United Steelworkers of America v. Mega Blow Moulding Limited, 2001 CanLII 10256

United Steelworkers of America v. Mega Blow Moulding Limited

File Nos.: 1010-01-U; 1017-01-R Date: August 17, 2001 Ontario Labour Relations Board

Between: United Steelworkers of America, Applicant v. Mega Blow Moulding Limited, a.k.a. Mega Blow Mouldings Ltd., Bomatic Inc., Leslie Gerendasi and Hussain Yasin, Responding Parties.

And Between: United Steelworkers of America, Applicant v. Mega Blow Moulding Limited, a.k.a. Mega Blow Mouldings Ltd., Bomatic Inc., Responding Party.

Before: Mary Anne McKellar, Vice-Chair.

Decision of the Board

1. These are applications under sections 69, 1(4) and 96 of the Labour Relations Act, 1995 ("the Act").

2. Prior to the hearing in this matter the parties (with the exception of Mega Mouldings Ltd.) entered into the following Minutes of Settlement:

MINUTES OF SETTLEMENT

BETWEEN

United Steelworkers of America

Applicant

• and -

Mega Blow Moulding Limited, a.k.a. Mega Blow Mouldings Ltd., Bomatic Inc., Leslie Gerendasi and Hussain Yasin

Responding Parties

WHEREAS the United Steelworkers of America ("the Union") has filed Applications dated July 4, 2001 before the Ontario Labour Relations Board under section 69 and subsection 1(4) of the Labour Relations Act, 1995 ("the Act"), and under section 96 of the Act, under file numbers yet to be assigned;

AND WHEREAS the Union has alleged that there has been a sale of business within the meaning of the Act from Mega Blow Moulding Limited, a.k.a. Mega Blow Mouldings Limited ("Mega Blow Mouldings"), to Bomatic Inc., or that Mega Blow Moulding Limited, a.k.a. Mega Blow Mouldings Limited and Bomatic Inc. constitute a related employer within the meaning of the Act;

AND WHEREAS the Union has also alleged unfair labour practices against the Responding Parties in which it claims damages, including the payment of union dues;

AND WHEREAS the parties wish to resolve these matters without the necessity for a hearing;

NOW THEREFORE the parties agree as follows, to be incorporated into a [sic] Order to be issued by the Ontario Labour Relations Board:

1. Bomatic Inc. acknowledges that there has been a foreclosure of the assets of Mega Blow Moulding Limited, and that Bomatic Inc. is the successor employer to Mega Blow Mouldings, within the meaning of the Act.

2. Bomatic Inc. agrees that it is bound to the collective agreement between Mega Blow moulding [sic] Ltd. And United Steelworkers of America on Behalf of Local 9042, effective January 1, 2000 to December 31, 2002, and agrees that it will abide by the said collective agreement.

3. Bomatic Inc. agrees that the amount of union dues in arrears by Mega Blow Moulding Limited is $8,000.00, and that it will pay this amount to the union immediately by certified cheque.

4. The Union agrees that it will withdraw its Applications to the Ontario Labour Relations Board once the amount referred to in paragraph 3 has been paid. The Union acknowledges that it has no outstanding claims against the responding parties as at date of this settlement.

DATED at Mississauga, this 1st day of August 2001.

"illegible signature" "illegible signature"

FOR BOMATIC INC. FOR THE UNION

"Leslie Gerendasi"

LESLIE GERENDASI

"Hussain Yasin"

HUSSAIN YASIN

3. Having regard to the Minutes of Settlement, the Board makes the following determinations and observations:

4. that Bomatic Inc. is the successor employer to Mega Blow Mouldings Ltd., within the meaning of the Act; and

5. that Bomatic Inc. is bound to the collective agreement between Mega Blow Mouldings Ltd. and the USWA on Behalf of Local 9042, effective January 1, 2000 until December 31, 2002;

6. that Bomatic Inc. has agreed to pay to the applicant $8,000.00 by certified cheque; and

7. that the Union has agreed to withdraw these applications once the amount referred to in paragraph 3 has been paid and acknowledges that it has no outstanding claims against the responding parties as of August 1, 2001.

"Mary Anne McKellar"

for the Board