2464-99-G I.B.E.W. Construction Council of Ontario and International Brotherhood of Electrical Workers, Local 894, Applicants v. Columbus Electrical Contractors division of 1064186 Ontario Limited, Karlin Investments Ltd., Northview Electrical Contractors division of 697235 Ontario Limited, Responding Parties.
BEFORE: M. A. Nairn, Vice Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; January 28, 2000
1The applicants have referred a grievance concerning the interpretation, application, administration or alleged violation of a collective agreement to the Board for final and binding determination.
2Prior to the hearing in this matter the parties entered into the following Minutes of Settlement/Consent Order:
O.L.R.B. File No. 2464-99-G
I.B.E.W. CONSTRUCTION COUNCIL OF ONTARIO
INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS, LOCAL 894
Applicants
- and
COLUMBUS ELECTRICAL CONTRACTORS, division of
1064186 ONTARIO LIMITED
KARLIN INVESTMENTS LTD.
NORTHVIEW ELECTRICAL CONTRACTORS, division of
697235 Ontario Ltd.
Responding Parties
MINUTES OF SETTLEMENT
CONSENT ORDER
WHEREAS the Applications for Termination of Bargaining Rights captioned as O.L.R.B. File Nos. 0149 R-98-R and 0432-98-R have been withdrawn by the Applicant Kirk Rowe therein;
AND WHEREAS the parties to the above-captioned Referral of Grievance to Arbitration each agree with each other in full and final settlement of their differences relating to the grievance dated October 27, 1999 referred to arbitration pursuant to section 133 of the Labour Relations Act, 1995 ("the Act") on November 16, 1999, the Parties request that the Ontario Labour Relations Board issue the following findings of fact, Declarations and Orders:
Columbus Electrical Contractors, division of 1064186 Ontario Limited, Karlin Investments Ltd. and Northview Electrical Contractors, division of 697235 Ontario Ltd. are associated or related businesses or activities under common direction and control within the meaning of section 1(4) of the Act and constitute a single employer for the purposes of labour relations (hereinafter collectively referred to as "the Employer").
The Employer is bound by the Principal Agreement between the International Brotherhood of Electrical Workers and the I.B.E.W. Construction Council of Ontario and the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario effective until April 30, 2001 ("the Principal Agreement").
For the purposes of the Principal Agreement, the Employer is a contractor resident within the territorial jurisdiction of International Brotherhood of Electrical Workers, Local 353. Accordingly, in respect of any work performed within the territorial jurisdiction of International Brotherhood of Electrical Workers, Local 894, the Employer is a "non-resident contractor" within the meaning of section 702 of the Principal Agreement and accordingly may bring only one (1) member of the International Brotherhood of Electrical Workers to perform work covered by the Collective Agreement within the territorial jurisdiction of I.B.E.W. Local 894 in the absence of prior arrangements with the Business Manager. The Employer must register the member of the I.B.E.W. at the I.B.E.W. Local 894 Local Office to work within I.B.E.W. Local 894 territorial jurisdiction and such I.B.E.W. member will be issued a Working Card. It is understood and agreed that this provision applies to the employment of any tradesman on site within the territorial jurisdiction of I.B.E.W. Local 894 including but not limited to William Doherty, Murray Shewen and/or Kirk Rowe and/or any other non-I.B.E.W. Local 894 member. The parties agree that should there be any violation of this provision in the future the Employer shall be liable to pay the amount of $10,000.00 for each and every violation of this nature prior to May 1, 2001 and this obligation will be enforceable pursuant to section 96(7) of the Act.
The Employer shall pay to the I.B.E.W. Construction Council of Ontario the sum of $15,000.00 in accordance with the following payment schedule:
(a) $2,000.00 on or before December 15, 1999;
(b) $2,000.00 on or before January 15, 2000;
(c) $2,000.00 on or before February 15, 2000,
(d) $2,000.00 on or before March 15, 2000;
(e) $2,000.00 on or before April 15, 2000;
(f) $2,000.00 on or before May 15, 2000;
(g) $2,000.00 on or before June 15, 2000; and
(h) $1,000.00 on or before July 15, 2000.
In the event that the Employer defaults in making any of the payments listed above such that such payment is not received on or before the listed due date, all remaining payments shall become due and payable immediately and this obligation shall be enforceable pursuant to section 96(7) of the Act.
- In circumstances of any future violation of the Principal Agreement by the Employer relating to the employment of tradespersons who are not members of the International Brotherhood of Electrical Workers and employed in accordance with the Union Security Provisions of the Principal Agreement and/or contracting or subcontracting or sublet directly or indirectly contrary to Articles 403 and 505 of the Principal Agreement, occurring at any time prior to May 1, 2001 the Employer shall pay the following:
(a) should the measure of damages be less than $10,000.00 in respect of the aforementioned violations of the Principal Agreement, in respect of each violation, the Employer shall pay a minimum sum of $10,000.00 to the I.B.E.W. Construction Council of Ontario with respect to each violation forthwith upon the issuance of an Order by the Ontario Labour Relations Board; and/or
(b) in circumstances where each violation of the aforementioned provisions of the Principal Agreement total damages in excess of $10,000.00, the Employer shall pay to the I.B.E.W. Construction Council of Ontario the sum of $10,000.00 plus the amount of damages in respect of each violation of the Principal Agreement.
(c) This obligation shall be enforceable pursuant to section 96(7) of the Act.
- The entirety of these Minutes of Settlement and Consent Orders are enforceable pursuant to Section 96(7) of the Act.
DATED AT TORONTO THIS 6th DAY OF January 2000
I.B.E.W. CONSTRUCTION COUNCIL OF ONTARIO “Bill Martindale” Bill Martindale
COLUMBUS ELECTRICAL CONTRACTORS division of 1064186 Ontario Limited “Illegible Signature”
INTERNATNIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 353 “Michael J.Oram” Michael J. Oram
KARLIN INVESTMENTS LTD. “Illegible Signature”
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 894 “Terry Kelsey’ Terry Kelsey
NORTHVIEW ELECTRICAL CONTRACTORS division of 697235 Ontario Ltd. “Illegible Signature”
3Having regard to the Minutes of Settlement, to the representations before it and pursuant to section 133 of the Labour Relations Act, 1995, the Board makes the following determination:
(i) declares that Columbus Electrical Contractors division of 1064186 Ontario Limited, Karlin Investments Ltd., and Northview Electrical Contractors division of 697235 Ontario Limited are associated or related businesses or activities under common direction and control within the meaning of section 1(4) of the Act and constitute a single employer for the purposes of labour relations;
(ii) declares that Columbus Electrical Contractors division of 1064186 Ontario Limited, Karlin Investments Ltd., and Northview Electrical Contractors division of 697235 Ontario Limited are bound by the Principal Agreement between the International Brotherhood of Electrical Workers and the I.B.E.W. Construction Council of Ontario and the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario effective until April 30, 2001 ("the Principal Agreement").
4We note that the parties agree that the entirety of the Minutes of Settlement and consent orders are enforceable pursuant to section 96(7) of the Act.
“M. A. Nairn
for the Board