Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Barry Bailey c.o.b. as BBI Acoustics & Drywall Applicators, 2000 CanLII 10384

3349-99-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Barry Bailey c.o.b. as BBI Acoustics & Drywall Applicators, Responding Party.

BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members J. Knight and G. McMenemy.

DECISION OF THE BOARD; March 9, 2000

This a referral of a grievance in the construction industry brought pursuant to section 133 of the Labour Relations Act, 1995.

2. On the day scheduled for hearing, the parties entered into the following Memorandum of Agreement:

ONTARIO LABOUR RELATIONS BOARD

File No. 3349-99-G

BETWEEN:

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America,

Applicant,

‑ and ‑

Barry Bailey c.o.b. as BBI Acoustics & Drywall Applicators,

Responding Party.

MEMORANDUM OF AGREEMENT

Whereas the Applicant in this matter alleged that the Responding party is bound to the collective agreement(s) referred to in paragraph 1 below;

And whereas the Responding party acknowledges that it is bound to this/these agreement(s);

Therefore the parties agree to settle this matter on the terms set out below and request the Board incorporate the following in a decision as a consent order.

1. A Declaration that the Responding party is bound to the collective agreement effective May 1, 1998 as between Carpenters Employer Bargaining Agency and Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America.

2. A Declaration that the Responding party has agreed to abide by the full terms and conditions of the above-mentioned collective agreement.

3. A Declaration that the Responding party has violated the collective agreement mentioned above and in particular articles 9, 10 and article 4.

4. An order that the Responding party pay to the Applicant, as damages, the amount of $11,962.68 as full and final settlement for the above violations of the collective agreement.

An order that payment is to be made to the Applicant in accordance with Schedule A attached hereto.

5. A declaration that Barry Bailey has represented the Applicant that it has not employed members of the Applicant since October, 1999 and that the Applicant has relied on that representation in calculating the amounts owing in paragraph 4, Schedule A above. If that representation proves false, then the Applicant can re-file the grievance and claim additional damages and benefits.

Dated at Toronto this 2^nd day of March 2000.

“Barry Bailey” “Luigi Caringi”

Signature for the Signature for the

Responding Party Applicant

Barry Bailey Luigi Caringi

Print Name and Title Print Name and Title

Schedule “A”

(1) Barry Bailey owes the following benefits

3,164.97 for Tim Turner

770.60 for Brent Ferguson

1,705.05 for Dan Richardson

671.26 for John Patridge

Total 6,312l.68

(2) Barry Bailey owes $4,200.00 for using non union workers.

(3) Barry Bailey owes 1,450.00 for costs.

(4) If Barry Bailey pays 1,500.00 a month for the next 4 months on the 15^th of each month (i.e. March 15, April 15, 2000, May 15, 2000, June 15, 200 and 1,762.68 on July 15, 2000, the parties agree to meet and discuss the payment schedule for the $4,200.00 owing.

(5) If any payment in paragraph 4 is missed or is submitted late, the full amount remaining owing at the time of the default, becomes payable forthwith.

3. Having regard to the parties’ Memorandum the Board makes the following declarations and orders:

4. A declaration that the responding party is bound to the collective agreement effective May 1, 1998 as between Carpenters Employer Bargaining Agency and Carpenters District Council of Ontario, United Brotherhood of Carpenters and Joiners of America;

5. A declaration that the responding party has agreed to abide by the full terms and conditions of the above-mentioned collective agreement;

6. A declaration that the responding party has violated the collective agreement mentioned above and in particular articles 9, 10 and article 4;

7. An order that the responding party pay to the applicant, as damages, the amount of $11,962.68 as full and final settlement for the above violations of the collective agreement in accordance with the schedule the parties have agreed to;

8. A declaration that Barry Bailey has represented the applicant that it has not employed members of the applicant since October, 1999 and that the applicant has relied on that representation in calculating the amounts owing in paragraph 4, Schedule “A” above. If that representation proves false, then the applicant can re-file the grievance and claim additional damages and benefits.

“Mary Ellen Cummings”

for the Board