1251-00-R International Brotherhood of Electrical Workers, Local 1687, Applicant v. 1237017 Ontario Limited, c.o.b. as MCC Ltd., Copper Electric and Marcel Jalbert, Responding Parties.
1252-00-G International Brotherhood of Electrical Workers, Local 1687, Applicant v. 1237017 Ontario Limited, c.o.b. as MCC Ltd. Responding Party.
1255-00-U International Brotherhood of Electrical Workers, Local 1687, Applicant v. 1237017 Ontario Limited, c.o.b. as MCC Ltd., Copper Electric and Marcel Jalbert, Responding Parties.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; October 16, 2000
These files consist of an application for declarations of a sale of a business and a single employer, pursuant to section 69 and 1(4) of the Labour Relations Act; 1995 (the “Act”) an unfair labour practice complaint, and a referral of a grievance in the construction industry.
The parties entered into Minutes of Settlement on October 4, 2000, to resolve the issues among them. In the Minutes, the parties have asked the Board to make certain declarations. The Minutes of Settlement provide:
IN THE MATTER OF an Application Under Section 69 and/or Subsection 1(4) of the Act (OLRB File No. 1251-00-R);
BETWEEN:
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1687 (the “Applicant”)
- and -
1237017 ONTARIO LIMITED, c.o.b as MCC LTD., COPPER ELECTRIC and MARCEL JALBERT (the “Responding Parties”)
AND IN THE MATTER OF an Application Under Section 96 of the Act (OLRB File No. 1255-00-U)
BETWEEN:
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1687 (the “Applicant”)
- and -
1237017 ONTARIO LIMITED, c.o.b as MCC LTD., COPPER ELECTRIC and MARCEL JALBERT (the “Responding Parties”)
AND IN THE MATTER OF a Referral of Grievance to Arbitration (Construction Industry) (OLRB File No. 1252-00-G);
BETWEEN:
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1687 (the “Applicant”)
- and -
1237017 ONTARIO LIMITED, c.o.b as MCC LTD., (the “Responding Party to the Grievance”)
MINUTES OF SETTLEMENT
WHEREAS an Application Under Section 69 and/or Subsection 1(4) of the Act was filed by the Applicant on July 26, 2000 (Board File No. 1251-0O-R) alleging that there had been a sale of a business from MCC Ltd. to Copper Electric and Marcel Jalbert within the meaning of Section 69 of the Labour Relations Act and/or that MCC Ltd., Copper Electric, and Marcel Jalbert constituted a common employer within the meaning of subsection 1(4) of the Act;
AND WHEREAS an Application Under Section 96 of the Act was filed by the Applicant on July 26, 2000 (Board File No. 1255-00-U);
AND WHEREAS a Referral of Grievance to Arbitration (Construction Industry) was flied by the Applicant also on July 26, 2000 (Board File No. 1252-00-G) alleging that MCC Ltd. had breached the Collective Agreement binding it to the Applicant and that as a result certain damages were owed to the Applicant;
AND WHEREAS the parties are desirous of settling all outstanding issues in Board File Nos. 1251-00-R, 1255-00-U and 1252-00-G;
NOW THEREFORE IT IS AGREED AS FOLLOWS:
the Responding Parties agree that there has been a sale of the business from MCC Ltd. to Copper Electric and Marcel Jalbert within the meaning of Section 69 of the Labour Relations Act, and the parties request that the Board so declare with the result that the Collective Agreement binding between the Applicant and MCC Ltd. extends to Copper Electric and Marcel Jalbert;
the Responding Parties agree that MCC Ltd., Copper Electric and Marcel Jalbert constitute a common employer within the meaning of Subsection 1(4) of the Act, and the parties request that the Board so declare and find that the Collective Agreement binding between the Applicant and MCC Ltd. extends also to Copper Electric and Marcel Jalbert;
MCC Ltd., Copper Electric and Marcel Jalbert. are jointly and severally liable to pay to the Applicant $1,000 per month due and payable on the first day of each month commencing on October 1, 2000 and continuing until September 1, 2001:
MCC Ltd., Copper Electric and Marcel Jalbert agree that in the event that any of the payments set out in paragraph 3 above are not made in the time specified in paragraph 3, that the full amount outstanding will immediately become due and payable and in addition MCC Ltd., Copper Electric, and Marcel Jalbert will also be jointly and severally liable for the payment of an additional $50,000 due and payable upon receipt of a letter from the Applicant advising any one of those entities or persons that the amount owned pursuant to paragraph 3 has not been paid in the manner agreed to;
the parties agree to jointly request that the Board make the order set out in paragraphs 1 and 2 above. The parties also agree to request that the Board incorporate these Minutes of Settlement into an award;
it is agreed that these Minutes of Settlement fully and finally resolve all outstanding issues in Board File Nos. 1251-00-R, 1255-00-U and 1252-00-G.
Dated at Timmins this fourth day of October, 2000.
“B. McNamara” “illegible signature”
I.B.E.W. Local 1687 1237017 Ontario Ltd.
c.o.b. as MCC Ltd.
“illegible signature”
COPPER ELECTRIC
____”Marcel Jalbert”
MARCEL JALBERT
Having regard to the parties' agreement the Board makes the following declarations:
There has been a sale of a business, within the meaning of section 69 of the Act, from 1237017 Ontario Limited, c.o.b. as MCC Ltd. to Copper Electric and Marcel Jalbert and the collective agreement binding between the applicant and MCC. Ltd. is also binding on Copper Electric and Marcel Jalbert.
MCC Ltd., Copper Electric and Marcel Jalbert constitute one employer within the meaning of section 1(4) of the Act, and the collective agreement binding between the applicant and MCC. Ltd. is also binding on Copper Electric and Marcel Jalbert.
These matters are hereby terminated.
“Mary Ellen Cummings”
for the Board