1652-00-R Carpenters and Joiners Local 494 United Brotherhood of Carpenters and Joiners of America, Applicant v. Crystaplex Plastics Ltd. and Athletica, Inc., Responding Parties.
1653-00-G Carpenters and Joiners Local 494 United Brotherhood of Carpenters and Joiners of America, Applicant v. Crystaplex Plastics Ltd. and Athletica, Inc., Responding Parties.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; October 13, 2000
These are two related matters; Board File No. 1652-00-R is an application for declaratory relief under sections 69 and 1(4) of the Labour Relations Act, 1995, S.O. 1995, c. 1 (the “Act”) that would result in the responding parties being bound to the provincial agreement by which the applicant is bound and Board File No. 1653-00-G is a referral of a grievance to the Board for determination under section 133 of the Act.
The parties have entered into Minutes of Settlement, dated October 3, 2000 which resolved all the issues among them. The Minutes provide:
Board File No’s. 1652-00-R
1653-00G
ONTARIO LABOUR RELATIONS BOARD
BETWEEN:
United Brotherhood of Carpenters and Joiners of America, Local 494,
Applicant
- and -
Crystaplex Plastics Ltd. and Athletica Inc.
Responding Parties.
The parties to the above matters agree to resolve their differences in the following manner:
The Responding Party “Athletica Inc.” agrees that it is the successor employer within the meaning of section 69 of the Act, to Crystaplex Plastics Ltd. and is bound to the Collective Agreement between the Carpenters’ Employer Bargaining Agency (E.B.A.) and the Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America (C.D.C.) effective May 1st, 1998 to April 30th, 2001.
The Responding Party “Athletica Inc.” agrees to pay to the Applicant the sum of four thousand ($4,000.00) dollars, said payment to be made no later than fourteen (14) days from the date of signing.
The parties agree to and request that the Board make the above declarations and orders and issue them as a consent order.
Dated at Toronto this 3rd day of October, 2000.
“David Battel” “Jack McDowell”
David Battel Jack McDowell
Having regard to the agreement of the parties, the Board makes the following declarations and orders:
declares that Athletica Inc. is the successor employer within the meaning of section 69 of the Act to Crystaplex Plastics. Ltd. and is bound to the collective agreement between the Carpenters' Employer Bargaining Agency and the Carpenters' District Council of Ontario, United Brotherhood of Carpenters and Joiners of America, effective from May 1, 1998 to April 30, 2001.
orders Athletica Inc. to pay $4,000.00 to the applicant.
These matters are hereby terminated.
“Mary Ellen Cummings”
for the Board