2386-00-R Brick and Allied Craft Union of Canada (Formerly the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers) and Brick and Allied Craft Union of Canada, Local 4 (Formerly International Union of Bricklayers and Allied Craftworkers, Local 4), Applicants v. 761203 Ontario Inc. c.o.b. as Schafer Masonry and Mike Schafer Masonry Inc., Responding Parties.
2387-00-G Brick and Allied Craft Union of Canada (Formerly the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers) and Brick and Allied Craft Union of Canada, Local 4 (Formerly International Union of Bricklayers and Allied Craftworkers, Local 4), Applicants v. 761203 Ontario Inc. c.o.b. as Schafer Masonry and Mike Schafer Masonry Inc., Responding Parties
2404-00-U Brick and Allied Craft Union of Canada (Formerly the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers) and Brick and Allied Craft Union of Canada, Local 4 (Formerly International Union of Bricklayers and Allied Craftworkers, Local 4), Applicants v. 761203 Ontario Inc. c.o.b. as Schafer Masonry; Mike Schafer Masonry Inc., Dieter Schafer and Michael Schafer, Responding Parties
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; May 4, 2001
- Before the hearing commenced on May 1, 2001, the parties entered into Minutes of Settlement. These Minutes provide as follows:
OLRB Nos. 2386-00-R
2387-00-G 2404-00-U
Minutes of Settlement
B E T W E E N :
Brick & Allied Craft Union of Canada
and Brick & Allied Craft Union of Canada
Local 4
(Applicants, “the Union”)
- and -
761203 Ontario Inc. c.o.b. as Schafer Masonry
(Responding Party,
“Schafer Masonry”)
- and -
Mike Schafer Masonry Inc.
(Responding Party,
“Mike Schafer Masonry”)
- and -
Dieter Schafer and Michael Schafer
Responding Parties.
Whereas the Union has filed applications against the Responding Parties under sections 1(4) and 69 of the Labour Relations Act, 1995 (“the Act”) alleging that Schafer Masonry and Mike Schafer Masonry are related employers for the purposes of the Act or that there has been a sale of business under the Act from Schafer Masonry to Mike Schafer Masonry; and an application under section 96 of the Act alleging that the Responding Parties have violated the Act; and has referred a grievance to the Board under section 133 of the Act;
And whereas the Responding Parties have denied these allegations;
And whereas the parties wish to settle the above matters;
It is agreed as follows:
The Responding Parties shall pay the Union the sum of $6,500.00 (six thousand five hundred dollars) by certified cheque payable to Brick and Allied Craft Union of Canada on or before May 15, 2001.
The above-noted applications shall be adjourned sine die for a period of one year. If during that time, there is a material change in the way the Responding Parties’ businesses are conducted, the Union may bring the applications back on for a hearing before the Board, and may amend their pleadings to take account of that change. Provided that there has been a material change in circumstances, the Responding Parties agree that they will not seek to argue that the Union’s case is prejudiced in any way by having entered into these Minutes of Settlement.
If there is a material change in the way the Responding Parties conduct their businesses that occurs more than one year from the date of these Minutes of Settlement, the Union shall be free to initiate new applications at the Board, and shall be free to rely on any facts pleaded to date, as well as any material change that has occurred. Provided that there has been a material change in circumstances, the Responding Parties agree that they will not seek to argue that the Union’s case is prejudiced in any way by having entered into these Minutes of Settlement.
Should the Union seek to bring the above applications back on for a hearing as set out in paragraph 2, or bring new applications to the Board as set out in paragraph 3, it is agreed that the Union will not seek any damages for the period prior to May 1, 2001.
Dated at Toronto this 1st day of May, 2001.
“Luigi Scodellaro” “Dieter Schafer”
The Union Schafer Masonry
per: Luigi Scodellaro per: Dieter Schafer
“Mike Schafer”
Mike Schafer Masonry
per: Mike Schafer
“Dieter Schafer”
Dieter Schafer
“Mike Schafer”
Mike Schafer
- Having regard to the agreement of the parties, the Board hereby adjourns these applications sine die for a period not exceeding one year. Unless within that time either party requests that the Board proceed with these matters, they will be deemed terminated without further notice to any of the parties.
“David A. McKee”
for the Board