Sheet Metal Workers’ International Association, Local 30 v. Don Truax Sheet Metal Ltd. and Don C. Truax, c.o.b. as Don Truax Heating
File No.: 3209-99-R Date: February 23, 2000
Before: Harry Freedman, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; February 23, 2000
1This is an application under sections 69 and 1 (4) of the Labour Relations Act, 1995, S.O. 1995, c. 1 as amended (the "Act") for declaratory and other relief. The applicant in schedule A to its application set out the following facts:
a) Don Truax Sheet Metal Ltd. is an Ontario Corporation formed on January 3, 1999. Its President is Mr. Don C. Truax.
b) On November 12, 1992, the Ontario Sheet Metal Workers’ & Roofers’ Conference and the Applicant were certified as bargaining agent of all journeymen sheet metal workers and sheet metal apprentices in the employ of Don Truax Sheet Metal Ltd. in the ICI sector of the construction industry in the Province of Ontario.
c) Don Truax Sheet Metal Ltd. is bound by the collective agreement between the Ontario Sheet Metal and Air Handling Group and the Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference, effective from May 1, 1998, until April 30, 2001 (“the Collective Agreement”).
d) Don C. Truax c.o.b. as Don Truax Heating is a sole proprietorship whose business name was registered under the Business Names Act on November 24, 1998.
e) Don Truax Sheet Metal Ltd. has operated a sheet metal business in the ICI sector of the construction industry in the past but is presently inactive. Don C. Truax c.o.b. as Don Truax Heating also operates a sheet metal business in the ICI sector of the construction industry.
f) Don C. Truax exercised managerial control over Don Truax Sheet Metal Ltd. while it was active. Don C. Truax also exercises managerial control over Don C. Truax c.o.b. as Don Truax Heating.
g) In the fall of 1999, Don C. Truax c.o.b. as Don Truax Heating was employing individuals who were not members of the Applicant to perform work covered by the Collective Agreement.
h) On December 10, 1999, the Applicant filed a grievance against Don Truax Sheet Metal Ltd. and Don C. Truax, c.o.b. as Don Truax Heating alleging that they had violated the Collective Agreement by employing individuals who were not members of the Applicant to perform work covered by the Collective Agreement.
i) On January 26, 2000, the Applicant and the Responding Parties entered into a memorandum of agreement settling the grievance wherein Don Truax Sheet Metal Ltd. and Don C. Truax, c.o.b. as Don Truax Heating acknowledged that they were related employers pursuant to s. 1(4) of the Labour Relations Act, 1995 (“the Act”), and that they were bound to the Collective Agreement. The Responding Parties also acknowledged that they had violated the Collective Agreement.
We note that the Notice to Employees of the application was posted fixing a terminal date of February 14, 2000. Nothing has been filed in response to that notice. Furthermore, the responding parties did not file a response to the application. Indeed, the principal of the responding parties advised the Board that he “agrees with everything set forth to me and do not disagree with the papers or forms that was sent to me on February 2, 2000.”
2Therefore, the Board is satisfied, pursuant to Rule 41 of the Board’s Rules of Procedure, and based on the note sent to the Board by the principal of the responding parties, that the responding parties have accepted all of the facts stated in the application.
3The Board therefore declares, pursuant to section 1 (4) of the Act, that the responding parties carry on associated or related activities under common control and direction, and in the exercise of its discretion, declares that Don Truax Sheet Metal Ltd. and Don C. Truax c.o.b. Don Truax Heating are one employer for purposes of the Act, effective January 26, 2000. Furthermore, as one employer, both Don Truax Sheet Metal Ltd. and Don C. Truax c.o.b. Don Truax Heating are bound by the collective agreement between Ontario Sheet Metal and Air Handling Group and the Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference which expires April 30, 2001.
“Harry Freedman”
for the Board