Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Frank Busseri c.o.b. as an unincorporated entity known as TEK Drywall & Acoustics
BEFORE: Gail Misra, Vice-Chair, and Board Members J. G. Knight and H. Haward.
DECISION OF THE BOARD; December 11, 2000
1The style of cause is hereby amended to reflect the correct name of the responding party: “Frank Busseri c.o.b. as an unincorporated entity known as TEK Drywall & Acoustics”.
2The 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.
3Prior to the hearing in this matter, the parties entered into a Memorandum of Agreement dated December 5, 2000.
4Having regard to the Memorandum of Agreement, to the material before it, and pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”) the Board makes the following declarations and directions:
(1) The Board declares that Frank Busseri c.o.b. as an unincorporated entity known as TEK Drywall & Acoustics is bound to the collective agreement effective May 1, 1998 as between the The Carpenters’ Employer Bargaining Agency and The Carpenters’ District Council of Ontario, United Brotherhood of Carpenters and Joiners of America.
(2) The Board declares that Frank Busseri c.o.b. as an unincorporated entity known as TEK Drywall & Acoustics has violated the collective agreement mentioned above and in particular Article 9 thereof.
(3) The Board orders Frank Busseri c.o.b. as an unincorporated entity known as TEK Drywall & Acoustics to pay to the applicant, as damages for the above violations of the collective agreement, the amount of $2,000.00.
5The Board notes the responding party's agreement to abide by the full terms and conditions of the collective agreement mentioned in paragraph 4(1) above.
“Gail Misra”
for the Board