1449-01-G United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 853, Applicant v. 1327891 Ontario Ltd. c.o.b. as Maximum Fire Protection Systems, Responding Party.
1450-01-R United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 853, Applicant v. W.R. Hobbs Fire Protection Ltd. and 1327891 Ontario Ltd. c.o.b. as Maximum Fire Protection Systems, Responding Parties.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; December 7, 2001
Board File No. 1449-01-G is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended ("the Act"). Board File No. 1450-01-R is an Application under Section 69 and/or Subsection 1(4) of the Act (Sale of Business and/or Related Employer).
The parties entered into the following Minutes of Settlement:
OLRB File No. 1449-01-G and OLR File No. 1450-01-R
MINUTES OF SETTLEMENT
Between:
UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING
INDUSTRY OF THE UNITED STATES AND CANADA, LOCAL UNION 853
(the “Applicant”
- and –
W.R. HOBBS FIRE PROTECTION LTD.
- and –
1327891 ONTARIO LTD. C.O.B. AS MAXIMUM FIRE PROTECTION SYSTEMS
(the “Responding Parties”)
WHEREAS the Applicant has filed an application under Section 69 and/or Subsection 1(4) of the Labour Relations Act, 1995 (OLRB File No. 1450-01-R) at the Ontario Labour Relations Board and has also referred a grievance to arbitration before the Ontario Labour Relations Board (OLRB File No. 1449-01-G); and
WHEREAS the Applicant and the Responding Parties wish to resolve these matters;
NOW THEREFORE the parties to this memorandum of settlement agree as follows:
The parties request that the Ontario Labour Relations Board issue these Minutes of Settlement as a decision of the Board.
W.R. Hobbs Fire Protection Ltd. was bound by the terms and conditions of the National Road Sprinkler Fitter Agreement between the Canadian Automatic Sprinkler Association and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Unions 56, 179, 254, 488, 496, 740, 799 and 853 and by the terms and conditions of the National Sprinkler Fabrication Agreement between the Canadian Automatic Sprinkler Association and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Unions 56, 179, 254, 488, 496, 740, 799 and 853 (the “Collective Agreements”).
W.R. Hobbs Fire Protection Ltd. and 1327891 Ontario Ltd. cob as Maximum Fire Protection Systems, constitute one employer pursuant to Subsection 1(4) of the Labour Relations Act, 1995.
In consequence of the agreement set out in paragraph 3 above, 1327891 Ontario Ltd. cob as Maximum Fire Protection Systems is bound by the terms and conditions of the two Collective Agreements set out in paragraph 2 above.
The Applicant hereby seeks leave of the Board to withdraw the referral of grievance to arbitration (OLRB File No. 1449-01-G).
The effective date of these Minutes of Settlement is October 5, 2001.
For the Applicant UNITED ASSOCIATION OF
JOURNEYMEN AND PPRENTICES
OF THE PLUMBING AND PIPE-
FITTING INDUSTRY OF THE UNITED STATES AND CANADA, LOCAL UNION 853
(“George Downs”)
George Downs
For the Responding Parties W.R. HOBBS FIRE PROTECTION
(“Bill Hobbs”)
William R. Hobbs
1327891 ONTARIO LTD. COB AS MAXIMUM FIRE PROTECTION SYSTESM
(“Bill Hobbs”)
William R. Hobbs
(I have authority to bind the Corporation)
Having regard to the Minutes of Settlement, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.
Having regard to the Minutes of Settlement the application in Board File No. 1449-01-G is withdrawn with leave of the Board.
“Inge M. Stamp”
for the Board