1923-00-G International Brotherhood of Electrical Workers, Local 303, Applicant v. B & J Electric Ltd., Responding Party.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; November 22, 2000
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 Settlement:
MEMORANDUM OF SETTLEMENT
(O.L.R.B. File No. 1923-00-G)
BETWEEN:
International Brotherhood of Electrical Workers, Local 303
(Applicant)
‑ and ‑
B & J Electric Ltd.
(Responding Party)
In full and final resolution of the above-noted matters, the parties agree with each other as follows and request that the Board incorporate the following into a Consent Order:
The parties are bound by the terms and conditions of the collective 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 from May 1st, 1998 until April 30th, 2001 (the “Principal Collective Agreement”).
The Responding Party shall comply with the terms and conditions of the Principal Collective Agreement.
The Responding Party shall pay to the Applicant in trust, as damages, the amount of $7,088.70.
IN WITNESS WHEREOF each of the parties hereto has caused this Memorandum of Agreement to be signed by its duly authorized representatives this 31st day of October, 2000.
“Garry Sorley” “Joe Lapcevich”
Garry Sorley Joe Lapcevich
For the Applicant For the Responding Party
IBEW Local 303 B & J Electric Ltd.
- As this settlement is made in a proceeding under the Act, section 96(7) of the Act is applicable. Section 96(7) provides, in part:
Where a proceeding under this Act has been settled and the terms of the settlement have been put in writing and signed by the parties or their representatives, the settlement is binding upon the parties, the trade union, council of trade unions, employer, employers' organization, person or employee who have agreed to the settlement and shall be complied with according to its terms….
Furthermore, as this proceeding under the Act was a referral of a grievance to the Board for determination under section 133 of the Act, section 48(15) of the Act, which provides that an arbitrator or board of arbitration may enforce the written settlement of a grievance, also applies to this settlement by reason of section 133(9) of the Act. Thus, it is clear that the settlement reached between the parties is binding on them and they are required to abide by its terms.
- Having regard to the terms of the Memorandum of Settlement dated October 31, 2000, between the parties, filed, and pursuant to sections 48(15) and 96(7) of the Act, the Board hereby:
(a) declares that the International Brotherhood of Electrical Workers, Local 303 and B & J Electric Ltd. are bound by the terms and conditions of the collective 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 from May 1st, 1998 until April 30th, 2001 (the “Principal Collective Agreement”);
(b) declares that B & J Electric Ltd. must comply with the terms and conditions of the Principal Collective Agreement.
(c) declares that B & J Electric Ltd. must pay forthwith to the International Brotherhood of Electrical Workers, Local 303, in trust the sum of $7,088.70.
“Harry Freedman”
for the Board