Universal Workers Union, Labourers’ International Union of North America, Local 183 v. C. T. Drain Construction Ltd., 2000 CanLII 10991

1147-00-G Universal Workers Union, Labourers’ International Union of North America, Local 183, Applicant v. C. T. Drain Construction Ltd., Responding Party.

BEFORE: Marilyn Silverman, Vice‑Chair, and Board Members G. Pickell and G. McMenemy.

DECISION OF THE BOARD; July 28, 2000

1. 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’).

2. The parties have entered into a Memorandum of Agreement dated July 25, 2000 which reads as follows:

ONTARIO LABOUR RELATIONS BOARD

File No. 1147-00-G

BETWEEN:

Universal Workers Union, Labourers’ International Union of North America, Local 183

Applicant,

‑ and ‑

C. T. Drain Construction Ltd.

Responding Party.

MEMORANDUM OF AGREEMENT

Whereas the Applicant in this matter alleged that the Responding party is bound to the collective agreement referred to in paragraph 1 below:

And whereas the Responding party acknowledges that it is bound to this agreement;

Therefore the parties agree to settle this matter on the terms set out below and request the Board incorporate the following in a decision as a consent order.

1. A Declaration that the Responding Party is bound to the collective agreement effective May 1, 1998 to April 30, 2001 as between the Greater Toronto Sewer and Watermain Contractors Association Local 183 and Local 230.

2. A Declaration that the Responding Party has agreed to abide by the full terms and conditions of the above‑mentioned collective agreement.

3. A Declaration that the Responding Party has violated the collective agreement mentioned above and in particular articles 3, 4, 15, 18, 25, 30 and 22.

4. An order that the Responding party pay to the Applicant, as damages, the amount of $1,682.00 less statutory deductions as full and final settlement for the above violations of the collective agreement.

• and –

An order that payment is to be by cheque to be picked up by a representative from Local 183 on Thursday, July 27, 2000.

An Order that this cheque is to be made out to Dante Consiglio and will be accompanied by his final Record of Employment.

Dated at Toronto this 25^th day of July.

“Carmen Tuccitto” “Severino Silva”

Signature for the Signature for the

Responding Party Applicant

President Severino Silva

Print Name and Title Print Name and Title

Carmen Tuccitto Business Per Local 183

3. Having regard to the Memorandum of Agreement and the request of the parties, the Board makes the following declarations, directions and orders:

4. The Board declares that C. T. Drain Construction Ltd. is bound to the collective agreement effective May 1, 1998 to April 30, 2001 as between the Greater Toronto Sewer and Watermain Contractors Association Local 183 and Local 230;

5. The Board declares that C. T. Drain Construction Ltd. has violated the collective agreement mentioned above and in particular articles 3, 4, 15, 18, 25, 30 and 22;

6. The Board orders C. T. Drain Construction Ltd. pay to the Applicant, as damages, the amount of $1,682.00 less statutory deductions as full and final settlement for the above violations of the collective agreement and that the payment be made in the manner as set out in the Memorandum of Agreement.

7. 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