0630-00-R Sheet Metal Workers’ International Association, Local 235, Applicant v. Galbro Construction Services Inc.; 450928 Ontario Limited, c.o.b. The Gallant Contracting Company (formerly c.o.b. Olympic Mechanical); Olympic Mechanical Contractors Inc., Responding Parties.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; June 8, 2000
1. This is an application under section 133 of the Labour Relations Act, 1995. The parties have filed with the Board Minutes of Settlement dated May 18, 2000
which read as follows:
BEFORE THE ONTARIO LABOUR RELATIONS BOARD
Between:
Sheet Metal Workers’ International Association, Local 235
Applicant.
- and –
Galbro Construction Services Inc.
450928 Ontario Limited c.o.b. The Gallant Contracting
Company, (formerly c.o.b. Olympic Mechanical)
Olympic Mechanical Contractors Inc.
Respondents.
MINUTES OF SETTLEMENT
WHEREAS the Sheet Metal Workers’ International Association, Local 235 filed a grievance against Galbro Construction Services Inc. alleging that a) it is bound to the collective agreement between the Ontario Sheet Metal and Air Handling Group and the Sheet Metal Workers’ International Association and the Ontario Sheet Metal Workers’ Conference, effective from May 1, 1998 until April 30, 2001 and any renewals thereof (hereinafter referred to as the
“collective agreement”) and b) failed or refused to subcontract work covered under the collective agreement to a contractor bound to the collective agreement;
AND WHEREAS the parties are desirous of fully and finally settling all matters in relation to the above-noted file number;
THE PARTIES AGREE as follows:
1. 450928 cob as The Gallant Contracting Company (formerly c.o.b. Olympic Mechanical and hereinafter referred to as “Gallant”) is bound to the collective agreement between the Ontario Sheet Metal and Air Handling Group and the Sheet Metal Workers’ International Association and the Ontario Sheet Metal Workers’ Conference, effective from May 1, 1998 until April 30, 2001 and any renewals thereof (hereinafter referred to as the “collective agreement”).
2. 450928 cob as The gallant Contracting Company (formerly c.o.b. Olympic Mechanical), Galbro Construction Services Inc. and Olympic Mechanical Contractors Inc. agree that they are engaged in related activities under common control and direction and are related employers pursuant to section 1(4) of the Labour Relations Act and as a result Galbro Construction Services Inc. and Olympic Mechanical Contractors Inc. are bound by operation of law to the collective agreement and the parties request that the OLRB so declare.
3. Gallant, Galbro and Olympic warrant and represent that, with respect to the performance of sheet metal work, they are not engaged in any other associated or related businesses or activities and do not control or direct any other associated or related activities or businesses and has not sold any business or part of a business to any other entity. It further agrees that any or all such associated or related entity under common control or successor entities to 450928 cob as The Gallant Contracting Company (formerly c.o.b. Olympic Mechanical), Galbro Construction Services Inc. and 450928 cob as Olympic Mechanical Ltd. are and/or will be bound by any and all agreements and declarations referenced herein.
Dated at Windsor this 18 day of May, 2000.
(“Jerry Raso”)
For the Applicant Union
(“Anthony Gallant”)
For the Respondent
Galbro Construction Services Inc.
(“Anthony Gallant”)
450928 cob as The Gallant Contracting Company
(“Anthony Gallant”)
Olympic Mechanical Contractors Inc.
2. Having regard to the Minutes of Settlement, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.
“Inge M. Stamp”
for the Board