International Union of Operating Engineers, Local 793 v. Falco Cranes
File Nos.: 3891-99-G, 3892-99-G Date: October 26, 2000
3891-99-G International Union of Operating Engineers, Local 793, Applicant v. Falco Cranes, Responding Party v. Crane Rental Association of Ontario, Intervenor #1 v. Sarnia Construction Association, Intervenor #2.
3892-99-G International Union of Operating Engineers, Local 793, Applicant v. Sarnia Crane Limited, Responding Party v. Crane Rental Association of Ontario, Intervenor #1 v. Sarnia Construction Association, Intervenor #2.
BEFORE: Inge M. Stamp, Vice-Chair.
APPEARANCES: S.B.D. Wahl, K. Lew and B. Knight for the applicant; Erin R. Kuzz and P. Falconer for Falco Cranes; Erin R. Kuzz and J. Sherman for Sarnia Cranes Limited; Jeffrey Murray and Vello Medri for Crane Rental Association of Ontario; Erin R. Kuzz, B. W. Binning, A. Pilat and R. Curran for Sarnia Construction Association.
DECISION OF THE BOARD; October 26, 2000
1These are referrals of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995 (“the Act”).
2These matters were scheduled for hearing before the Board on October 24 and 25, 2000. On the second day of hearing the parties to these proceedings agreed to resolve the issues between them by agreeing to the following declaration:
DECLARATION:
The Operating Engineers’ Provincial Agreement as currently worded requires the Crane and Equipment Rental business of Sarnia Crane Limited and Falco Cranes (and their successor companies) to observe the provisions of Schedule “A” throughout Ontario, including Lambton County.
ESTOPPEL:
In view of the practice to apply Schedule “F” in respect of Crane and Equipment Rental business in Lambton County by Sarnia Cranes Limited and Falco Cranes over the past twenty-one (21) years, the IUOE, Local 793 acknowledges that the legal principle of estoppel applies to permit the application of Schedule “F” to the Crane and Equipment Rental business in and out of Lambton County for Sarnia Cranes Limited and Falco Cranes (and their successor companies) until the end of the operation of the current Provincial Agreement (expiry April 30, 2001), as extended by the operation of the Ontario Labour Relations Act. Sarnia Cranes Limited and Falco Cranes (and their successor companies) acknowledge their obligation to continue to pay the wage and benefit rates under Schedule “A” for Crane and Equipment Rental business work performed outside Lambton County.
3Having regard to the above, these applications are hereby terminated.
“Inge M. Stamp”
for the Board