International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Daniel McLean
0279-01-G; 0294-01-U International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Applicant v. Daniel McLean in his personal capacity and c.o.b. as D M Rebar, Mac Reinforcing Ltd., 860716 Ontario Limited, Responding Parties.
0290-01-R International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Applicant v. Mac Reinforcing Ltd., 860716 Ontario Limited; Daniel McLean in his personal capacity and c.o.b. as D M Rebar, Responding Parties.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 14, 2001
- The parties to these three applications have entered into a Memorandum of Agreement. This Agreement provides:
MEMORANDUM OF AGREEMENT
(SUCCESSOR RIGHTS)
BETWEEN:
Mac Reinforcing Ltd.
860716 Ontario Limited
Daniel McLean in his personal capacity and c.o.b. as D M Rebar
(the “Employer”)
- and -
Iron Workers District Council of Ontario
International Association of Bridge, Structural, Ornamental
and Reinforcing Iron Workers, Local 721
(the “Union”)
WHEREAS the Union filed an Application under Section 69 and Subsection 1(4) of the Labour Relations Act dated April 24, 2001 (the “Application”)
WHEREAS since in or about the month of October of 1992 and continuing, Mac Reinforcing Ltd. and 860716 Ontario Limited have been associated and related employers under common direction and control within the meaning of subsection 1(4) of the Labour Relations Act, 1995;
WHEREAS Mac Reinforcing Ltd. effective in or about the month of October of 1992 transferred its business to 860716 Ontario Limited within the meaning of section 69 of the Labour Relations Act, 1995;
WHEREAS since in or about the month of February of 2001, Mac Reinforcing Ltd., 860716 Ontario Limited, and Daniel McLean in his personal capacity and c.o.b. as D M Rebar have been and continue to be associated and related employers under common direction and control within the meaning of subsection 1(4) of the Labour Relations Act, 1995;
WHEREAS Mac Reinforcing Ltd. and 860716 Ontario Limited effective in or about the month of February of 2001 transferred its business to Daniel McLean in his personal capacity and c.o.b. as D M Rebar within the meaning of section 69 of the Labour Relations Act, 1995;
WHEREAS Daniel MacLean in his personal capacity and c.o.b. as D M Rebar entered into a Voluntary Recognition Agreement with the Union on April 27, 2001;
AND WHEREAS the Union and Employer wish to resolve all differences arising from the Union’s Application on the basis of the following terms:
THEREFORE, the Employer and the Union agree as follows:
Mac Reinforcing Ltd., 860716 Ontario Limited, and Daniel McLean in his personal capacity and c.o.b. as D M Rebar all agree that they are bound by all of the terms, conditions, provisions, appendices and schedules (including both monetary and non-monetary items) of the Collective Agreement between the Rodworker Employer Bargaining Agency and the Rodworker Employee Bargaining Agency (the “Rodworker Provincial Agreement”) and any renewals thereof whether made with or without changes by the parties thereto as if they were original signatories thereto.
Daniel McLean in his personal capacity and c.o.b. as D M Rebar agrees that, effective with the commencement of his operation as a sole proprietorship in or about the month of February, 2001, he became bound to the Rodworker Provincial Agreement by operation of sections 69 and 1(4) of the Act.
Daniel McLean in his personal capacity and c.o.b. as D M Rebar acknowledges that he is in possession of a copy of the Rodworker Provincial Agreement referred to in paragraph 1 of this Memorandum of Agreement and is familiar with the terms and conditions contained therein.
The Employer and the Union consent to and shall jointly request the issuance by the Ontario Labour Relations Board of such orders, declarations and directions as may be necessary to give effect to the foregoing provisions of this Memorandum of Agreement.
The terms of this Memorandum of Agreement are binding upon the Employer and the Union regardless of the Board’s determination of the parties’ request in paragraph 4 above, and shall remain binding unless and until the Board declares otherwise.
In the event the Ontario Labour Relations Board requires a hearing or representations concerning the Application, the Employer agrees to participate only to the extent necessary to support any positions taken by the Union and defend the words and spirit of this agreement.
This Memorandum of Agreement shall be binding upon the Employer, their successors, administrators, executors, assignees, substitutes and associated or related entities.
IN WITNESS WHEREOF each of the parties hereto has caused this Memorandum of Agreement to be signed by its duly authorized representative.
Dated at Toronto this 02 day of May 2001.
ON BEHALF OF THE EMPLOYER ON BEHALF OF THE UNION
“Daniel McLean” “Tony Almeida”
On the basis of this Agreement, Board File No. 0290-01-R is withdrawn at the request of the applicant.
With respect to Board File No. 0279-01-G, the Board declares that Mac Reinforcing Ltd., 860716 Ontario Limited, Daniel McLean in his personal capacity and c.o.b. as D M Rebar are bound to the Provincial Collective Agreement between the Rodworker Employer Bargaining Agency, effective May 1, 1998 to April 30, 2001, and as it may be renewed and amended from time to time.
Board File No. 0294-01-U is to be listed for hearing in the normal course.
“David A. McKee”
for the Board