Sheet Metal Workers’ International Association, Local 30 v. E.E.S. Systems Ltd.
1852-00-G Sheet Metal Workers’ International Association, Local 30, Applicant v. E.E.S. Systems Ltd., Responding Party.
BEFORE: John Morgan Lewis, Vice‑Chair, and Board Members J. Knight and G. McMenemy.
DECISION OF THE BOARD; October 5, 2000
The applicant has referred a grievance concerning the interpretation, application, administration or alleged violation of a collective agreement to the Board for final and binding determination.
Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:
Ontario Labour Relations Board File No. 1852-00-G
BETWEEN
SHEET METAL WORKERS’ INTERNATIONAL ASSOCIATION,
LOCAL 30
(hereinafter “the Applicant”)
- and -
E.E.S. SYSTEMS LTD.
(hereinafter “the Responding Party”)
MINUTES OF SETTLEMENT
WHEREAS, the Applicant filed a grievance against the Responding Party on August 21, 2000;
AND WHEREAS, the Applicant referred this grievance to arbitration before the Ontario Labour Relations Board (“the Board”) on September 21, 2000;
AND WHEREAS, the Parties wish to resolve this grievance;
THEREFORE THE PARTIES AGREE, each with the other, to settle the grievance on the terms set out below and request that the Board incorporate the following into a decision as a consent order:
A Declaration that the Responding Party is bound to the Collective Agreement between the Ontario Sheet Metal and Air Handling Group and the Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference, effective from May 1, 1998 to April 30, 2001 (“the Collective Agreement”).
A Declaration that the Responding Party has violated the Collective Agreement, and in particular, Article 33 and Clause 18 of Appendix “K” of the Collective Agreement.
A Declaration that the Responding Party has agreed to abide by the full terms and conditions of the Collective Agreement.
An Order that the Responding Party will pay to the Applicant, as damages, the amount of $64,013.59, in the following instalments:
a) in respect of benefit contributions for the month of July 2000, the sum of $13,337.61, on or before October 2, 2000;
b) in respect of benefit contributions for the month of June 2000, the sum of $25,649.95, on or before October 11, 2000;
c) in respect of benefit contributions for the month of August 2000, the sum of $19,716.52, on or before October 24, 2000;
d) in respect of late payment damages and penalties for the above-mentioned months, the sum of $5,309.51, on or before October 24, 2000.
An Order that if any of the above payments should fall into arrears, the entire amount then outstanding will become due and payable forthwith.
The Parties agree that acceptance of these minutes of settlement may be made by facsimile (FAX), which shall be deemed good and sufficient as if executed and delivered in an original form.
Dated at Toronto this 29th day of September, 2000.
“B.B. Nielsen” “Erin Booth”
For the Applicant For the Responding Party
B.B. Nielsen Erin Booth
Please print name Please print name
Having regard to the Minutes of Settlement, to the representations before it and pursuant to section 133 of the Labour Relations Act, 1995, the Board makes the following determination:
declares that the responding party is bound to the Collective Agreement;
declares that the responding party violated the Collective Agreement, and in particular, Article 33 and Clause 18 of Appendix “K” of the Collective Agreement;
orders the responding party to pay to the applicant, as damages, the sum of $64,013.59 in the following instalments:
a) in respect of benefit contributions for the month of July 2000, the sum of $13,337.61, on or before October 2, 2000;
b) in respect of benefit contributions for the month of June 2000, the sum of $25,649.95, on or before October 11, 2000;
c) in respect of benefit contributions for the month of August 2000, the sum of $19,716.52, on or before October 24, 2000;
d) in respect of late payment damages and penalties for the above-mentioned months, the sum of $5,309.51, on or before October 24, 2000;
- orders that if any of the above payments fall into arrears, the entire amount then outstanding will become due and payable forthwith.
“John Morgan Lewis”
for the Board