International Brotherhood of Electrical Workers, Construction Council of Ontario v. Allco Electric Ltd.
File Nos.: 3481-00-U, 3849-00-R, 0981-01-G, 0982-01-R Date: October 17, 2001 Ontario Labour Relations Board
Between: International Brotherhood of Electrical Workers, Construction Council of Ontario, Applicant v. Allco Electric Ltd., Responding Party. (3481-00-U)
Peter Yawney, Applicant v. International Brotherhood of Electrical Workers, Construction Council of Ontario, Responding Party v. Allco Electrical Ltd., Intervenor. (3849-00-R)
I.B.E.W. Construction Council of Ontario and International Brotherhood of Electrical Workers, Local 402, Applicant v. Allco Electrical Ltd. and/or Granite Electrical Ltd., Responding Parties. (0981-01-G)
International Brotherhood of Electrical Workers Construction Council of Ontario, Applicant v. Allco Electrical Ltd. and Granite Electrical Ltd., Responding Parties. (0982-01-R)
Appearances: Peter Yawney on behalf of himself (only on July 3, 2001); Ursula Boylan, Bob Hill and Serge Ayotte for I.B.E.W. Construction Council of Ontario; R. W. Johansen and Kent Trimble for Allco Electrical Ltd. and Granite Electrical Ltd.
Before: Inge M. Stamp, Vice-Chair.
Decision of the Board
1These are related matters. On the day scheduled for continuation of the applications in Board File Nos. 3481-00-U and 3849-00-R the parties who attended at the hearing met with the Labour Relations Officer and were able to resolve all outstanding issues in the above noted files.
2The following disposition of the above noted matters reflects the Minutes of Settlement signed by the parties attending today's hearing and filed with the Board.
3481-00-U Application under Section 96 of the Act (Unfair Labour Practice)
3Withdrawn by leave of the Board.
3849-00-R Application for Termination of Bargaining Rights under Section 63 or 132 of the Act, Construction Industry
4For the record the Board notes that the applicant in this termination application, Peter Yawney, did not appear at the continuation of this matter today, October 16, 2001, or at the last day of hearing which took place on July 4, 2001.
5The Board's notices clearly put parties on notice that if a party does not participate the application will be decided in the absence of a party without any further notice to such party.
6The responding party has withdrawn its challenges to the voters list. The parties attending at the hearing on October 16, 2001, agreed that the eligible voters are: Sergio Chiodo, Jim McLean, Peter Yawney and Steve Yawney.
7On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party.
8The Board declares that the responding party no longer represents the employees of Allco Electrical Ltd. for whom it has heretofore been the bargaining agent in the following bargaining unit:
all Foremen, Journeyman Wiremen, Instrumentation Electricians, Apprentices, Journeymen Linemen-Splicers, Apprentice Linemen-Splicers, Groundman/Equipment Operators, Groundman/Drivers, Groundmen, Utilitymen and Foresters in the industrial, commercial and institutional sector of the construction industry in the Province of Ontario, save and except non-working foremen and persons above the rank of non-working foreman.
9The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
10The employer is directed to post copies of this decision immediately, in a location or locations where it is likely to come to the attention of the employees affected by this application. These copies must remain posted for a period of 30 days.
0982-01-R Application under Section 69 and/or subsection 1(4) of the Act (Sale of Business and/or Related Employer)
11The responding parties have agreed that they carry on associated or related activities or businesses under common control or direction and that they constitute one employer for the purposes of the Labour Relations Act, 1995 (the "Act"). The responding parties further agree that there has been a sale of a business from Allco Electrical Ltd. ("Allco") to Granite Electrical Ltd. ("Granite") within the meaning of section 69 of the Act and that Granite is a successor employer to Allco.
12Having regard to the materials filed with the Board and the agreement of the parties the Board hereby declares that Allco and Granite are related employers for all purposes of the Act, within the meaning of section 1(4) of the Act.
13The Board further declares that based on the documents filed with the Board and the agreement of the parties that there has been a sale of a business from Allco to Granite, within the meaning of section 69 of the Act, and that Granite is a successor employer to Allco.
0981-01-G Referral of Grievance to Arbitration (Construction Industry)
14Having regard to the agreement of the parties the Board directs Allco and/or Granite to pay to the applicant union the sum of $22,000.00 by certified cheque on or before October 17, 2001. The Board notes that the parties have agreed that this payment is in full and final settlement of all matters.
15The Board notes these minutes of settlement filed with the Board are enforceable under section 96(7) of the Act.
"Inge M. Stamp" for the Board