0700-01-R The International Union of Painters and Allied Trades, Local Union 1819, Applicant v. Manners Glass Networking Inc., Manners Glass Services Ltd., and Manners Glass & Door, Responding Parties.

1286-01-R International Union of Painters & Allied Trades, Local 1819, Glaziers, Applicant v. Manners Glass Networking Inc., Manners Glass Services Ltd., and Manners Glass & Door, Responding Parties.

BEFORE: David A. McKee, Vice-Chair.

DECISION OF THE BOARD; November 22, 2001

1. These two applications are: (1) an application for reconsideration of a certificate issued in Board File No. 0700-01-R, which was an application for certification brought pursuant to the construction industry provisions of the Labour Relations Act, 1995, S. O. 1995 ch.1 (the "Act"); and (2) an application under subsection 1(4) of the Act. Before the hearing scheduled in this matter commenced, the parties entered into Minutes of Settlement which provide as follows:

OLRB File Nos.: 1286-01-R and 0700-01-R

INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES, LOCAL UNION, 1819, GLAZIERS

• the Applicant

MANNERS GLASS NETWORKING INC., MANNERS GLASS SERVICES LTD., and MANNERS GLASS & DOOR

• the Responding Parties

MINUTES OF SETTLEMENT & CONSENT ORDER

WHEREAS the Applicant has filed an application under ss. 69 and 1(4) with respect to the relationship among the Responding Parties in OLRB File No. 1286-01-R;

AND WHEREAS the Applicant has requested re-consideration of the Board decision dated July 13, 2001, in OLRB File No. 0700-01-R, in which the Board declined to certify the Applicant to represent the employees of Manners Glass Networking Inc. while certifying the Applicant to represent the employees of Manners Glass Services Limited and Manners Glass & Door ("the Decision");

AND WHEREAS the Board has scheduled a hearing in OLRB File No. 1286-01-R on November 21, 2001, and has adjourned the Applicant's reconsideration request pending the outcome of that application;

AND WHEREAS the parties have met and resolved the issues in dispute between them;

THEREFORE the parties agree as follows:

1. Mr. Edward Mizuguchi is an officer and director of all of the Responding Parties.

2. Mr. Mizuguchi acknowledges that he is in direction and control of all of the Responding Parties, that the businesses all operate in a similar market, that the businesses are associated or related in their activities, and that they employ glaziers and metal mechanics and their apprentices or sub-contract work to firms providing those services and skills.

3. The parties believe that the above admissions establish the pre-requisites necessary to obtain a declaration under sub-section 1(4) of the Labour Relations Act, 1995 that the Responding Parties are one and the same employer for purposes of labour relations under ss. 1(4) of the Act.

4. The Applicant shall file this Minutes of Settlement and Consent Order with the Board and request that the Board give effect to the settlement reached by the parties by issuing a declaration under ss. 1(4) of the Act, at the request of both parties, and grant re-consideration of the Decision so that it reflects that the Applicant has also been certified as the bargaining agent for the subject employees of Manners Glass Networking Inc.

5. Assuming the Board makes the declaration described at paragraph 4, the Applicant hereby withdraws its request for relief under section 69 of the Act and all other relief requested in its application. The Board may cancel the hearing of November 21, 2001.

DATED at Toronto this 18th day of October, 2001.

"E. Mizuguchi" Manners Glass Networking Inc. Manners Glass Services Ltd., and Manners Glass & Door

"Dermot Lynch" International Union of Painters and Allied Trades, Local Union, 1819

2. Having regard to the agreement of the parties, the Board declares that Manners Glass Networking Inc., Manners Glass Services Ltd., and Manners Glass & Door are one employer for all purposes of the Act.

3. The applicant has withdrawn its request for all other forms of relief in Board File No. 1286-01-R and the application is therefore determined on the basis of the above-noted declaration.

4. For the reasons set out in paragraph 9 of the decision of the Board in Board File No. 0700-01-R dated July 13, 2001, the applicant is entitled to seek reconsideration of the certificate issued in that decision. Based on the agreement of the parties, the Board amends both the decision and the certificate attached to it by changing the names of the responding parties to "Manners Glass Networking Inc., Manners Glass Services Ltd., and Manners Glass & Door". Revised certificates, retaining the date of July 13, 2001, are issued and attached hereto. The applicant is requested to return the original certificates to the Board.

"David A. McKee" for the Board