International Union of Bricklayers and Allied Craftworkers, Local 6 v. Marathon-Delco Inc.
2000-99-G International Union of Bricklayers and Allied Craftworkers, Local 6, Applicant v. Marathon-Delco Inc., Responding Party.
3109-99-R International Union of Bricklayers and Allied Craftworkers, Local 6, Applicant v. Marathon-Delco Inc., Marathon Construction Services (1991) Inc., 245 Ouellette Ave. Investments Ltd., 608322 Ontario Inc., Al Fanelli Construction Co. Ltd., 308237 Ontario Limited, Marathon Construction Inc., 782647 Ontario Limited, Mario Mancini Contractors Ltd., Responding Parties.
3262-00-G International Union of Bricklayers and Allied Craftworkers, Local 6, Applicant v. Marathon-Delco Inc., Responding Party.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; April 23, 2001
Board File No. 3109-99-R is an application under section 69 and 1(4) of the Labour Relations Act, 1995, S.O. 1995, c.1 (the “Act”) for declaratory and other relief. Board File Nos. 2000-99-G and 3262-00-G are both referrals of a grievance to the Board for determination under section 133 of the Act.
The parties entered into the following Memorandum of Settlement in respect of these matters:
MEMORANDUM OF SETTLEMENT
Between:
International Union of Bricklayers and Allied Craftworkers, Local 6
(the “Union”)
- and -
Marathon Delco Inc.
(the “Employer”)
IN THE MATTER OF BOARD FILES: 2000-99-G
3262-00-G
3109-99-R
WHEREAS the Union filed an Application pursuant to Sections 1(4) and 69 of the Act alleging that Marathon Delco Inc., Marathon Construction Services (1991) Inc., 245 Ouellette Avenue Investments Ltd., 608322 Ontario Inc., Al Fanelli Construction Co. Ltd., 308237 Ontario Limited, Marathon Construction Inc., 782647 Ontario Limited and Mario Mancini Contractors Ltd., are common employers and/or successor employers within the meaning of the Act;
AND WHEREAS the Union filed a grievance against the responding parties in the above-noted Section 1(4) and 69 Application, bearing Board File Nos. 2000-99-G and 3262-00-G;
AND WHEREAS the grievance insofar as it relates to the Hotel Dieu Hospital Project has been determined in part by the Board, and the Board has determined that damages owing to the Union up to June 23, 2000, total $169,695.70;
AND WHEREAS following a number of Court Applications, Marathon Delco Inc. was ordered to pay costs to the Union, an amount of $9,500.00;
AND WHEREAS the Union continues to have a claim under the Grievance Referrals referred to above (Board Files 2000-99-G and 3262-00-G) in respect of additional damages for work performed at the Hotel Dieu Hospital Project, Windsor Utilities Commission, Legacy Park Project and the Royal Bank Project (245 Ouellette Avenue);
AND WHEREAS the Board has determined that Marathon Delco Inc., Marathon Construction Services (1991) Ltd., Mario Mancini Contractors Ltd., 608322 Ontario Inc. and 782647 Ontario Limited are related employers within the meaning of Section 1(4) of the Act, and are bound to the Bricklayers provincial collective agreement;
AND WHEREAS the Board has not yet determined whether 245 Ouellette Avenue Investments Limited, 308237 Ontario Limited, Marathon Construction Inc. or Al Fanelli Construction Co. Ltd. are related employers to Marathon Delco Inc. within the meaning of Section 1(4) of the Act, or are successors to Marathon Delco Inc. within the meaning of Section 69 of the Act;
AND WHEREAS the Union has asserted that Al Fanelli c.o.b. as Marathon Construction Company is a related employer within the meaning of Section 1(4) of the Act to Marathon Delco Inc. and/or a successor to Marathon Delco Inc., but has not yet filed an application with the Board;
AND WHEREAS the parties are desirous of settling the current Board proceeding;
AND WHEREAS the Brick Employment Bargaining Agency participated in the Judicial Review proceedings and were awarded costs, which are not dealt with in this settlement.
Now therefore the parties agree as follows:
1.
a. Marathon Delco Inc. will pay to the Union, by way of certified cheque, the sum of ninety thousand dollars ($90,000.00) within 10 days of execution of these Minutes of Settlement.
b. The Union agrees to pursue the garnishment against the Hospital.
c. If the Union is successful in recovering payment pursuant to the garnishment, the Union shall be entitled to a further sum of ten thousand dollars ($10,000.00), which sum shall be paid out of the garnishment proceeds.
- The sum referred to in paragraph 1 above shall be in full settlement of all amounts owed by Marathon Delco Inc. pursuant to the Board Decision in the Grievance Referrals (Board Files: 2000-99-G and 3262-00-G), all costs awarded by the Court in the Judicial Review Applications, and all claims outstanding in the Grievance Referrals as against Marathon Delco Inc. or any of the other responding parties