United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Unions 628 and 800 v. R.L.P. Mechanical Ltd.

1506-00-R United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Unions 628 and 800, Applicant v. R.L.P. Mechanical Ltd., R.L.P. Machine and Steel Fabrication Inc., Spectrum Construction, 910609 Ontario Inc. c.o.b. Columbia Chrome, Cloutier’s Machine Shop Limited, Responding Parties.

1507-00-R International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128, Applicant v. R.L.P. Mechanical Ltd., R.L.P. Machine & Steel Fabrication Inc., Spectrum Construction, 910609 Ontario Inc. c.o.b. Columbia Chrome, Cloutier’s Machine Shop Limited, Responding Parties.

1508-00-G United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Unions 628 and 800, Applicant v. R.L.P. Mechanical Ltd., R.L.P. Machine & Steel Fabrication Inc., Spectrum Construction, 910609 Ontario Inc. c.o.b. Columbia Chrome, Cloutier’s Machine Shop Limited, Responding Parties.

BEFORE: Laura Trachuk, Vice-Chair, and Board Members J.G. Knight and G. McMenemy.

DECISION OF THE BOARD; July 26, 2001

1. Board File nos. 1506-00-R and 1507-00-R are applications under sections 69 and 1(4) of the Labour Relations Act, 1995, R.S.O. 1995, c.1, as amended (“the Act”). Board File no. 1508-00-G is a referral of a grievance in the construction industry pursuant to section 133 of the Act.

2. The responding parties request that the applications be dismissed against Spectrum Construction Services Inc., 910609 Ontario Ltd. c.o.b. Columbia Chrome (Columbia Chrome) and Cloutier’s Machine Shop Limited (Cloutier’s) on the grounds that the applicant has not sufficiently particularized the basis for its requests under sections 69 and 1(4).

3. After reviewing the parties’ submissions from the hearing on May 31, 2001 and those subsequently received, the Board has decided to amend the name of one of the responding parties to Spectrum Construction (Spectrum) and not to dismiss the applications against it, Columbia Chrome and Cloutier’s at this time.

4. The application alleges, and it has been agreed, that the president of Columbia Chrome is Steve Symes. Mr. Symes is also the president and a shareholder of the responding party R.L.P. Machine & Steel Fabrication Inc. (RLP Machine). RLP Machine is bound to a collective agreement with the applicant. The applications also allege that employees who were hired by RPL Machine to work at the Agrium Plant in Kapuskasing have been paid by Columbia Chrome. The applicant has provided the name of an employee who worked for RLP Machine at the Agrium Plant and produced a pay cheque for that employee to the responding parties on the first day of hearing. After considering section 69(13) of the Act and the Board’s jurisprudence with respect to similar applications, the Board finds that the allegations are sufficient for the purposes of proceeding with the matter.

5. The applications allege, and it is agreed, that Cloutier’s Machine Shop is owned by RLP Machine. The applications allege that Hubert Cloutier controls Cloutier Machine Shop and Spectrum Construction Services Inc. An issue arose on the first day of hearing as to the identity of Spectrum Construction Services Inc. and whether it had been served with notice of this application. The applicant was directed to do another corporate search. After reviewing the results of that search it appears that there is a numbered company 1108073 called Spectrum Construction in Kapukasing for whom Hubert Cloutier is a signing officer. Mr. Cloutier signed an agreement with U.A. Local 800 on behalf of that company. Again, that is sufficient to meet the Board’s minimal requirements in view of section 69(13). However it does not appear that Spectrum Construction in Kapuskasing was ever served with the documents relevant to this file. The Board therefore amends the name of the responding party to Spectrum Construction and directs the applicant to serve the applications on that company at 59 Clear Lake Road North, Kapuskasing, Ontario P5N 2X7. The Board will provide its form B-18 “Notice to Employees of Application under section 69 and/or subsection 1(4) of the Act” to Spectrum Construction at the above address for posting. Spectrum Construction will also be provided with all of the other responses and Board decisions with respect to this matter.

6. The applicant has asked the Board to direct the responding parties to produce documents. However, it has not indicated which documents it is seeking. The Board therefore directs the responding parties to produce all relevant documents to the applicant on or before August 31, 2001.

7. These applications will be referred to the Registrar to set further dates for a hearing on their merits. As it may be difficult to find dates upon which this panel is available, and since no evidence has been heard, this panel is not seized.

“Laura Trachuk”

for the Board