International Brotherhood of Electrical Workers, Local 105 v. Provincial Power and Electrical Services Limited
3474-00-G International Brotherhood of Electrical Workers, Local 105, Applicant v. Provincial Power and Electrical Services Limited, Neil Skelding c.o.b. as Provincial Power and Electrical Services, Langstaff Electric Ltd., and Provincial Power Inc., Responding Parties.
3475-00-G; 3476-00-G International Brotherhood of Electrical Workers, Local 105, Applicant v. Provincial Power and Electrical Services Limited, Neil Skelding c.o.b. as Provincial Power and Electrical Services, Langstaff Electric Ltd., and Provincial Power Inc., Responding Parties.
BEFORE: Harry Freedman, Vice‑Chair.
DECISION OF THE BOARD; August 29, 2001
This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended ("the Act").
Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:
OLRB File Nos. 3474-00-G, 3475-00-G and 3476-00-G
BETWEEN:
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCALS 105 AND 353,
(“the Applicants”)
‑ and ‑
PROVINCIAL POWER AND ELECTRICAL SERVICES
LIMITED, NEIL SKELDING c.o.b. as PROVINCIAL POWER
AND ELECTRICAL SERVICES, LANGSTAFF ELECTRIC LTD., AND PROVINCIAL POWER INC.
(“the Responding Parties”)
MINUTES OF SETTLEMENT AND CONSENT ORDER
WHEREAS this hearing was scheduled before the Ontario Labour Relations Board on August 28, 2001;
AND WHEREAS the parties have met and have resolved the issues in dispute between them;
THEREFORE the parties agree as follows:
Neil Skelding and Paul Langstaff acknowledge and agree that they are in joint direction and control of the Responding Parties (collectively, “the Directors”). In the most recent business name, Provincial Power Inc., the Directors share the day to day direction and control.
The Directors further advise the Unions of the following material facts:
(i) the Directors have ceased carrying on business in any of the names listed as Responding Parties and that Provincial Power Inc. is facing extensive litigation as a result of ceasing to operate;
(ii) at the time they ceased operating as Provincial Power Inc., the Directors had two ongoing construction projects: the Oakville Storage Facility and Extendicare, Brampton. The general contractors at both of these projects took back the electrical sub-contracts and let them again to electrical contracting companies in which neither of the Directors are involved, either as employees, managers, officers, directors, or shareholders;
(iii) Neil Skelding, at the moment, is no longer in direction and control of a business which performs bargaining unit work. He has accepted employment as an employee estimator for DDL Lighting Ltd., a company which does not perform bargaining unit work as of the date of these Minutes of Settlement;
(iv) Paul Langstaff has begun performing bargaining unit work on a small scale as a sole proprietor, in his own name. To date, he has not required any employees to perform bargaining unit work but he will hire employees from the Union in future, when necessary.
The Applicants rely on the above material facts and representations provided by the Responding Parties in entering these Minutes of Settlement.
On today’s date, Langstaff executed a voluntary recognition agreement with IBEW Local 353 in the name of his sole proprietorship and has begun remitting the owner/operator fees required under the IBEW, Local 353 Appendix in the Principal Agreement. The next payment is due on October 20, 2001.
The parties agree that these Minutes are entered into without prejudice to the Applicants’ ability to apply under sections 1(4) and 69 in future regarding any other businesses which the Directors may begin directing and controlling after today’s date.
The Directors acknowledge that, prior to ceasing to operate the Responding Parties, the Responding Parties violated the union security provisions of the Principal Agreement.
The parties agree as follows and request that the Board do the following:
(i) declare that the Responding Parties are bound to the Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario effective until April 30, 2004 (“the Principal Agreement”);
(ii) declare that the Responding Parties have violated Sections 500 and 700 of the Principal Agreement;
(iii) order that the damages for that violation are One Hundred Thousand Dollars ($100,000.00);
(iv) order that the damages be paid as follows:
(a) $2,000.00 by on or before September 5, 2001 by cheque remitted to IBEW 353 from Paul Langstaff;
(b) $10,000.00 to be held in abeyance, to become payable to the Applicants only if, as the result of a grievance filed before May 15, 2004, the Responding Parties, or any of them, or any electrical construction business which is a related or successor employer to the Responding Parties, whether or not that business is in existence on today’s date, save and except Paul Langstaff operating as a sole proprietor, is, or are, found by the Board to have violated the Principal Agreement by employing persons who are not members in good standing of the Applicants or by sub-contracting bargaining unit work to persons or companies which are not in contractual relations with the Union. Should such a violation be proved, then these damages are in addition to any damages found to be owing as a result of that future violation. Should no such grievance be filed before May 15, 2004, then these damages are deemed no longer payable to the Unions.
- Assuming the Board issues the declarations and orders described above, the Applicants accept these Minutes of Settlement in full and final resolution of all violations of the Principal Agreement committed by the Responding Parties prior to the date hereof, hereby waives their right to file a related/successor employer application regarding Langstaff and sole proprietorship, and hereby waive their entitlement to collect the balance of the damages owing under para. 7 (iii).
Dated at Toronto this 28th day of August, 2001.
“John Grimshaw” “John Grimshaw”
For IBEW, Local 353, Barry Stevens IBEW, Local 105, John Grimshaw
“Paul Langstaff” “Neil Skelding”
Paul Langstaff Neil Skelding
- Having regard to the Memorandum of Agreement, dated August 28, 2001, between the parties, filed, the Board:
a) declares that Provincial Power and Electrical Services Limited, Neil Skelding c.o.b. as Provincial Power and Electrical Services, Langstaff Electric Ltd., and Provincial Power Inc. are bound to the Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario effective until April 30, 2004 (“the Principal Agreement”);
b) declares that Provincial Power and Electrical Services Limited, Neil Skelding c.o.b. as Provincial Power and Electrical Services, Langstaff Electric Ltd., and Provincial Power Inc. violated Sections 500 and 700 of the Principal Agreement;
c) orders that the damages for that violation are One Hundred Thousand Dollars ($100,000.00);
d) directs that the damages be paid as follows:
i) $2,000.00 by on or before September 5, 2001 by cheque remitted to IBEW 353 from Paul Langstaff;
ii) $10,000.00 to be held in abeyance, to become payable by the Responding Parties to the Applicants only if, as the result of a grievance filed before May 15, 2004, the Responding Parties, or any of them, or any electrical construction business which is a related or successor employer to the Responding Parties, whether or not that business is in existence on today’s date, save and except Paul Langstaff operating as a sole proprietor, is, or are, found by the Board to have violated the Principal Agreement by employing persons who are not members in good standing of the Applicants or by sub-contracting bargaining unit work to persons or companies which are not in contractual relations with the Union.
“Harry Freedman”
for the Board