1712-00-G; 1935-00-G; 1936-00-G Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Derbtile Construction Inc., Responding Party.
2088-00-G Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America, Applicant v. Derbtile Construction Inc., Responding Party.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; November 15, 2000
These are referrals of grievances to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended ("the Act").
Prior to the hearing in this matter the parties entered into the following settlement:
BETWEEN:
Carpenters and Allied Workers Local 27 and Drywall
Acoustic Lathing and Insulation Local 675,
Applicant,
‑ and ‑
Derbtile Construction Inc.,
Responding Party.
Whereas the Union has filed grievances against Derbtile
And Whereas the grievances have been referred under S.133 of the Labour Relations Act as Board File #’s 1712-00-G
1936-00-G
1935-00-G
2088-00-G
And Whereas the jobs&/or projects referred to are
The Leo Beck School
CIBC – Dufferin Ranee
Acumen North Catholic School
Ryerson University Kerr Hall
170 Beverley Street – Heydon Park School
And Whereas the parties are desirous of settling all matters outstanding between them in relation to the above projects as they pertain to the above grievances.
Now therefore the parties agree as follows:
Derbtile shall pay to the Carpenters Central Ontario Regional Council the sum of $35,000 in full settlement as set out above no later than Friday, November 17, 2000.
Derbtile shall advise the Union of projects currently being performed by it and any new projects it obtains until Dec. 31, 2000.
This settlement shall be without precedent and without prejudice to the parties’ respective positions.
This settlement shall form part of a Board Order and the Board is hereby requested to issue same.
The Union shall provide Derbtile with a complete list of formwork, drywall and millwork subcontractors it has under agreement forthwith.
Dated at Toronto this 14th day of November, 2000.
“John Plateo”
"Chris Crompton” “Gideon Zameret”
For the Union For the Company
“Joe Sleva”
“Frank Munno”
- As this settlement is made in a proceeding under the Act, section 96(7) of the Act is applicable. Section 96(7) provides, in part:
Where a proceeding under this Act has been settled and the terms of the settlement have been put in writing and signed by the parties or their representatives, the settlement is binding upon the parties, the trade union, council of trade unions, employer, employers' organization, person or employee who have agreed to the settlement and shall be complied with according to its terms….
Furthermore, as this proceeding under the Act were referrals of grievances to the Board for determination under section 133 of the Act, section 48(15) of the Act, which provides that an arbitrator or board of arbitration may enforce the written settlement of a grievance, also applies to this settlement by reason of section 133(9) of the Act. Thus, it is clear that the settlement reached among the parties is binding on them and they are required to abide by its terms.
- Having regard to the terms of the written settlement dated November 14, 2000, among the parties, filed, and pursuant to sections 48(15) and 96(7) of the Act, the Board hereby:
(a) declares that Derbtile Construction Inc. must pay the Carpenters Central Ontario Regional Council the sum of $35,000.00 on or before Friday, November 17, 2000.
“Harry Freedman”
for the Board