3174-99-G Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Ashwood Roofing Ltd., Responding Party.
BEFORE: Anthony Brown, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; February 17, 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. 3174-99-G
BETWEEN:
Carpenters and Allied Workers Local 27 United Brotherhood of Carpenters and Joiners of America
Applicant,
‑ and ‑
Ashwood Roofing Ltd.
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 as a consent order.
A Declaration that the Responding party is bound to the collective agreement as between the Applicant and Residential Roofing Contractors Association of Metropolitan Toronto (“RRCA”) effective April 1, 1999 to March 31, 2002.
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 by failing to make remittances in the form manner and amount required by the collective agreement
An order that the Responding Party will pay to the Applicant, as damages, the amount of $14,839.13 as full and final settlement for the above violations of the collective agreement.
-and-
An order that payment is to be made to the Applicant forthwith.
- A Declaration that this Memorandum of Agreement and Consent Order is without prejudice to the position of the applicant (and without limiting the generality of the foregoing without prejudice to the applicant’s ability to file a fresh grievance and refer same to arbitration) in the event that the Responding Party has misrepresented the monthly earnings of its installers.
Dated at Toronto this 9th day of February, 2000.
“T. Hawtin” . “Robert Shewell” .
Signature for the Signature for the
Responding party Applicant
T. Hawtin - Counsel . Robert Shewell .
Print Name and Title Print Name and Title
- Having regard to the memorandum of agreement, to the representations before it and pursuant to section 133 of the Labour Relations Act, 1995, the Board makes the following determination:
declares that Ashwood Roofing Ltd. is bound to the collective agreement between Carpenters and Allied Workers Local 27 United Brotherhood of Carpenters and Joiners of America and Residential Roofing Contractors Association of Metropolitan Toronto (“RRCA”) effective April 1, 1999 to March 31, 2002 (the “Collective Agreement”);
declares that Ashwood Roofing Ltd. has violated the Collective Agreement by failing to make remittances in the form manner and amount required by the Collective Agreement;
orders that Ashwood Roofing Ltd. pay to the applicant as damages, the amount of $14,839.13 forthwith;
declares that this Memorandum of Agreement and Consent Order is without prejudice to the position of the applicant (and without limiting the generality of the foregoing without prejudice to the applicant’s ability to file a fresh grievance and refer same to arbitration) in the event that Ashwood Roofing Ltd. has misrepresented the monthly earnings of its installers.
“Anthony Brown”
for the Board