjunction with either Luis Trindade, Mary Trindade, Jose Fernandes or Eugene Fernandes or as part of a related activity or business within the meaning of Section 1(4) of the Act violates the union security, hiring hall or subcontracting provisions of any of the collective agreements referred to in paragraph 1, the individuals named in paragraph 5(b) shall be immediately liable for the amount indicated in paragraph 5(b); and

The Labour Relations Board or a Board of Arbitration makes a finding that the events described in paragraph 5(a) herein have occurred within 5 years of the date hereof.

The parties agree and acknowledge that all the amounts referred to in paragraph 5(b) shall become due and payable to Labourers International Union of North America, Local 1059 and Brick and Allied Craft Union of Canada, Local 5 equally in addition to any damages that may flow from a Labour Relations Board or an arbitrator’s findings arising out of events described in 5(a) above. All parties irrevocably agree to the Labour Relations Board or Board of Arbitration enforcing these Minutes of Settlement in the course of a hearing to determine if circumstances described in paragraph 5 above have occurred, and further agree that the Board’s findings or an arbitrator’s findings that the circumstances described in paragraph 5(a) and has occurred constitutes a breach of these Minutes of Settlement by the individual Respondent(s) concerned.

b. Luis Trindade $50,000.00 Total on behalf of any named person having violated these terms.

6. The parties agree to request that Senior Labour Relations Officer, Frank Reilly be appointed in order to attempt to resolve any dispute arising under these Minutes of Settlement.

7. Save and except for the enforcement of the terms hereof, the Applicants agree that these terms of settlement are without prejudice to the respective positions of the parties in any proceeding not involving any of the following parties: 1266346 Ontario Ltd. o/a Core Masonry and Prime Masonry; Core Masonry Inc.; Armor Masonry and Precast Ltd.; Classic Masonry Inc.; 957891 Ontario Ltd.; Fern-Co Inc.; 981459 Ontario Ltd.; 1011334 Ontario Ltd.; Luis Trindade; Mary Trindade; Jose Fernandes; and Eugene Fernandes.

Thomas Oldham “Thomas Oldham” . Brick and Allied Craft Union of Canada (formerly known as the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftsmen)

John Haggis “John Haggis” . Brick and Allied Craft Union of Canada Local 5 (formerly known as the International Union of Bricklayers and Allied Craftsmen, Local 5)

Marcel Secours “Marcel Secours” . Brick and Allied Craft Union of Canada Local 12 (formerly known as the International Union of Bricklayers and Allied Craftsmen, Local 12)

John Meiorin “John Meiorin” . Masonry Council of Unions Toronto and Vicinity

Victor Veiga “Victor Veiga” . 1266346 Ontario Ltd. o/a Core Masonry and Prime Masonry

“illegible signature” . Core Masonry Inc.; Armor Masonry and Precast Ltd.; Classic Masonry Inc.; 957891 Ontario Ltd.; Fern-Co Ltd.; 981459 Ontario Ltd.; 1011334 Ontario Ltd.; Luis Trindade; and Mary Trindade

3. Having regard to the Minutes of Settlement, the Board makes the following declarations and orders:

1. declares that Core Masonry Inc. (“Core”); Armor Masonry and Precast Ltd. (“Armor”); Classic Masonry Inc. (“Classic”); 957891 Ontario Ltd. (“957891”); Fern-Co Ltd. (“Fern-Co”); 981459 Ontario Ltd. (“981459”) and 1011334 Ontario Ltd. (“1011334”) are bound to the following collective agreements:

a. The Bricklayers Provincial Collective Agreement entered into between the Masonry Industry Employers Council of Ontario and the Brick and Allied Craft Union of Canada (formerly known as the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftsmen);

b. Brick and Allied Craft Union of Canada, Local 12 Residential Collective Agreement (the successor subsisting agreement to that referred to in decision of the Board dated December 22, 1993);

c. Brick and Allied Craft Union of Canada, Local 5, Residential Collective Agreement (the successor subsisting agreement to that referred to in the decision of the Board dated December 22, 1993);

d. Labourers International Union of North America, Local 1059 Residential Collective Agreement (the successor subsisting agreement to that referred to in the decision of the Board dated December 22, 1993);

e. Labourers International Union of North America, Local 1081 Residential Agreement (the successor subsisting agreement to that referred to in the decision of the Board dated December 22, 1993);

f. Labourers Provincial ICI Agreement effective from May, 1998 to April 2001 (the successor subsisting agreement to that referred to in the decision of the Board dated December 22, 1993);

2. declares that 1266346 agrees that in the event that it either directly or indirectly, becomes engaged in or involved in any manner whatsoever in any work covered by any of the collective agreements referred to in paragraph 1 above, it shall automatically and immediately become bound by all of the terms and conditions of all of the collective agreements referred to in paragraph 1, above;

3. declares that Bricklayers, Masonry, Independent Union of Canada, Local 1; Labourers International Union of North America, Local 183 (now Operating as Universal workers Union, Local 183 L.I.U.N.A.); And Masonry Council of Unions Toronto and Vicinity agree that they will not seek to enforce or apply bargaining rights with respect to 1266346, Core, Armor, Classic, 957891, Fern-Co, 981459 or 1011334 in respect to work which is covered by the collective agreements defined in paragraphs 1a, b and c;

4. orders that 1266346, Core, Armor, Classic, 957891, Fern-Co, 981459, 1011334, Luis Trindade, Mary Trindade, Jose Fernandes, and Eugene Fernandes pay the applicants the sum of $4,000.00 and that such payments be made forthwith by way of certified cheque made payable to Brick and Allied Craft Union of Canada, Local 12;

5. declares that:

a) if any of 1266346, Core, Armor, Classic, 957891, Fern-Co, 981459 or 1011334, either on its own or in conjunction with either Luis Trindade, Mary Trindade, Jose Fernandes or Eugene Fernandes or as part of a related activity or business within the meaning of section 1(4) of the Act violates the union security, hiring hall or subcontracting provisions of any of the collective agreements referred to in paragraph 1, the individuals named in paragraph 5(b) shall be immediately liable for the amount indicated in paragraph 5(b); and

the Labour Relations Board or a Board of Arbitration makes a finding that the events described in paragraph 5(a) herein have occurred within 5 years of the date hereof;

the parties agree and acknowledge that all the amounts referred to in paragraph 5(b) shall become due and payable to Labourers International Union of North America, Local 1059 and Brick and Allied Craft Union of Canada, Local 5 equally in addition to any damages that may flow from a Labour Relations Board or an arbitrator’s findings arising out of events described in 5(a) above. All parties irrevocably agree to the Labour Relations Board or Board of Arbitration enforcing these Minutes of Settlement in the course of a hearing to determine if circumstances described in paragraph 5 above have occurred, and further agree that the Board’s findings or an arbitrator’s findings that the circumstances described in paragraph 5(a) and has occurred constitutes a breach of these Minutes of Settlement by the individual Respondent(s) concerned;

b) Luis Trindade to pay $50,000.00 on behalf of any named person having violated these terms.

“John Morgan Lewis”

for the Board