3011-99-G International Brotherhood of Electrical Workers, Local 586, Applicant v. 871480 Ontario Limited c.o.b. as Kanata Electric, Responding Party.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members G. Pickell and A Haward.
DECISION OF THE BOARD; February 10, 2000
1This 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").
2Prior to the hearing in this matter the parties entered into the following Minutes of Settlement:
Board File No. 3011-99-G
LABOUR RELATIONS ACT
BETWEEN:
International Brotherhood of Electrical Workers,
Local 586,
(Hereinafter referred to as “the Union”)
‑ and ‑
87140 Ontario Limited c.o.b. as Kanata Electric,
(Hereinafter referred to as “the Employer”)
MINUTES OF SETTLEMENT
WHEREAS the Union filed a grievance with the Employer dated November 18, 1999;
AND WHEREAS the Union and the Employer are bound to the Collective Agreement entered into between the Electrical Trade Bargaining Agency of the Electrical Workers and the IBEW Construction Council of Ontario, and to any renewals thereof (the Principal Agreement), in addition to being bound to the Collective Agreement entered into between Local 586 and the Electrical Contractors’ Association of Ottawa applicable to the residential sector of the construction industry and which agreements are hereinafter collectively referred to as “Collective Agreement”;
AND WHEREAS the Employer agrees that it employed a union member without a referral from the hall and failed to pay the wages/benefits stipulated in the Collective Agreement in violation of Section 7 and Section 9 of the Collective Agreement;
AND WHEREAS the Union referred a grievance to the Ontario Labour Relations Board under Board File 3011-99-G;
AND WHEREAS the Union and the Employer wish to resolve all matters arising from the grievance, the parties hereto agree as follows and jointly request that the Board issue directions and orders as follows:
The Employer acknowledges that it has violated the Collective Agreement as set out in the grievance filed by the Union and it is directed to cease and desist from violating the Collective Agreement;
The Employer is liable to the union for damages arising from the foregoing violation and is required to pay damages to the union in the sum of $675.00 forthwith.
“Blake Sinclair” “James Barry”
For the Employer For the Union
3Having regard to the undated Minutes of Settlement between the parties, filed, the Board:
(a) declares that 871480 Ontario Limited c.o.b. as Kanata Electric has violated the Collective Agreement;
(b) directs 871480 Ontario Limited c.o.b. as Kanata Electric to cease and desist from violating the Collective Agreement;
(c) directs 871480 Ontario Limited c.o.b. as Kanata Electric to pay forthwith to the applicant the sum of $675.00.
“Harry Freedman”
for the Board