Decision of the Board

2773-98-M Douglas Albert Rogers, Applicant v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 46 (UA Local 46) and Gorbern Mechanical Contractors Ltd., Responding Parties.

BEFORE: John Morgan Lewis, Vice-Chair.

DECISION OF THE BOARD; February 18, 2000

1. 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.

2. Prior to the hearing in this matter the parties entered into the following memorandum of agreement:

ONTARIO LABOUR RELATIONS BOARD

File No. 2773-98-M

BETWEEN:

DOUGLAS ALBERT ROGERS

(hereinafter referred to as “ROGERS”)

Applicant,

‑ and ‑

UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA, LOCAL UNION 46

Responding Party

Trade Union

‑ and ‑

GORBERN MECHANICAL CONTRACTORS LTD.

(hereinafter referred to as “GORBERN”)

Responding Party

Trade Union

[sic]

MEMORANDUM OF AGREEMENT

WHEREAS:

A. the UNION and GORBERN are bound to Collective Agreements (the Collective Agreements) requiring membership in the UNION as a condition of employment, and granting a preference for employment to members of the UNION (the Union Security Provisions);

B. ROGERS is an employee of GORBERN, and has applied to the OLRB in these proceedings, pursuant to Section 52 of the Labour Relations Act, for exemption from the Union Security Provisions of the Collective Agreements, during his employment with GORBERN, by reason of his religious beliefs;

C. The parties have agreed to resolve this matter by Agreement as set out below.

1. The Union Security Provisions of the Collective Agreement which, as conditions of employment by GORBERN, require membership in the UNION, grant preference of employment to members of the Union, and provide for payment of certain union field dues or contributions to or for the UNION, do not apply to ROGERS in his employment relationship with GORBERN; nor shall ROGERS be required to pay union dues or assessments to the UNION while in the employ of GORBERN.

2. Amounts equal to any union initiation fees, dues, assessments or other contributions, retroactive to and including the month of February, 1997, and continuing during ROGERS’ employment with GORBERN, which, but for this Agreement, would be payable by ROGERS directly to the UNION, shall be paid monthly by ROGERS to “De Novo Treatment Centre Trust Fund” (De Novo) at Suite 601, 300 John Street, Thornhill, Ontario, L3T 5W4, or at such other address where De Novo from time to time may be located.

3. In order to facilitate the payments referred to in paragraph 2 above, ROGERS hereby directs GORBERN to deduct the amounts of such payments (currently $29.00 pr month) from ROGERS’ wages, and to remit same monthly to De Novo. Failure of GORBERN to so deduct and remit, does not relieve ROGERS of his obligation to pay.

4. Nothing herein contained shall affect the continuing obligation of GORBERN to remit contributions and deductions from wages, as required by the Collective Agreements, provided that the UNION agrees that any such contributions or deductions from wages payable to the UNION, or to an affiliate of the UNION, arising out of ROGERS employment with GORBERN, shall be directed by the UNION to be paid by the Administrator of the Funds to De Novo, rather than to the UNION or its affiliate.

5. The parties acknowledge that for the period from and and [sic] including February, 1997 to and including the month of February, 2000, ROGERS owes to the UNION initiation fees and dues in the aggregate amount of $1,301.00, which sum is being paid by ROGERS to De Novo contemporaneously with the execution of this Agreement.

6. The parties acknowledge that the contributions made to the Administrator under the Collective Agreements by GORBERN, on behalf of ROGERS, for Welfare and Pension benefits, shall be held by the Administrator in suspense, pending determination as to their disposition.

7. It is further agreed as follows:

(a) If De Novo shall cease to function, or shall no longer accept the payments herein, the UNION and ROGERS will seek to agree upon an alternative charity to receive the payments herein, and in default of agreement either of the said parties may request the Ontario Labour Relations Board to designate such a charity.

(b) Should the UNION conclude, at any time, that ROGERS’ religious beliefs no longer justify the exemptions herein agreed upon, the UNION may terminate this Agreement by giving at least Sixty (60) days Notice of Termination to ROGERS, who, following such notice, shall be free to seek a remedy.

(c) This Agreement shall not be referred to as a precedent by any of the parties in any proceedings, save for proceedings to enforce this Agreement.

8. The parties jointly request that this Memorandum of Settlement be incorporated into an Order of the Board.

Dated this 7th day of February, 2000.

“illegible” . “Douglas Albert Rogers” .

Witness Douglas Albert Rogers

United Association of Journeymen

and Apprentices of the Plumbing

and Pipe Fitting Industry of the

United States and Canada, Local 46

Per:

“illegible” . “Jim Boyle” .

Gorbern Mechanical Contractors

Ltd.

Per:

“illegible” . “Ken Collins” .

3. Having regard to the memorandum of agreement, to the representations before it, the Board makes the following determination:

4. declares that the Union Security Provisions of the Collective Agreement which, as conditions of employment by Gorbern, require membership in the union, grant preference of employment to members of the union, and provide for payment of certain union field dues or contributions to or for the union, do not apply to Rogers in his employment relationship with Gorbern; nor shall Rogers be required to pay union dues or assessments to the union while in the employ of Gorbern;

5. declares that amounts equal to any union initiation fees, dues, assessments or other contributions, retroactive to and including the month of February, 1997, and continuing during Rogers’ employment with Gorbern, which, but for this Agreement, would be payable by Rogers directly to the union, shall be paid monthly by Rogers to “De Novo Treatment Centre Trust Fund” (De Novo) at Suite 601, 300 John Street, Thornhill, Ontario, L3T 5W4, or at such other address where De Novo from time to time may be located;

6. declares that in order to facilitate the payments referred to in paragraph 2 above, Rogers hereby directs Gorbern to deduct the amounts of such payments (currently $29.00 pr month) from Rogers’ wages, and to remit same monthly to De Novo. Failure of Gorbern to so deduct and remit, does not relieve Rogers of his obligation to pay;

7. declares that nothing herein contained shall affect the continuing obligation of Gorbern to remit contributions and deductions from wages, as required by the Collective Agreements, provided that the union agrees that any such contributions or deductions from wages payable to the union, or to an affiliate of the union, arising out of Rogers employment with Gorbern, shall be directed by the union to be paid by the Administrator of the Funds to De Novo, rather than to the union or its affiliate;

8. declares that the parties acknowledge that for the period from and including February, 1997 to and including the month of February, 2000, Rogers owes to the union initiation fees and dues in the aggregate amount of $1,301.00, which sum is being paid by Rogers to De Novo contemporaneously with the execution of this Agreement;

9. declares that the parties acknowledge that the contributions made to the Administrator under the Collective Agreements by Gorbern, on behalf of Rogers, for Welfare and Pension benefits, shall be held by the Administrator in suspense, pending determination as to their disposition;

10. declares that if De Novo shall cease to function, or shall no longer accept the payments herein, the union and Rogers will seek to agree upon an alternative charity to receive the payments herein, and in default of agreement either of the said parties may request the Ontario Labour Relations Board to designate such a charity;

11. declares that should the union conclude, at any time, that Rogers’ religious beliefs no longer justify the exemptions herein agreed upon, the union may terminate this Agreement by giving at least Sixty (60) days Notice of Termination to Rogers, who, following such notice, shall be free to seek a remedy;

12. declares that this Agreement shall not be referred to as a precedent by any of the parties in any proceedings, save for proceedings to enforce this Agreement.

13. Having regard to the agreement of the parties, this matter is hereby terminated.

"John Morgan Lewis"

for the Board