Ontario Labour Relations Board
1837-00-R The Millwright Regional Council of Ontario, United Brotherhood of Carpenters and Joiners of America on behalf of Affiliated Local Unions 1007; 1151; 1244; 1410; 1425; 1592; 1916 and 2309, Applicant v. Prym Constuction Inc. and Entretien L. Cossette Inc., Responding Parties.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; December 6, 2001
1This is an application seeking a declaration that the responding parties are a single employer for the purposes of the Labour Relations Act, 1995 (the "Act") and/or a declaration that there has been a sale of business from the first responding party to the second, within the meaning of section 69 of the Act. By an exchange of letters, dated November 20 and 22, 2001 and a clarification dated November 23, 2001, the parties have reached a resolution in this matter. They further request that the Board embody their agreement in a decision of the Board.
2The parties have agreed that both Prym Construction Inc. and Entretien L. Cossette Inc. are bound by the collective agreement between the Association of Millwrighting Contractors of Ontario, Inc. and the Millwright Regional Council of Ontario, United Brotherhood of Carpenters and Joiners of America, effective August 12, 2001 to April 30, 2004.
3In consideration of that agreement, the applicant withdraws the grievance it filed on August 2, 2000 and agrees not to seek any damages from Prym Construction Inc. and Entretien L. Cossette Inc.
4Having regard to the agreement of the parties, the Board makes the following declaration:
(a) Prym Construction Inc. and Entretien L. Cossette Inc. are bound by the collective agreement between the Association of Millwrighting Contractors of Ontario, Inc. and the Millwright Regional Council of Ontario, United Brotherhood of Carpenters and Joiners of America, effective August 12, 2001 to April 30, 2004.
"Mary Ellen Cummings"
for the Board