2550-99-G The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46, Applicant v. Unique Mechanical Inc., Responding Party.
BEFORE: Marilyn Silverman, Vice‑Chair, and Board Members J. G. Knight and G. Mcmenemy.
DECISION OF THE BOARD; June 12, 2000
This is a referral of a grievance to arbitration under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 ('the Act').
The parties have entered into a memorandum of agreement dated June 6, 2000 which reads as follows:
ONTARIO LABOUR RELATIONS BOARD
File No. 2550-99-G
BETWEEN
United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46,
Applicant,
‑ and ‑
Unique Mechanical Inc.,
Responding Party.
MEMORANDUM OF AGREEMENT
The parties agree with each other as follows and request that the Board incorporate the following in a decision as a consent order.
A Declaration that the Responding Party is bound to the collective agreement expiring April 30, 2001, as between Independent Plumbing & Heating Contractors’ Association and the Applicant.
A Declaration that the Responding Party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.
A Declaration that the Responding Party has violated the collective agreement mentioned above and in particular Articles 15 and 16 thereof.
An Order that the Responding Party will pay to the Applicant, as damages, the amount of $5,856.97 in settlement of the above violations of the collective agreement, which sum includes $750.00 for late payment damages.
An Order that payment is to be made to the Applicant forthwith.
Dated at Toronto this 6th day of June, 2000.
UNIQUE MECHANICAL INC. UA LOCAL 46
Per: Per:
“Uwe Bligenthal” “Laurence C. Arnold”
Signature for Responding Party Signature for the Applicant
I have a authority to bind the Corporation
UWE BLIGENTHAL LAURENCE C. ARNOLD
Print Name Print Name
- Having regard to the Memorandum of Agreement and the request of the parties, the Board makes the following declarations, directions and orders:
(a) The Board declares that Unique Mechanical Inc. is bound to the collective agreement expiring April 30, 2001 as between the Independent Plumbing & Heating Contractors Association and The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46 (“the collective agreement”).
(b) The Board declares that Unique Mechanical Inc. has violated the collective agreement and in particular Articles 15 and 16 thereof.
(c) The Board orders Unique Mechanical Inc. pay forthwith to the applicant the amount of $5,856.97 as damages which sum includes $750.00 for late payment damages.
- The Board notes the agreement of the responding party to abide by the full terms and conditions of the collective agreement.
“Marilyn Silverman”
for the Board