1303-00-R The Ontario Council of the International Union of Painters and Allied Trades, International Union of Painters and Allied Trades, Local 1819 - Glaziers, Applicants v. Winguard Aluminum Mfg. Ltd. and Winguard International Ltd. and/or 1071863 Ontario Ltd. carrying on business as Zimmcor Toronto, Responding Parties.
1304-00-G The Ontario Council of the International Union of Painters and Allied Trades, International Union of Painters and Allied Trades, Local 1819 - Glaziers, Applicants v. Winguard Aluminum Mfg. Ltd. and Winguard International Ltd. and/or 1071863 Ontario Ltd. carrying on business as Zimmcor Toronto, Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; December 11, 2000
1These are related matters in which the parties have reached a settlement. Board File No. 1303-00-R is an application pursuant to section 69/1(4) of the Labour Relations Act, 1995 (the "Act"), Board File 1304-00-G is a grievance pursuant to section 133 of the Act.
2The parties have signed Minutes of Settlement and Consent Order dated November 15, 2000. Having regard to these Minutes the Board makes the following orders and declarations:
3The Board hereby:
declares that Winguard Aluminum Mfg. Ltd. is bound by the collective agreement between the Architectural Glass & Metal Contractors Association and the International Union of Painters and Allied Trades and the Ontario Council of the International Union of Painters and Allied Trades effective until April 30, 2001 and any renewals thereof;
declares Winguard Aluminum Mfg. Ltd. and Winguard International Ltd. and/or 1071863 Ontario Ltd. carrying on business as Zimmcor Toronto are associated or related businesses or activities under common direction and control of Eli Gibli within the meaning of section 1(4) of the Act and constitute a single employer for the purposes of labour relations;
declares Winguard Aluminum Mfg. Ltd. and/or 1071863 Ontario Ltd. operating as Zimmcor Toronto and/or Winguard International Ltd. are bound by the collective agreement between the Architectural Glass & Metal Contractors Association and the International Union of Painters and Allied Trades and the Ontario Council of the International Union of Painters and Allied Trades as a single employer;
declares that Winguard Aluminum Mfg. Ltd. and Winguard International Ltd. and/or 1071863 Ontario Ltd. carrying on business as Zimmcor Toronto has violated the collective agreement at the Peel Regional Police Station, Pearson International Airport;
orders Winguard Aluminum Mfg. Ltd. and Winguard International Ltd. and/or 1071863 Ontario Ltd. carrying on business as Zimmcor Toronto to pay to the applicant forthwith damages in the amount of $5,000.00 for the above violation
4The Board notes paragraphs 4, 5 and 7 of the Settlement sets out the agreement of the parties with respect to a number of matters. The Board refers the parties to section 96(7) of the Act which is applicable to these undertakings:
- (7) Where a proceeding under this Act has been settled, whether through the endeavours of the labour relations officer or otherwise, and the terms of the settlement have been put in writing and signed by the parties or their representatives, the settlement is binding upon the parties, the trade union, council of trade unions, employer, employers' organization, person or employee who have agreed to the settlement and shall be complied with according to its terms, and a complaint that the trade union, council of trade unions, employer, employers' organization, person or employee who has agreed to the settlement has not complied with the terms of the settlement shall be deemed to be a complaint under subsection (1).
"Inge M. Stamp"
for the Board