Court File and Parties
0894-00-G The Ontario Council of the International Union of Painters and Allied Trades, (formerly known as the International Union of Painters and Allied Trades), District Council 46 (Glaziers Local Union 1819), Applicant v. 853291 Ontario Ltd. o/a G.N.S. Fabrication & G. & S Associates Inc., Responding Parties v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Intervenor.
1933-00-R Ontario Council of the International Union of Painters and Allied Trades, International Union of Painters and Allied Trades, Local 1819 – Glaziers, Applicant v. 853291 Ontario Ltd. o/a G.N.S. Fabrication, G. + S Associates Inc., Responding Parties v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Intervenor.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; May 7, 2001
Decision
1Board File No. 1894-00-G is a referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”). Board File No. 1933-00-R is an application under section 69 and subsection 1(4) of the Act.
2In its decision dated April 4, 2001, the Board set out Minutes of Settlement entered into by the parties to these proceedings with the exception of the intervenor, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 (“Local 721”). The Board directed Local 721 to advise the Board if it had any objections to the Minutes of Settlement and to the Board issuing a consent order incorporating the terms of the Minutes of Settlement. Local 721 has not indicated to the Board that it has any such objection and is therefore deemed to consent to the Board issuing a consent order.
3Having regard to the Minutes of Settlement dated March 15, 2001, the Board hereby:
a) declares that 853291 Ontario Ltd. c.o.b. as G.N.S. Fabrications, G + S Associates Inc. and 841555 Ontario Inc. c.o.b. as G.N.S. Installation are associated or related businesses or activities under common direction and control of Gary Strickland and Stephen Callender and constitute a single employer for the purposes of labour relations;
b) declares that 853291 Ontario Ltd. c.o.b. as G.N.S. Fabrications, G + S Associates Inc. and 841555 Ontario Inc. c.o.b. as G.N.S. Installation are bound by and must observe the Collective Agreement between the Architectural Glass & Metal Contractors Association and the International Union of Painters and Allied Trades and the Ontario Council of the International Union of Painters and Allied Trades effective until April 30, 2001 and any renewals thereof (the “Glaziers Provincial Agreement”);
c) declares that 853291 Ontario Ltd. c.o.b. as G.N.S. Fabrications, G + S Associates Inc. and 841555 Ontario Inc. c.o.b. as G.N.S. Installation acknowledge and agree that as a specialty trade contractor will assign and/or perform work claimed by both Glaziers Local 1819 and Iron Workers Local 721 with a composite crew consisting of equal numbers of members of Glaziers Local 1819 and Iron Workers Local 721 performing all work functions interchangeably in accordance with the Trade Jurisdictional Agreement dated August 13 and 24, 2000;
d) declares that 853291 Ontario Ltd. c.o.b. as G.N.S. Fabrications, G + S Associates Inc. and 841555 Ontario Inc. c.o.b. as G.N.S. Installation violated the Glaziers Provincial Agreement and the Trade Jurisdictional Agreement between Glaziers Local 1819 and Iron Workers, Local 721 dated August 13, and 24, 1999;
e) directs 853291 Ontario Ltd. c.o.b. as G.N.S. Fabrications, G + S Associates Inc. and 841555 Ontario Inc. c.o.b. as G.N.S. Installation, jointly and severally, to pay Glaziers Local 1819 the sum of $50,000.00 as damages. The applicants and the 853291 Ontario Ltd. c.o.b. as G.N.S. Fabrications, G + S Associates Inc. and 841555 Ontario Inc. c.o.b. as G.N.S. Installation agree that no payment of such sum shall be made unless and until 853291 Ontario Ltd. c.o.b. as G.N.S. Fabrications, G + S Associates Inc. and 841555 Ontario Inc. c.o.b. as G.N.S. Installation fail or refuse to assign and perform all work from this date forward claimed by both Glaziers Local 1819 and Iron Workers Local 721 with a composite crew consisting of equal numbers of members of Glaziers Local 1819 and Iron Workers, Local 721 performing all work functions interchangeably.
“John Morgan Lewis”
for the Board